Effective Date: August 1, 2020
Symmetry Energy Solutions, LLC
This Service is intended for individuals who are at least 16 years old. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Additional terms will apply when you use certain Symmetry programs and services, and those terms will be provided to you prior to your use of those programs, and services.
1. Use Of The Service
Symmetry hereby grants you a non-exclusive, non-transferable, personal, revocable, limited license to access and use the Service under the terms set forth below.
The Service and the Content are the exclusive property of Symmetry or its licensors, and are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos (collectively, the “Marks”) on the Service are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the Marks on the Service may be registered or unregistered marks of Symmetry or others. Nothing contained on this Service should be construed as granting by implication, estoppel, or otherwise any license or right to use any of the Marks on the Service without the express written permission of Symmetry or a third-party owner of such Marks.
Any unauthorized uses of the Marks or Content on the Service are strictly prohibited. To request permission to use the Marks or Content on the Service, or any other Symmetry material, please contact Symmetry at email@example.com.
You shall honor all reasonable requests by Symmetry to protect Symmetry’s proprietary interests in the Service and its Content. You expressly agree not to:
- Use the Service for any purpose that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Service or any data or content found on or accessed through the Service without prior express written consent;
- Obtain or attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by their public display on the Service or through their accessibility by a visible link on the Service;
- In any way bypass or circumvent any other measure employed to limit or prevent access to the Service or Content displayed on the Service;
- Violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with this Service, through hacking, password mining or any other means;
- Interfere or attempt to interfere with the proper working of the Service or any activities conducted on or through the Service, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Service;
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Take or attempt any action that, in the sole discretion of this Service’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or our infrastructure.
- Reveal another person’s address, phone number, e-mail address, credit card number, Social Security Number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
You may not use the Service for any unlawful purpose. Any unauthorized use by you of the Service terminates your license to access and use the Service.
2. Content You Submit
You authorize Symmetry to publish your User Content in a searchable format that may be accessed by users of the Service. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You also acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Symmetry, a Community Forum or the Service.
You also understand and acknowledge that: (a) Symmetry has wide access to ideas and other materials and that many ideas may be similar or identical to your submission (your User Content) and/or each other; (b) you will not be entitled to any compensation as a result of Symmetry’s use of any such similar or identical material; and (c) Symmetry does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your User Content.
You agree that Symmetry has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its rights to use your User Content. You further acknowledge and agree that Symmetry will not have any obligation to you with regard to User Content and that Symmetry may or may not monitor, display or accept your User Content and may delete it at any time and you may have no right to access or control any User Content that you provide once you provide it. If you uploaded content you wish to be deleted from the Service, you can email us at firstname.lastname@example.org and we will review your request.
4. User Interactions And Disputes
You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor disputes and take action associated with those disputes. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online and offline activities.
5. Your Account
The products and services are made available on the Service in electronic form. By visiting or using the Service in any way, you agree to accept notices of any kind from Symmetry in electronic form. Notices from Symmetry intended for your receipt shall be deemed delivered and effective when sent by email by Symmetry to any email address you provide to Symmetry on or in connection with the Service.
7. Information About You and Your Visits to the Website
8. Third Party Websites And Social Networks
Although Symmetry may provide a link to a third-party website or social network on the Service, such a link is not an authorization, endorsement, sponsorship or affiliation by Symmetry with respect to such website or social network, its content, its owners or its providers. Symmetry provides such links for your reference and convenience only. Accordingly, Symmetry makes no representations whatsoever concerning such websites and social networks. Symmetry has not tested any information, products or software found on such websites and social networks and therefore cannot make any representations whatsoever with respect thereto. You agree that Symmetry is not responsible for the content or operation of such websites and social networks, and it is up to you to take precautions to ensure that whatever you select is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. You are solely responsible for determining the extent to which you may use any content at any other websites and social networks to which you link from this Service.
10. Sweepstakes, Contests, and Promotions
Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
11. Wireless and Location-Based Features
The Service may offer features that are available to you via your wireless device including the ability to access the Service’s features and receive messages from the Service, and download applications (collectively, “Wireless Features”). By using the Service, you agree that we may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Service.
12. Disclaimer Of Representations And Warranties; Limitation Of Liabilities
THE CONTENT AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. NEITHER SYMMETRY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYERS OR AGENTS (“COLLECTIVELY, “THE SYMMETRY ENTITIES”) MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SERVICE, THE SERVICE’S OWN CONTENT, ANY OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICE. THE SYMMETRY ENTITIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE SYMMETRY ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE OTHER PERSON OR ENTITY FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. ANY SUPPLIERS OFFERING AND PROVIDING SERVICES ON THIS SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SYMMETRY. THE SYMMETRY ENTITIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
IN NO EVENT WILL THE SYMMETRY ENTITIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
IN NO EVENT SHALL THE SYMMETRY ENTITIES OR ANY OF THEIR THIRD-PARTY LICENSORS, RESPECTIVE CONTRACTORS, OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN, WITH RESPECT TO ANY USE OF THE SERVICE OR ANY HYPERLINKED WEBSITE, EVEN IF THE SYMMETRY ENTITIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE SYMMETRY ENTITIES NOR ANY OF THEIR AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT ON THE SERVICE OR OTHERWISE. IN NO EVENT WILL THE SYMMETRY ENTITIES, THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SERVICE.
The Content may include delays, omissions or inaccuracies due to the number of sources from which the Content is obtained. The Symmetry Entities assume no liability for any errors or omissions in the Content and expressly disclaims any responsibility to update the Service or the Content displayed on the Service. The Symmetry Entities assume no responsibility for the use of third party software on the Service and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
14. Termination; Survival
You may terminate this Agreement or membership in the Service, for any or no reason, at any time, by sending an email to email@example.com. If your access to the Service is terminated, cancelled or otherwise ends: (i) we will remove your profile from the Service; and (ii) we may, in our sole discretion, remove and discard any of your User Content, but we will have no obligation to do so and public posts made by you on the Service may remain on the Service in perpetuity. If you uploaded content you wish to be deleted from the Service, you can email us at firstname.lastname@example.org and we will review your request.
15. Location Of Service And Territorial Restrictions
Unless otherwise specified, the Service is presented solely for residents of United States of America.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Symmetry to any registration requirement within such jurisdiction or country. Symmetry makes no representations or warranties that the information, products or services contained on the Service are appropriate for use or access outside of the United States. Anyone using or accessing the Service from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by this Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
16. Applicable Laws
17. Disputes; No Class Actions
To the extent allowable by law, any dispute relating in any way to your access to and use of the Service shall be submitted to confidential and binding arbitration in the State of Texas under the rules of the American Arbitration Association. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Symmetry or its licensors, as the case may be, Symmetry or its licensors may seek injunctive or other appropriate relief in any state or federal court in the State of Texas.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND SYMMETRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state or federal courts located in Houston, Texas. All rights not expressly granted herein are reserved.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Symmetry agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
18. Waiver Of Injunctive Or Other Equitable Relief.
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SYMMETRY OR A LICENSOR OF SYMMETRY.
19. Force Majeure
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Service, including, without limitation, those governing your transmission or use of any software or data.
24. Terms Applicable For Apple IOS
If you are using the Service through an Apple Device, the following terms apply:
- You acknowledge that Symmetry, and not Apple, is responsible for providing the Service and Content thereof.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
- To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
- Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service