Terms of Service
The Health Symmetric, Inc. – SocialCare Terms of Service and Conditions (TOS/TAC):
- These Terms of Services and Terms and Conditions (the terms are used interchangeable) govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
- Unless otherwise stated, SocialCare, Health Symmetric Inc. (also referred to as SocialCare) and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the TOS/TAC below, all these intellectual property rights are reserved.
THIS TOS/TAC CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
All disputes between you and Health Symmetric, Inc. – SocialCare will be resolved by binding arbitration. You thus give up your right to litigate disputes with us in court (except for matters that may be taken to small claims court). Disputes will be decided by a neutral arbitrator and not a judge or jury.
You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than court proceedings. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
To Use Our Services, You:
- Must be at least 13 years old (with some limited exceptions)
- May need to register with us to access and use some of our services and websites
- Must not initiate or participate in any activities on our services that are illegal, harmful, or interfere with anyone’s use of our services, including the sending of e-mail or instant messaging spam
If You Post Content On a Service, You:
- May post content that you create or have been given permission to post by the owner, is legal, and doesn’t violate the TOS/TAC
- Are responsible for content that you post to our services and assume all risks of posting personal information online
- Continue to own the content but grant Health Symmetric, Inc. – SocialCare a license to use and distribute your content
The Content On Health Symmetric, Inc. – SocialCare Services Is:
- Owned by us, our suppliers, or selected customers and may only be used as we specify
- For general information, discussion, and entertainment purposes only and we make no representations or guarantees about the truth, accuracy, or quality of any content
- Health Symmetric, Inc. – SocialCare reserves the right to edit or remove any material submitted to this website, or stored on SocialCare’s servers, or hosted or published upon this website.
- Notwithstanding SocialCare’s rights under these terms and conditions in relation to user content, SocialCare does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Health Symmetric, Inc. – SocialCare express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without SocialCare, Health Symmetric Inc. express written consent.
Access to certain areas of this website is restricted. Health Symmetric, Inc. – SocialCare, reserves the right to restrict access to other areas of this website, or indeed this entire website, at Health Symmetric, Inc. – SocialCare discretion.
If Health Symmetric, Inc. – SocialCare provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Health Symmetric, Inc. – SocialCare may disable your user ID and password in Health Symmetric, Inc. – SocialCare sole discretion without notice or explanation.
If You Subscribe to One Of Our Paid Services, You:
- Must provide us with accurate billing information, which we will keep on file
- Agree to pay all charges incurred on your account
- Acknowledge that surcharges may apply to some services, all charges are nonrefundable, and we may change any of our paid services at any time
- Are responsible for all fees necessary to access our services, including Internet access and text messaging fees and other wireless carrier charges
- May cancel a paid service by sending a fax, or emailing us
You Also Agree That We:
- Can change or end our services at any time without notice
- Can place advertising, which supports our services, within applications, on web pages, and on mobile devices
This website is provided “as is” without any representations or warranties, express or implied. SocialCare makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, SocialCare does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of Liability:
Health Symmetric, Inc. – SocialCare, will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, Health Symmetric, Inc. – SocialCare has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Health Symmetric, Inc. – SocialCare officers or employees in respect of any losses you suffer in connection with the website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Health Symmetric, Inc. – SocialCare and undertake to keep Health Symmetric, Inc. – SocialCare indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Health Symmetric, Inc. – SocialCare to a third party in settlement of a claim or dispute on the advice of Health Symmetric, Inc. – SocialCare legal advisers) incurred or suffered by Health Symmetric, Inc. – SocialCare arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Law and Jurisdiction:
These terms and conditions will be governed by and construed in accordance with (the laws of the state of Texas, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Texas.