SymCheck Terms of Use | COVID-19 Symptom & Workplace Check-in Software

Last Modified: June 8, 2020

These Terms of Use (these “Terms” or this “Agreement”) govern your use of SymCheck (“SymCheck” or the “Website”) and constitute a license for your use of SymCheck. By accessing, viewing, or using SymCheck, you acknowledge that you have read, understand, and agree with these Terms. If you disagree with these Terms and the Privacy Policy at https://www.symcheck.io/privacy.html and/or do not wish to be bound by these Terms or the Privacy Policy, do not use SymCheck. If you are accepting these Terms of Use on behalf of a business, you represent and warrant that you have sufficient authority to bind the business, and that your acceptance of these Terms shall bind the company on whose behalf you are accepting these Terms..

Your Use of SymCheck. Upon payment in full for each user accessing SymCheck through you, BizStream grants you a limited, nonexclusive, nontransferable, revocable license to use SymCheck and its service subject to the restrictions set forth in these Terms of Use.

By registering your business to use SymCheck, you represent and warrant that you are of legal age to form a binding contract with BizStream and meet all of the eligibility requirements for doing so in the state in which you reside. SymCheck is offered and available to users who are at least 18 years of age or older, and reside in the United States of America or any of its territories or possessions. Use of SymCheck is intended for your employees and guests, and is not intended for any minors unable to agree to terms for using it.

Access and Account Security. By registering to use SymCheck, you agree that you are responsible for:

Making all arrangements necessary for your employees and guests to have access to SymCheck.
Ensuring that all persons who access SymCheck through your company’s link are aware of all applicable terms and policies, agree with them, and comply with them.

It is a condition of your use of SymCheck that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with SymCheck, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy https://www.symcheck.io/privacy.html .

You must safely guard your user name, password or any other piece of information generated as part of SymCheck’s security procedures, and you must not disclose such information to any other person or entity, other than a colleague in the ordinary course of business. You agree to notify BizStream immediately of any unauthorized access to or use of your user name or password, or any other breach of security.

BizStream has the right to disable any user name, password, or other identifier, whether chosen by you or provided by BizStream, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use, and/or any local, state, or federal law or regulation.

User Privacy. SymCheck may share certain data with governmental agencies and health care providers. In the event that SymCheck does so, it will (1) do so with your consent; and (2) anonymize such data so that no personally identifiable information about your users is shared with any third parties.

Intellectual Property Rights. SymCheck and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by BizStream, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on SymCheck, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of SymCheck for your own personal, non-commercial use and not for further reproduction, publication, distribution, or dissemination.

You must not:

Modify copies of any materials from SymCheck.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from SymCheck.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from SymCheck.

Violation of the foregoing will result in your license to use SymCheck being immediately terminated. BizStream reserves the right to pursue any or all additional remedies in our sole discretion.

By subscripting to SymCheck, no right, title or interest in or to SymCheck or any content on SymCheck is transferred to you, and all rights not expressly granted are reserved by BizStream. Any use of SymCheck not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The “SymCheck” name and logo, and all related names, logos, product, and service names, designs, and slogans are the intellectual property of BizStream or its affiliates or licensors. You must not use such marks without the prior written permission of BizStream. All other names, logos, product, and service names, designs and slogans on the Website are the intellectual property of their respective owners.

Prohibited Uses. You may use SymCheck only for lawful purposes and in accordance with these Terms of Use. You agree not to use SymCheck in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, with your use of your users’ data.

Use SymCheck at Your Own Risk. You agree that your access to and use of SymCheck and its service is at your own risk. BizStream will have no responsibility for any harm, including data loss or data corruption, that results from your access to or use of SymCheck, any related site, its content, or its service.

Disclaimer of Warranties. You understand that BizStream cannot and does not guarantee or warrant that files available for downloading from the internet, such as SymCheck, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to SymCheck for any reconstruction of any lost data. BIZSTREAM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH SYMCHECK OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF SYMCHECK, ITS CONTENT, AND ANY SERVICES VIA SYMCHECK IS AT YOUR OWN RISK. SYMCHECK AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BIZSTREAM NOR ANY PERSON ASSOCIATED WITH BIZSTREAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF SYMCHECK. WITHOUT LIMITING THE FOREGOING, NEITHER BIZSTREAM NOR ANYONE ASSOCIATED WITH BIZSTREAM REPRESENTS OR WARRANTS THAT SYMCHECK WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SYMCHECK WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation on Liability.
IN NO EVENT WILL BIZSTREAM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SYMCHECK, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE MAXIMUM AMOUNT OF DAMAGES YOU MAY RECOVER SHALL NOT EXCEED THE AMOUNT THAT YOU HAVE PAID TO ACCESS SYMCHECK OVER THE TWELVE MONTHS PRECEDING THE DATE OF YOUR ALLEGED LOSS.

Indemnification. You agree to defend, indemnify, and hold harmless BizStream, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of SymCheck, including, but not limited to, any use of the SymCheck’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from SymCheck, or the violation of these Terms of Service by a third party to whom you granted your access to SymCheck.

Miscellaneous
No waiver of any breach of any provision of these Terms will be deemed a waiver of any preceding or succeeding breach or of any other provision of these Terms. No extension of time for performance of any obligations or acts will be deemed a extension of the time for performance of any other obligations or acts.

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

These Terms are governed by the laws of the State of Michigan and any disputes arising out of these Terms shall be litigated in a court of competent jurisdiction sitting in Kent County, Michigan, which shall apply the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rules.

SymCheck is controlled by facilities in the United States of America. BizStream makes no representations that SymCheck is appropriate or available for use in other locations. If you access SymCheck from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations.

These Terms of Use are the entire and exclusive agreement between BizStream and you regarding SymCheck, and these Terms of Use supersede and replace any prior agreements between BizStream and you regarding SymCheck and its Service.