- ACCEPTANCE OF TERMS
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SERVICE (AS DEFINED BELOW) OR REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY REVISIONS THERETO POSTED ON THIS SITE.
a. Symbolic automatically receives and records information from your computer and browser, including your IP address, cookie information, software and hardware attributes and the pages that you request.
b. Symbolic may use the information it collects for the following general purposes: to customize the content (which may include advertising) you see, fulfill your requests for products or services, improve our services, contact you, conduct research and provide anonymous reporting for internal and external clients.
c. Symbolic does not rent, sell or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested, when we have your permission, or under the following circumstances:
(1) We respond to subpoenas, court orders or legal process, and we exercise our legal rights or defend against legal claims;
(2) We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the TOU or as otherwise required by law;
(3) We transfer information about you if Symbolic is acquired by or merged with another entity; or
d. Symbolic may set and access cookies on your computer. Symbolic may also let other companies that show advertisements on our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies.
e. Symbolic may use web beacons to access Symbolic cookies inside and outside our network of websites and in connection with this website.
f. This website is intended for use by adults only. In connection with the website, Symbolic does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of 13.
You agree to indemnify and hold Symbolic and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) Content you submit, post, transmit or otherwise make available through the website; (b) your use of the website; (c) your connection to the website; (d) your violation of the TOU; (e) or your violation of any rights of another party.
- MODIFICATIONS TO SERVICE
Symbolic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that Symbolic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Symbolic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
The website may provide, or third parties may provide, links to other websites or resources. Because Symbolic has no control over such sites and resources, you acknowledge and agree that Symbolic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Symbolic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- Symbolic's PROPRIETARY RIGHTS
a. You acknowledge and agree that the website and any necessary software used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Symbolic or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website, in whole or in part.
b. Symbolic grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software as necessary to access the website on a single computer at a time; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the website. You agree not to access the website by any means other than through the interface provided by Symbolic for use in accessing the website.
c. The Symbolic name and logo are trademarks and service marks of Symbolic. You agree not to display or use in any manner any Symbolic Marks without prior written consent.
- NO GUARANTEE OF VALIDITY
a. All information within the website is provided for informational purposes only. By no means is any information presented within the website intended to substitute for the advice that may be provided to you by a professional. If you need specific advice (e.g., scientific, medical, legal, financial or risk management), please seek a professional who is licensed or knowledgeable in that area.
- DISCLAIMER OF WARRANTIES
a. Your use of the website is at your sole risk. The service is provided on an "as is" and "as available" basis. Symbolic and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Symbolic and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (1) the website will meet your requirements; (2) the website will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from the use of the website will be complete, accurate or reliable; (4) any errors in the software will be corrected.
c. Any material (including, but not limited to, any content) downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your person or property, and those of others, that results from your use of any such material.
d. No advice or information, whether oral or written, obtained by you from symbolic or through or from the website shall create any warranty not expressly stated in the TOU.
- LIMITATION OF LIABILITY
a. You understand and agree that symbolic and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if symbolic has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the website; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the website; or (5) any other matter relating to the website.
b. You understand and agree that by using the website, you may be exposed to content that is inaccurate, incomplete, unreliable, offensive, indecent or objectionable. Under no circumstances will symbolic and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available through the website. You understand and agree that the website is provided "as-is" and that symbolic and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
- COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
a. If you believe that your work has been made available on the website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated in connection with the website, please provide Symbolic's Agent for Notice of Claims the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located within the website;
(4) your address, telephone number and e-mail address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- GENERAL PROVISIONS
a. Entire Agreement. The TOU constitutes the entire agreement between you and Symbolic and governs your use of the website, superseding any prior or contemporaneous agreements between you and Symbolic with respect to the website. b. Choice of Law and Forum. The TOU and the relationship between you and Symbolic shall be governed by the laws of the State of New Jersey without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Union, in the State of New Jersey with respect to any claims arising from the TOU or your use of the website.
c. Waiver and Severability. The failure of Symbolic to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.