Terms of Use
Last updated: April 2, 2025
SymmetriCall Inc., (“Company”, “we”, “us”, or “our”) operates the website https://www.symmetricall.com. These Terms of Use (these “Terms”) apply to the webServices, products, services, and applications (the “Services”) offered by us that references or links to these Terms. Please read these terms carefully. They set out legally binding terms regarding your use of the Services. Your access to and use of the Services reflects your consent to be bound by these Terms.
BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO AGREE TO THESE TERMS, AND THAT YOU DO AGREE TO THESE TERMS. THESE TERMS INCLUDE PROVISIONS RELATING TO BINDING ARBITRATION, WITH SOME LIMITED EXCEPTIONS, AS DETAILED IN THE “DISPUTE RESOLUTION; BINDING ARBITRATION” SECTION BELOW, WAIVER OF A RIGHT TO JURY TRIAL, WARRANTY DISCLAIMERS, AND CERTAIN EXCLUSIONS AND LIMITATIONS ON OUR LIABILITY. If you do not agree to these Terms, or if you are not legally competent to agree to them, then you may not use the Services or any services offered on the Services.
1. Privacy
Along with these Terms, please read our Privacy Policy, which is hereby incorporated and made part of these Terms. If you register an account with us, your account activity may be subject to additional terms. Those terms are hereby incorporated and made part of these Terms. In the event of a conflict between these Terms and any account-specific terms, the account-specific terms will control with respect to your use of the account.
2. Agreement To Be Bound
Your access to and use of this Services constitutes your agreement with Company to be bound by, and to act in accordance with, these Terms. From time to time, Company may make available as part of this Services or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.
If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach. AS SUCH, IF YOU DO NOT AGREE TO ANY ASPECT OF THE TERMS OF USE, PLEASE DO NOT USE THE SERVICES OR THE SERVICE.
If you are an individual using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both the individual using the Services and to any such Organization.
3. Services Term
The Services are offered on a month-to-month basis, beginning on the date you purchase the Services, and automatically renews on a monthly basis. You may cancel the Services at any time in accordance with Section 5 Account Termination below. You will be responsible for paying the month's charges through the date of cancellation, including all applicable fees and usage charges.
4. User Accounts
If you register an account on the Services (your “Account”), you: must not allow any third party to access the Services or your Account using the username and password (“Login Credentials”) we assigned to you during the registration process; are prohibited from using anyone else's Login Credentials and password to access the Services or your Account; are responsible for any use of your Account by any third party who accesses the Services or your Account using your Login Credentials and/or password; will notify us immediately if you suspect any unauthorized use of your Account or of your Login Credentials; and are responsible for ensuring that any information that you provide to us as part of the account registration process is truthful, accurate, complete, and is kept up to date at all times, and you will notify us immediately of any changes to this information. We are not responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Services if your failure to keep your account information secure and confidential results in someone else's use of your Account or account information.
5. Account Termination
In the event that you wish to stop using the Services, you may do so at any time, within the mobile application. Upon termination of your Account, all information associated with your Account will be deleted or anonymized within thirty (30) days of termination. As such, you should perform regular backups in order to avoid losing information upon termination. If you have deleted your Account by mistake, contact us immediately at [insert email]. If possible, we will attempt to assist in recovering any lost information following an accidental account closure, though we make no representations that we will be able to recover or restore any information.
6. Billing and Payments
When you subscribe to the Services, you will provide us with a valid payment method, such as a valid credit card (including proper billing information), and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method. Upon termination, we will charge you any fees and any other outstanding charges and disconnect your Services. You agree to advise and notify us of any changes to your payment method, such as credit card account number or expiration date changes. If the credit card or other payment method on your Account is declined or fails for any reason, Company will use reasonable efforts to contact you and advise you of the failed billing attempts. Notwithstanding the foregoing, Company reserves the right to disconnect your Services and terminate your Account if your credit card on file is declined or fails for any reason, and Company reserves the right to continue to attempt charging your credit card for any outstanding Services charges and additional fees and pursue any other legal remedies available to Company. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
Unless otherwise stated at the time of purchase or on the invoice, payment is due in full, without deduction or set-off, within thirty (30) days of the date on the invoice. Any payment not made when due will be subject to a late payment fee equivalent to the lesser of (i) one and a half percent (1.5%) per month; or (ii) the highest rate allowed by law. Company's acceptance of late or partial payments (regardless of how they are marked or designated (including without limitation as 'Paid in Full', 'Accord and Satisfaction', or similarly)) will not waive, limit, or prejudice in any way Company's rights to collect any amount due. Company's may terminate the Services for non-payment if any fees or charges are not paid within thirty (30) days of the due date.
All rates, fees, and charges are exclusive of applicable Taxes, for which you are solely responsible for. Taxes may vary based on jurisdiction and the Services provided. Taxes, access fees, universal service or other recovery fees, or similar charges will be adjusted on the date in which those increases become effective as mandated by competent authority. If any withholding tax is levied on the payments, then you must increase the sums paid to Company so that the amount received by Company after the withholding tax is deducted is the full amount Company would have received if no withholding or deduction had been made.
7. Porting of Phone Number
You agree to provide us permission to port your phone number to the Services. A new phone number can be issued by Company, which may include a processing fee.
You may be able to port your current number to another service provider upon termination of the Services. If you cancel the Service prior to completion of the port, the Services will not work and your number may be immediately released and be unavailable for porting. Your Account must be active and in good standing in order to port out your number.
8. Third Party Provisions
If you download our mobile app from the Store known as Apple® App Store™, (i) you and Company acknowledge that this agreement is between you, as the end user, and Company and Company, not Apple, Inc. (“Apple”), is solely responsible for the App and the content therein as between Apple and Company; (ii) you acknowledge that the license granted in this Section 8 only permits your use of the App on any Apple-branded products owned or controlled by you and as permitted by the Usage Rules set forth in the Apple Media Service Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing; (iii) you acknowledge that Apple has no obligation to furnish any maintenance or support for the App, and you and Company acknowledge that Company, not Apple, is solely responsible for providing any maintenance and support with respect to the App, as specified by this agreement, or as required by applicable law; (iv) Company, not Apple, is solely responsible for any product warranties, and in the event of any failure of the App to conform to any applicable warranty, the end user may notify Apple, and Apple will refund the purchase price for the App to that end user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company's sole responsibility; (v) you and Company acknowledge that Company, not Apple, is responsible for addressing any claims of the end user or any third party relating to the App or the end user's possession and/or use of the App, including, but not limited to product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks; (vi) you and Company acknowledge that in the event of any third party claim that the App or the end user’s possession and use of that App infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties; and (viii) you and Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms of use of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against the end user as a third party beneficiary thereof.
If you download our mobile app from the Store known as Google Play® operated by Google Inc. (“Google”), if there is a conflict between the Google Play Developer Distribution Agreement (the “Google Play Agreement”) and these Terms, the Google Play Agreement will control.
9. Changes to Services
Company, at our sole discretion, reserve the right to add, remove, or modify features or functions, including reassignment of phone numbers when such numbers are no longer available, or to provide fixes, updates, and upgrades, to the Services. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Services. In addition, you and Company acknowledge that no third party has any obligation whatsoever to furnish maintenance or support services with respect to the Services and that Company is solely responsible for the provision of maintenance and support as provided in these Terms and to the extent such maintenance and support is required under applicable law. Your continued use of the Services following any modification of the Services constitutes your agreement with any such changes or updates.
10. Use of Services Content
Other than as expressly permitted in the next sentence, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Services or any content, information, software, products or services obtained from the Services without our prior written permission. You may view and display the public portions of the Services (that do not require password access) solely for your own internal, noncommercial, lawful use. You may only use restricted Services content subject to the expressly stated restrictions or limitations relating to specific material on the Services, and such other additional terms and conditions or agreements as we or our licensors or suppliers may require you to agree to as a condition to use such material. If you make other use of the Services and materials available through the Services, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
11. Prohibited Uses
You may not (a) decompile, disassemble, or reverse engineer the Services or any portion thereof; (b) attempt to gain unauthorized access to the Services, any portion thereof, including content accessible via the Services, or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calling or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Services or any content on the Services; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services to its source. You agree that you will not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
You will not use the Services to violate any applicable law, rule or regulation or any of these Terms and you will not encourage or enable others to violate any applicable law, rule or regulation or any of these Terms.
12. Intellectual Property
The Services contains valuable trademarks and service marks owned and used by us and our affiliate companies (collectively, “Our Marks”). Any use of Our Marks for any commercial purpose without our express prior written permission is strictly prohibited. The arrangement and layout of the Services, including but not limited to, Our Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, product descriptions, and other content or material on the Services, are the sole and exclusive property of us or our licensors, or other suppliers. You agree not to use the Services content in any manner that is likely to cause confusion among customers, that disparages or discredits us and/or our licensors or other suppliers, that dilutes the strength of our or our licensors’ or other suppliers’ property, or that otherwise infringes or misappropriates our or our licensors' or other suppliers' intellectual property rights. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SERVICES OR ANY CONTENT OR MATERIALS ON THE SERVICES FOR COMMERCIAL USES IS STRICTLY PROHIBITED.
13. Product Descriptions
While we attempt to be as accurate as possible in any details and descriptions and which appear on the Services, errors may occur. We do not guarantee that product descriptions, product images, specifications, or other content on any Services or product listing is accurate, complete, reliable, current, or error-free. Any descriptions are approximate and are provided for convenience purposes only.
We attempt to display as accurately as possible the colors of products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
14. User-Generated Content
From time to time, the Services may permit the submission of content, such as comments, reviews, or other content generated by you and other users (“User Content”). We are under no obligation (1) to maintain any User Content in confidence; (2) to pay any compensation for any User Content (unless advertised to be paid content); or (3) to review, moderate, or respond to any User Content.
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Services is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant that: (i) your User Content does not violate, infringe, or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize us to use, copy, or reproduce your User Content as set forth in the paragraph below, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate our Acceptable Use Policy set forth below in Section 15.
As between you and us, you will retain all of your ownership rights in and to your User Content. By submitting User Content, you hereby grant to us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that we (or our successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Services a non-exclusive license to view and access your User Content through the Services, to the extent permitted by the Services under these Terms.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. Please note that Services visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Britax. We reserve the right but is not obligated to monitor User Content or other content sent to or through the Services. We have the right (but not the obligation) to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Services for any reason - at our sole discretion, subject to applicable law. We take no responsibility for User Content.
15. Acceptable Use Policy
By submitting User Content and otherwise using the Services, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant us all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Services to harm any person or entity, including us; (iv) impersonate any person or entity, including but not limited to, a representative of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Services; (vi) e-mail any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Services without their consent; (x) use the Services (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xi) use any of the Services in any manner that could overburden or impair any of the Services or the networks or systems connected to the Services; (xii) use any device, software or instrumentality to interfere with the proper working of the Services or disobey any requirements, procedures, policies or regulations of networks connected to the Services; and/or (xiii) use the Services for any commercial or for-profit manner or purpose, including, but not limited to, for the purpose of, or with the intention of initiating future litigation or arbitration, including using the Services in order to trigger or induce an alleged violation of any law.
In addition, you agree that you will comply with all applicable laws that relate to your use of or activities in connection with the Services. You also agree that you will not violate or attempt to violate the security of the Services. Violations of system or network security may result in civil or criminal liability. You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you so notify us, or we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe. We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
16. Feedback
We welcome your feedback, testimonials, comments, ideas and reviews about the services and products offered through this Services (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, such Feedback shall be deemed to be non-confidential, and you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully-paid up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.
17. Termination; Suspension
Your ability to access and use the Services remains in effect until terminated in accordance with these Terms. You agree that we, in our sole discretion, may terminate your Account and/or your use of the Services and if we believe that you have violated or acted inconsistently with these Terms or for any other reason in our sole discretion. We also may in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services may be effected without prior notice and you acknowledge and agree that we may bar any further access to the Services. Further, you agree that we will not be liable to you or any third-party for any termination of access to the Services. This sentence of this Section 17 and the provisions of the Intellectual Property, Feedback, Warranty Disclaimers, Indemnification, Limitation of Liability, Applicable Law and Forum sections, together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.
18. Links ro Other Websites
The Services may contain links to third-party websites (“Other Sites”) that are not under our control. We make no claim and accept no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Services or link to the Services. We provide these links to you as a convenience and the inclusion of any link does not imply endorsement by us of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party websites.
19. Communications
You agree that Company may send emails to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Services, or for other purposes we deem appropriate.
20. Legal Notices & Electronic Communications
Except as explicitly stated otherwise, any notices you send to us shall be sent to:
SymmetriCall Inc
1917 Tropical Breeze Dr
Las Vegas, NV 89117
USA
In the case of notices we send to you, you consent to receive notices and other communications by: (i) posting notices on the Services, (ii) sending you an email at the email address listed in your profile in your Account, or (iii) mailing a notice to you at your billing address listed in your profile in your Account. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
21. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD US AND OUR PARENTS, AFFILIATES, AGENTS AND LICENSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AND DIRECTORS OR THIRD PARTIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER LEGAL COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (I) YOUR USE OF THE SERVICES, INCLUDING ANY USER CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SERVICES, (II) YOUR VIOLATION OF THESE TERMS, OR (III) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY OR OTHER SERVICES USER.
22. WARRANTY DISCLAIMERS
Your use of the Services is at your sole risk. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PROTECTED ENTITIES DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICES OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SERVICES AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
23. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL WE OR OUR PARENTS OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, STATUTORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR ANY GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES CONTAINED THEREIN ON THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF ACTUAL DAMAGES IN DISPUTE, NOT TO EXCEED THE TOTAL AMOUNT WHICH YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) USD $100.
You understand that this Section 23 is an essential aspect of our ability to provide the Services to you, and that we would not be able to do so without these provisions. If you do not intend to honor this provision, do not use the Services.
24. Dispute Resolution
For all disputes, you must first give Company an opportunity to resolve the dispute by writing us at
SymmetriCall Inc
1917 Tropical Breeze Dr
Las Vegas, NV 89117
USA
and providing the following information: (1) your name, (2) your address and email address, (3) a written description of your claim, expressly including any available documentation supporting or otherwise evidencing your claim that is in your possession or available to you through a third party, and (4) a description of the specific relief you seek, the damages and/or injury you suffered, and a calculation for any such damages (a “Dispute Notice”). Each Dispute Notice is limited to a single Dispute between you and Company. As such, your dispute and the disputes of other parties may not be combined into a single Dispute Notice.
Within 60 days after receiving a complete Dispute Notice, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Company (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Company will participate in the Conference through one or more representatives, which may include our counsel.
Both you and Company agree that the foregoing dispute resolution procedure (the “Pre-Arbitration Claim Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Pre-Arbitration Claim Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the dispute.
25. Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver
Any claim between you and Company related to these Terms or your use of this Services, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration, except to the extent either party elects to resolve a dispute subject to the jurisdiction of a small claims court.
You and Company further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms or your use of the Services, by whatever means, between you and Company, shall be resolved in its entirety on an individual basis (not class wide or collective) through binding arbitration.
Any dispute regarding the scope of this Arbitration Agreement shall be decided by the arbitrator.
You and Company agree that that any arbitration under this Arbitration Agreement will take place on an individual basis, except as otherwise provided below, and that proceedings as a private attorney general are not permitted.
26. Arbitration Procedures
If any dispute between you and Company is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Company may initiate arbitration proceedings. Any controversy or claim arising out of your use of this Service or these Terms shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that Company accommodating any location request for your convenience will not subject Company to personal jurisdiction in such forum. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration. In resolving a claim for arbitration, the arbitrator shall apply New York State law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made and all initial filing requirements are met, unless further extended by mutual agreement of the parties. Disputes regarding the scope of this agreement to arbitrate shall be resolved by the arbitrator.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.
However, notwithstanding the above, if you file a demand for arbitration that is one of fifty (50) or more similar demands for arbitration filed against Company by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”), or any successor rules or procedures intended to or having the effect of reducing the cost of Mass Arbitration. The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures.
You and Company agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 26, or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
27. Other Dispute Resolution Terms
In the event of any dispute between the parties, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with the dispute. As in court, you and Company agree that any counsel representing someone in arbitration certifies that they will comply with the requirements of Federal Rule of Civil Procedure 11, including a certification that the claim or the relief sought is neither legally or factually frivolous, nor brought for an improper purpose.
You acknowledge that if you are in breach of any provisions of these Terms, you shall not have the right to enforce any of the provisions herein. This includes, but is not limited to, any rights or remedies that would otherwise be available to you under these Terms.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS SERVICE OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
28. Applicable Law and Forum
Your use of this Services, these Terms and any disputes arising under or related to these Terms or related to use of this Services (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the state of Nevada, without reference to its conflicts of law principles.
Any disputes not subject to arbitration pursuant to Section 26, shall be resolved by a court located in Nevada and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that, to the extent permitted by law, (a) any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective, or representative capacity.
29. Entire Agreement; No Waiver; Assignment
These Terms, together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between you and us regarding the Services. Neither the course of conduct between us nor trade practice shall act to modify these Terms. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.
30. Severability
If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect.
31. Geographic Restrictions
The Services is operated out of the United States. We make no representation that the Services, or content or information available via the Services, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws.
32. Changes to these Terms and the Services
We reserve the right to modify these Terms, and to add new or additional terms or conditions on your use of the Services, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms upon posting of revised Terms on the Services. Your continued use of the Services afterward will be deemed acceptance of the then-current Terms. We may modify or discontinue providing the Services more broadly, in whole or in part, at any time, for any reason, without prior notice.
33. Copyright
If you believe that any content on the Services violates these Terms or your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature by you or of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Services where the material that you claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the designated agent listed below.
If you believe that this Services contains any material that infringes your or another party's rights under the copyright laws, you shall provide notification to the following designated agent:
By Mail:
SymmetriCall Inc
1917 Tropical Breeze Dr
Las Vegas, NV 89117
USA
By Email: termsofuse@symmetricall.com
34. Notice for California Users
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
35. Contact Us
If you have any questions about these Terms or the Services, please feel free to contact us by email at termsofuse@symmetricall.com.