Legal/Terms of Use

Symmetry Legal

The Symmetryhealthcare.com Web Site is comprised of various Web sites and Web pages operated by Symmetry Healthcare Strategies, LLC or its affiliates (collectively, the “Symmetryhealthcare.com Web Site”).

The Symmetryhealthcare.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Symmetryhealthcare.com Web Site constitutes your agreement to all such terms, conditions, and notices.

MEMBER ACCOUNT, PASSWORD, AND SECURITY Symmetryhealthcare.com Site/Service requires you to have an account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Symmetry Healthcare Strategies, LLC immediately of any unauthorized use of your account or any other breach of security. Symmetry Healthcare Strategies, LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Symmetry Healthcare Strategies, LLC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE Symmetry Healthcare Strategies, LLC reserves the right to change the terms, conditions, and notices under which the Symmetryhealthcare.com Sites/Services are offered, including but not limited to the charges associated with the use of the Symmetryhealthcare.com Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Symmetryhealthcare.com Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the Symmetryhealthcare.com Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Symmetryhealthcare.com Sites/Services.

LINKS TO THIRD PARTY SITES The Symmetryhealthcare.com Sites/Services may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of Symmetry Healthcare Strategies, LLC and Symmetry Healthcare Strategies, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Symmetry Healthcare Strategies, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Symmetry Healthcare Strategies, LLC responsible if the Linked Site is not working appropriately. Symmetry Healthcare Strategies, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Symmetry Healthcare Strategies, LLC of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Symmetryhealthcare.com Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Symmetry Healthcare Strategies, LLC shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Symmetryhealthcare.com Sites/Services, you will not use the Symmetryhealthcare.com Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Symmetryhealthcare.com Sites/Services in any manner which could damage, disable, overburden, or impair any Symmetryhealthcare.com Site/Service(s) (or the network(s) connected to any Symmetryhealthcare.com Site/Service(s)) or interfere with any other party’s use and enjoyment of any Symmetryhealthcare.com Site/Service(s). You may not attempt to gain unauthorized access to any Symmetryhealthcare.com Site/Service, other accounts, computer systems or networks connected to any Symmetryhealthcare.com Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Symmetryhealthcare.com Sites/Services.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE Symmetryhealthcare.com SITES/SERVICES All content and software (if any) that is made available to view and/or download in connection with the Symmetryhealthcare.com Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, (“Software”) is owned by and is the copyrighted work of Symmetry Healthcare Strategies, LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Symmetry Healthcare Strategies, LLC hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Symmetryhealthcare.com Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA.You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Symmetryhealthcare.com SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Symmetryhealthcare.com SITES/SERVICES AND TO THE INFORMATION THEREIN. Symmetry Healthcare Strategies, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Symmetryhealthcare.com SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE Symmetryhealthcare.com SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, BUSINESS, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Symmetry Healthcare Strategies, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Symmetryhealthcare.com SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Symmetry Healthcare Strategies, LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT Symmetry Healthcare Strategies, LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A Symmetryhealthcare.com SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Symmetry Healthcare Strategies, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Symmetry Healthcare Strategies, LLC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Symmetryhealthcare.com SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL Symmetry Healthcare Strategies, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Symmetryhealthcare.com SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE Symmetryhealthcare.com SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Symmetryhealthcare.com SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Symmetryhealthcare.com SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Symmetry Healthcare Strategies, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Symmetryhealthcare.com SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Symmetryhealthcare.com SITES/SERVICES.

TERMINATION/ACCESS RESTRICTION Symmetry Healthcare Strategies, LLC reserves the right, in its sole discretion, to terminate your access to any or all Symmetryhealthcare.com Sites/Services and the related services or any portion thereof at any time, without notice. Upon termination of the Symmetryhealthcare.com Site/Service, your right to use the Symmetryhealthcare.com Site/Service immediately ceases. Symmetry Healthcare Strategies, LLC shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

LANGUAGE It is the express will of the parties that this agreement and all related documents have been drawn up in English.

GENERAL This agreement is governed by the laws of the State of New Jersey, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Monmouth County, New Jersey, U.S.A. in all disputes arising out of or relating to the use of the Symmetryhealthcare.com Sites/Services. Use of the Symmetryhealthcare.com Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Symmetry Healthcare Strategies, LLC as a result of this agreement or use of the Symmetryhealthcare.com Sites/Services. You agree to indemnify and hold Symmetry Healthcare Strategies, LLC , its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Symmetryhealthcare.com Sites/Services. Symmetry Healthcare Strategies, LLC reserves the right to disclose any personal information about you or your use of the Symmetryhealthcare.com Sites/Services, including its contents, without your prior permission if Symmetry Healthcare Strategies, LLC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Symmetry Healthcare Strategies, LLC or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Symmetry Healthcare Strategies, LLC ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Symmetry Healthcare Strategies, LLC ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Symmetryhealthcare.com Sites/Services or information provided to or gathered by Symmetry Healthcare Strategies, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Symmetry Healthcare Strategies, LLC with respect to the Symmetryhealthcare.com Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Symmetry Healthcare Strategies, LLC with respect to the Symmetryhealthcare.com Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES: All contents of the Symmetryhealthcare.com Web Sites are: Copyright © 2010 Symmetry Healthcare Strategies, LLC and/or its suppliers, 760 Alexander Road, Princeton, NJ 08543 U.S.A. All rights reserved.