Terms of Service

Access and Use of the Service Description: symmetRE provides an online portal system for real estate companies which may be accessed by real estate owners, developers, valuation agents, lenders and others who are granted the right to receive login credentials from the real estate company (the "Service(s)").
Your Registration Obligations: You will be required to register with symmetRE in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by the Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify symmetRE of any unauthorized use of your password or account or any other breach of security. symmetRE will not be liable for any loss or damage arising from your failure to comply with this Section. You agree that you will not allow any third parties outside your organization to access the Services through your account without the express consent of symmetRE.
Modifications to Service: symmetRE reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that symmetRE will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that symmetRE may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on symmetRE’s servers on your behalf. You agree that symmetRE has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that symmetRE reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that symmetRE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Non-Disclosure of Confidential Information. By accessing symmetRE’s site and Services, you will receive information, data, documents, analyses, compilations, studies, records, proposals, correspondence, reports, and other materials concerning the business and affairs provided by real estate company clients of symmetRE (collectively, “Confidential Information”). The design, makeup, functions and features of symmetRE’s online platforms and website, including any deliverables or outputs thereof, also constitute proprietary Confidential Information
- symmetRE agrees to provide you with Confidential Information on the condition that such Confidential Information be protected from unauthorized use and disclosure as provided herein. Subject to the exclusions set forth below, all information, data, documents, analyses, compilations, studies, records, proposals, correspondence, reports, and other materials available through our site, whether communicated in writing, orally or by visual inspection, shall be deemed Confidential Information without symmetRE being obligated to specifically identify, by notice or any other action, any information or material as to which protection is desired. Data, documents, analyses, compilations, studies, records, proposals, correspondence, reports, and other materials shall be deemed not to be Confidential Information to the extent that they are: (a) at the time of disclosure, available to the general public or generally known within the industry; or (b) received by you on a non-confidential basis from a third party lawfully possessing and lawfully entitled to disclose such material; or (c) in your rightful possession prior to disclosure by symmetRE.
- By accessing symmetRE’s web site, you agree that you will not (i) disclose any portion of the Confidential Information to any persons or entities other than your financial, legal and tax advisers (collectively, “Representatives”) who reasonably need to have access to the Confidential Information for purposes of providing advice to you and who are aware of and have agreed to abide by the terms of this non-disclosure agreement; (ii) use any portion of the Confidential Information for any purposes other than to evaluate a real estate development or transaction. You agree to take all necessary steps to safeguard the Confidential Information in order to prevent disclosure thereof other than as permitted under this Agreement. In the event that you or any of your Representatives are requested or required, by court or administrative or regulatory order, or by deposition, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar process, to disclose any of the Confidential Information, you shall provide symmetRE with prompt written notice of any such request or requirement prior to the disclosure of Confidential Information, so we may seek a protective order or other appropriate remedy to prohibit or to limit such disclosure. If, in the absence of a protective order, you or any of your Representatives are nonetheless compelled to disclose Confidential Information, your or your Representative may, without liability hereunder, disclose only such portions of the Confidential Information that are legally required to be disclosed. You shall as soon as practicable advise symmetRE of the Confidential Information so disclosed and the persons to whom it was so disclosed. Upon our request, you will shall (i) return to symmetRE all Confidential Information that you have received; and/or (ii) cause to be destroyed all Confidential Information that you have received, as directed by symmetRE.
- Any amendment to this non-disclosure agreement must be writing and signed by us. Nothing in this Agreement shall be deemed to create rights in or benefits for any third parties. If any provision hereof is unenforceable or invalid, it shall be given effect to the extent it may be enforceable or valid, and such unenforceability or invalidity shall not affect the enforceability or validity of any other provision of this agreement.
Intellectual Property Rights Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by symmetRE, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by symmetRE from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of symmetRE, our affiliates and our partners (the “Software”). You agree not to copy, modify, disclose, translate, create a derivative work of, reverse engineer, reverse assemble, build a similar or competitive product or service by copying features or functions of the Software, attempt to discover any source code, sell, assign, sublicense, lend, assign or otherwise transfer any right in the Software, circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of, or the functionality of, the Software, or cause or permit any person to do any of the foregoing. Any rights not expressly granted herein are reserved by symmetRE. The symmetRE name and logos are trademarks and service marks of symmetRE (collectively the “symmetRE Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to symmetRE. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of symmetRE Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of symmetRE Trademarks will inure to our exclusive benefit.
Relief. You acknowledge that the breach or threatened breach of Paragraphs 6 and/or 7 would cause symmetRE serious and irreparable injury and damage and you further acknowledge that there is no adequate remedy at law for such violations and injunctive and/or equitable relief are appropriate remedies as provided hereunder. Accordingly, you agree and confirm that symmetRE, in addition to any other rights and remedies available to it at law or equity, shall be entitled to ex parte, preliminary or permanent orders issued by any court of competent jurisdiction against you and/or any related person, as the case may be, (a) restraining and enjoining any act which would constitute a threatened or actual violation or continued breach of the covenants contained in Paragraphs 6 and/or 7, and/or (b) compelling the performance of any obligation which, if not performed, would constitute a breach or threatened breach of the covenants contained herein. You hereby consent to the issuance of such injunction relief, without need of bond or showing of actual damages. If symmetRE shall institute any action or proceeding to enforce the provision hereof for injunctive relief, you hereby expressly and irrevocably waive any claim or defense therein that symmetRE has an adequate remedy at law, and that no alleged counterclaim, defense or offset shall affect or impair symmetRE’s right to injunctive relief or specific performance against you and any related person, as the case may be, in accordance with this Terms of Service.
Notice for Usage: Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Electronic Disclosures: Because symmetRE operates only on the Internet, it is necessary for you to consent to transact business with symmetRE online and electronically. As part of doing business with symmetRE therefore, we also need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms of Service, you agree to receive electronically all documents, communications, notices, contracts, and agreements (including any IRS Forms, including Form 1099 and Schedule K-1) arising from or relating to your use of the Site and Service, including any notes you have purchased, your use of this Service, and the servicing of any notes you have purchased as either an investor of symmetRE (each, a “Disclosure”), from us, whether we are acting in the capacity as trustee or otherwise, or Our Affiliates. An IRS Form refers to any Form 1099, Schedule K-1 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an “IRS Form”), provided that you consent to such electronic delivery, as more fully described in the subscription document(s) applicable to you.
Electronic Communications: Any Disclosures will be provided to you electronically through symmetRE’s portal on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to symmetRE at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS Forms provided electronically will remain accessible for twelve months following the end of the tax year to which the IRS Forms relate, or six months after the date of issuance of the IRS Forms, whichever is later; after that time the IRS Forms may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion, in which case we will provide you with paper copies.
Scope of Consent: Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and symmetRE or between you and Our Affiliates. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made, subject to any special rules regarding consent to electronic delivery of IRS Forms, as more fully described in the subscription document(s) applicable to you.
Consenting to Do Business Electronically: Before you decide to do business electronically with symmetRE, you should consider whether you have the required hardware and software capabilities described below. Hardware and Software Requirements: In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (three most recent versions of Google Chrome, Microsoft Edge or Firefox, Internet Explorer version 11 or higher, or Safari version 10 or higher); and hardware capable of running this software.
Withdrawing Consent: You may not withdraw your consent to receive Disclosures and transact business electronically as long as you have outstanding any investments made through the Site; provided, however, that you may withdraw consent to receive electronic delivery of IRS Forms, as more fully described in the Subscription document(s) applicable to you. If you have no outstanding investments made through the Site and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.
How to Contact symmetRE regarding Electronic Disclosures: You can contact symmetRE via email at [email protected]. You may also reach symmetRE in writing at the following address: symmetRE, Inc., 420 N Wabash Ave, Ste 510, Chicago, IL 60611 Attention: symmetRE. You will keep symmetRE informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify symmetRE of the change by sending an email to [email protected]. You also agree to update your registered residence address and telephone number on the Site if they change. You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.
Third Party Material: Under no circumstances will symmetRE be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that symmetRE does not pre-screen content, but that symmetRE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, symmetRE and its designees will have the right to remove any content that violates these Terms of Service or is deemed by symmetRE, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: With respect to the content, data or other materials you input or upload through the Service (collectively, “User Content”) or send to symmetRE directly through email or via any other channel, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant and will grant symmetRE and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, and the advertising, marketing and promotion thereof. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to symmetRE are non-confidential and symmetRE will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that symmetRE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of symmetRE, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites: The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. symmetRE has no control over such sites and resources and symmetRE is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that symmetRE will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that symmetRE is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release: You agree to release, indemnify and hold symmetRE and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SYMMETRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SYMMETRE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYMMETRE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYMMETRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SYMMETRE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SYMMETRE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND SYMMETRE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SYMMETRE AGREE OTHERWISE, A COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, A COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND A COURT MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- Pre-Suit Dispute Resolution: symmetRE is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, if you intend to pursue a claim against symmetRE, you must first send to symmetRE, by certified mail, a written Notice of Dispute (“Notice”) to its principal place of business (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If symmetRE and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or symmetRE may commence a lawsuit in accordance with these Terms of Service.
- Venue. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal or state court sitting in Chicago, Illinois, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by symmetRE.
- Waiver of Jury Trial: Both you and symmetRE, willingly and voluntarily, expressly hereby waive a trial by jury on all issues and claims of any kind or nature arising out of or in connection with this Terms of Service.
- Prevailing Party. The prevailing party in any litigation with respect to this agreement shall be entitled to recover its attorney’s fees and costs from the other party.
Termination: You agree that symmetRE, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if symmetRE believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. symmetRE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that symmetRE may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that symmetRE will not be liable to you or any third party for any termination of your access to the Service.
General: These Terms of Service constitute the entire agreement between you and symmetRE and govern your use of the Service, superseding any prior agreements between you and symmetRE with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The interpretation of the rights and obligations of the parties under these Terms of Service, including, to the extent applicable, any negotiations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Delaware. The parties expressly waive any application of the Uniform Computer Information Transactions Act (UCITA) or the U.N. Convention on Contracts for the International Sale of Goods with respect to the performance or interpretations of this Agreement. The failure of symmetRE to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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.
Severability: If any provision of this Terms of Service (or the application thereof to any person or any circumstance) is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect and/or contrary to any existing or future law, such invalidity, illegality, or unenforceability shall not affect the remainder of this Terms of Service or the application of such provisions to other persons or circumstances and the Terms of Service shall remain in full force and effect and shall be construed as if such invalid, illegal, or unenforceable provision (or part thereof) had not been contained in this Terms of Service, but only to the extent it is invalid, illegal, or unenforceable. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms of Service so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Miscellaneous: You may not assign this Terms of Service without the prior written consent of symmetRE, but symmetRE may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy: At symmetRE, we respect the privacy of our users. For details please see the Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Binding: You acknowledge and confirm that you have read and understand this Terms of Service, agree that this Terms of Service is a valid and legally binding obligation and is fully enforceable against you, and agree to be bound by its terms.