The following terms of service (the “TOS”) form a binding agreement between Shifton Inc (hereinafter “Shifton Inc”, “We’, “Our” and “Us”) and You, a user of this site, and govern Your use of our Services (defined as our Software, Provided Content and other content available by or at the direction of Shifton Inc facilitated through our website located at https://shifton.eu, as well as Your use of mobile Shifton Inc Application and other Provided Content (as defined below) owned or operated by or on behalf of us (“Services” or “Site”) for the purpose of You submitting content to be analyzed, collected, archived and processed for the benefit of the user, guided by and for the purpose of the service, to and by Shifton Inc, and for other purposes permitted by Shifton Inc (“Analyze” or “Analysis”) as well as for the purpose of You creating personal statistics, enumerations, results and information through and by testing, results and recommendations by Shifton Inc (“Content”). By using any of the Service, you consent that Shifton Inc can collect, use, disclose, transfer and store information relating to and collected from you as set forth in this Privacy Policy. We ask that you confirm such consent by checking a box when you create an account after December 17, 2019, and otherwise from time to time as determined by Shifton Inc in its sole discretion.
PLEASE READ OUR ToS CAREFULLY BEFORE USING ANY OF OUR SERVICES. Our Terms of Service and Privacy Policy explains what information we collect, how we use it and who we share it with. We strive to make Shifton Inc Terms of Service readable and have tried to provide explanations for the more unusual legal terms. If You have terminology questions not covered here, Law.com glossary may help, though we cannot vouch for the accuracy of outside sources, including those referenced in the ToS.
This policy was created because of the European Community’s 2018 privacy regulations, and pursuant to US privacy laws and regulations, to answer the following questions:
By using the Services, including by creating an account and/or submitting an image or other data, You are agreeing to our TOS; in order to provide You with information, accept and process Your Content and/or an order, analyze Your Content and make recommendations and/or provided any analysis to You, we have to process certain data and information including Personal Data that we collect from our Users, and that each User inputs. In order to operate the site, and prevent technical issues and breaches, we need to process (e.g. collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes Your username, Your email address, Your IP information and any personally identifying information You enter on the Service, including information that You put into Your profile, such as Your email address, any image, video or photograph that You submit or provide to Shifton Inc, your name, age, gender and other Content that You may submit to, on or through the Service.
By using Shifton Inc, You consent to our collection, processing, retention and display of Your Personal Data as set forth and explained in these Terms of Use and Privacy Policy, so we can maintain the integrity of the Service, the Software (defined as any app, website or other program accessible through or via Shifton Inc or at its direction) and the content that we host; provide You with the content that You are seeking; minimize spam; alert You of new products or services, features, or enhancements; handle Your questions or issues; administer promotions, contests and sweepstakes; display relevant marketing to You; provide You with software and application updates and upgrades; to combat fraud and abuse; notify You of promotions, updates, or special offers from collaborators or other third parties that we think may interest You; to preserve the integrity of the Service; when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process, or when we have a good faith belief that doing so will help prevent imminent harm to someone; and for various legal and accounting/audit reasons. We also use information that You provide and that We collect, in the aggregate to understand how our users as a group use the services and resources provided on our Services Additional terms and conditions may apply when You access information created by or for Shifton Inc via an affiliate services or third-party, including but not limited to Facebook, Twitter, YouTube, Tumblr, Yahoo, Google, Amazon and more, and which are hereby made a part of our TOS and are expressly incorporated herein by this reference; You only agree to the terms of and/or regarding third party sites if You use or access information on or via those sites or services.
If You submit information to Shifton Inc for purposes of seeking employment with Shifton Inc as an employee or contractor, Shifton Inc reserves the right – but does not have a duty – to retain it in the manner in which Shifton Inc retain similar business records, and reserve the right to use such information for purposes of determining Your suitability for the position You seek and any retention in and/or promotions therefrom.
If You do not agree to any aspect of our TOS, You must discontinue use of our Services, delete the app and cease accessing the website. You should print or otherwise save a copy of our TOS for Your records.
You acknowledge that our TOS is supported by good and valuable consideration including but not limited to Your use of the Services and receipt of data, materials and information available at or through the Services. If You order/request any Shifton Inc Services including analysis, You are entering into a contract with Shifton Inc, where You are requesting the analysis and other Services and information, and may opt to pay fees for such Services; as part of this contractual relationship, You affirm our right to collect, use, process and retain any information or data that You submit to us, including Personal Data and/or data that falls into the definition of Specific Categories of Personal Data, pursuant to the terms set forth in Shifton Inc Privacy Policy.
We may update or change our TOS from time to time and recommend that You review our TOS on a regular basis. The most current version of our TOS may be viewed at https://shifton.eu/en/terms If We make a change to our TOS, the revised version of our TOS will be posted on our Website, and We reserve the right to send notification of such change to any email address submitted to Shifton Inc by You; Because this information is important to Your interaction Shifton Inc and Your use of the Services, You may not opt out of receiving these communications. You understand and agree that Your continued use of our Services after our TOS have changed constitutes Your acceptance of our TOS as revised.
You have come to Shifton Inc to obtain Shifton Inc Services for Yourself; in order to provide You with our Shifton Inc Services, You have to provide us with certain information, and to provide You with said Services, we collect and retain certain information about You as well:
You may be asked to provide us with a credit card number from a card issuer, or other payment information that we accept, in order to activate and/or pay for any fees related to the Service. If we do so, we may seek pre-authorization of Your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover Your purchase, order, fee or subscription. These pre-authorizations would reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement.
If at any point Shifton Inc collects credit card billing information from You, said data will be transferred using techniques considered commonplace and “industry standard” by our processing partner(s); any data that we use, store, process or retain will be handled pursuant to our Privacy Policy and payment/credit card information will be treated as ephemeral data by Shifton Inc and will solely be processed and, if applicable, stored by our partner(s) in use at the time of the transaction.
All payments must be made via Approved Payment Sources and/or other payment services that may be added from time to time by Shifton Inc via Payment Portal or similar means. Your card issuer agreement governs Your use of Your designated card, and You must refer to that agreement and not this Terms of Use to determine Your rights and liabilities as a cardholder. YOU, AND NOT Shifton Inc, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If We do not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon request or demand by Shifton Inc or its agents.
Shifton Inc shall have the right to refuse or cancel any orders placed for products, subscriptions and/or Services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Shifton Inc shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, Shifton Inc agree to promptly issue a credit to Your credit card account in the amount of the charge, or process the refund pursuant to the refund process set forth by the payment method used by the purchaser, irrespective of payment method.
Unless prohibited by law, in the event that Shifton Inc is found responsible for any error in Your order or the amount You were charged, You are entitled to a credit, provided it is brought to our attention within 30 days of Your order date. If You do not raise the issue within 30 days of Your order date or the date on which You were billed for a subscription, You waive the ability to receive a credit for any error.
Content and information on the Shifton Inc website and any Shifton Inc app, as well as on the third-party sites used by Shifton Inc to provide You with information, special deals and news, is owned by a wide range of parties, including Shifton Inc, users who submit content like photos, and third parties who may promote goods or services on or through the site (the “Provided Content”). The Provided Content is protected by copyright, trademark, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Shifton Inc grants You a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials including Provided Content, for personal reasons solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement including sharing such Content with any health care provider or intaker, or any related service provider. Any other use of the Provided Content is prohibited. With regard to Provided Content that is either (a) owned by Shifton Inc or (b) hosted by Shifton Inc, Shifton Inc grants its users a license to use such Provided Content for personal and/or non-commercial purposes or pursuant to Fair Use on social media, in texts, on blog posts and on third party networks, sites, systems and social media.
Nothing contained on the Sites should be interpreted as granting to You any broader commercial license to use any of the Provided Content and/or third-party proprietary content on the Sites without the express written permission of Shifton Inc or the appropriate third-party owner, as applicable.
If You download any software or machine-readable Provided Content from Shifton Inc, You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Shifton Inc reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or Services offered on or through the Sites (or any part thereof), including but not limited to the Sites’ features, look and feel, and functional elements and related services.
The Provided Content provided by You to Shifton Inc, as well as any analysis undertaken by Shifton Inc or content provided by Shifton Inc is for research, informational, and educational use only. You acknowledge that You acquire no rights in any research or commercial products that may be developed by Shifton Inc or its partners, and that You will not receive compensation for any research or commercial products that include or result from Your Provided Content. While certain of our analysis processes have not been clinically validated, and the technology we use, which is the same technology used by the research community, has not been widely used for clinical testing, and to promote and support research projects, we ask all Shifton Inc users to participate in research projects and processes with and through Shifton Inc. Participation in such research is limited to data submitted in connection with use of this website and Shifton Inc ™ App, including, but not limited to, data generated by Your testing results, general operation of the Application, data relevant to “mask” development and face recognition analysis. Shifton Inc Services are only for informational and educational purposes such as research, as well as entertainment purposes.
The Services are not intended to be used by You for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of Your physician or other health care provider with any questions You may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical issue, condition, impairment, change or development, or the status of Your health.
Shifton Inc does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. Any analysis or information that is provided to You is strictly and solely for informational, research and/or entertainment purposes, and for You to discuss with Your healthcare providers. We strongly recommend discussing any questions that You have with Your trained physician or other health care provider, as they have access to many factors, including the data collected by Shifton Inc if You provide it to them, as well as Your current symptoms, if any, and historical personal data about Your health and family history. Shifton Inc accepts no responsibility for any actions You take or decisions You make because of any reliance by You on any information provided by Shifton Inc, Shifton Inc employees or contractors, or other visitors to or users of the Shifton Inc Services, and such actions and/or decisions are solely at Your own risk.
Shifton Inc is not licensed by state, federal, or international authorities for testing conducted for health and disease-related purposes. We may opt not to offer certain Services in Your jurisdiction where we do not have required licenses.
When You accept our TOS, and/or download our application and/or complete our sign-up process, You become a Shifton Inc account holder and we will create an Account Number, so we can organize the data that we collect about Your Member Account to provide You with requested analysis and other Services. In order to create Your Member Account, You will be required to select a password. Please choose a strong password and do not reveal Your password to others. You agree that You are responsible for keeping Your password confidential and secure, and further understand that You are solely responsible and liable for any activities that occur under Your Member Account. If You suspect or become aware of any unauthorized use of Your Member Account, please contact us. You should not share Your Member Account and/or password details with another person.
By accessing the Sites, You agree:
You shall not upload to, email to, distribute or otherwise publish through, or share with or through the Service any Content which is deemed by Shifton Inc, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by Shifton Inc in its sole discretion to be advertising or “spam”.
If You send or post comments, images or videos (the “User Submission”) on, to or at any page or site hosted, managed or controlled by Shifton Inc including the Site, and any of Shifton Inc Social Media pages, including Facebook, Instagram and Twitter, or if You directly communicate with Shifton Inc via email, a comment form on Facebook, Twitter, or on Instagram, Tumblr or another social media service including by tagging Shifton Inc, You grant Shifton Inc a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the universe in any media that currently exists and/or shall later be created (the “Submissions License”). You also grant Shifton Inc the right to include and/or use the user name and/or email address that You submit with Your User Submission, if any, in connection with such User Submission, whether on the Service or in any other media, and that no additional consideration or credit needs to be provided to You by Shifton Inc and/or any licensee thereof. If You believe that a user has violated the terms of these Terms of Use, it is not Your responsibility to call them out on it publicly; instead, please contact Shifton Inc. Shifton Inc shall have the right (but not the obligation) in its sole discretion to refuse or move any User Submission and/or block access by the public to any User Submission that violates the TOS or is otherwise deemed objectionable in Shifton Inc’s sole discretion. You acknowledge that Shifton Inc are not obligated to pre-screen User Submissions and may not review User Submissions for purposes of compliance with the TOS or any other policy. Although we try to maintain a safe environment on our social media platforms and the Services, we are not responsible for the posts of any user and disclaim any liability for such posts. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT POSTED ON ANY OF SHIFTON INC PLATFORMS OR ANY PLATFORM OR SERVICE ON WHICH SHIFTON INC POSTS, SHARES, DISTRIBUTES OR HOSTS CONTENT.
No User Submission shall include any material which is deemed by Shifton Inc, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by Shifton Inc in its sole discretion to be “spam” or unauthorized advertising. You acknowledge that by using the Service, You may be exposed to material that is offensive, indecent or objectionable, and You affirm that Shifton Inc has no responsibility therefor.
You recognize that some content on this site, including all User Submissions and Provided Content, represents the viewpoints and/or opinions of the individual who has created such content, and is not endorsed by this site in any way. Shifton Inc do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any third party including any user, information provider or any other person or entity. You acknowledge that any except as otherwise provided herein regarding pricing, any material You download, view, or otherwise access through the Service is at Your own risk, and You will be solely responsible for any damage or loss of data that results from the download of any such material.
By transmitting a User Submission or Provided Content, You represent and warrant that the Content and Your communication thereof conform to our TOS and that You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Submission in all manners contemplated by these Terms of Service (including the Submissions License). If such rights are not assigned to us, Your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not Your User Submissions are used by us. You hereby appoint us as Your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. You agree that any User Submission You make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and us in any way, and that You have no expectation of any review, compensation or consideration of any type.
You understand that the technical processing and transmission of the Site, including Your Content contained therein, may involve transmissions over various networks, and may require changes to Your Content in order to conform and adapt to the technical requirements of connecting networks or devices. You understand and acknowledge that such transmission will involve servers in the United States and you assent to such transmission of Content outside your country of residence and/or citizenship.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers You may make with respect to Submissions, and to the extent allowed by applicable law, You hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by You with respect to Submissions submitted by You to us.
You agree to indemnify and hold harmless Shifton Inc and its officers, directors, employees, agents and affiliates, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) Your User Submission; (b) Your misuse of the Website, Software or Services; (c) Your violation of this Agreement; (d) a claim, which if true, would constitute a violation by You of Your representations and warranties; (e) a claim alleging Your negligence or willful misconduct related to the Site or Your User Submission; (e) Your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, You agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses, and You may not settle any claim without the prior written consent of Shifton Inc, which shall not be unreasonably withheld. This provision does not require You to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Website, Software and/or Services. You agree that Shifton Inc shall not be liable to You or any third-party for any termination of or limitation on Your access to the Services.
Customers making purchasers will receive email, pop-up or textual (including SMS) alerts about Shifton Inc news, reminders to complete a test, Services and/or processes if You have the Shifton Inc App installed on Your mobile device or computer. Additionally, You may receive additional emails following receipt of an analysis soliciting feedback relating to that order or service, or providing recommendations and news to You based on prior orders and other interactions with Shifton Inc and with our partners and service providers.
Third-Party Websites, Applications and Advertisements. The Website and the Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for our other partners (“Third-Party Advertisements”) for third parties (collectively and individually, “Third-Party Content”). When You click on a link to Third Party Content, the Company will not warn You that You have left the Company’s Website or Services and will not warn You that You are subject to the terms and conditions (including privacy policies) of another entity. Such Third-Party Content is not under the control of the Company. The Company is not responsible for any Third-Party Content.
App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which You received the Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that this Agreement is between You and Shifton Inc and not with the App Store. Shifton Inc, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the Provided Content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services and any refund requested shall be granted at Shifton Inc sole discretion. You agree to comply with, and Your license to use the Application is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them. Ad Servers and Third-Party Hosted Content: Shifton Inc may include advertisements and content served and/or hosted by third-party providers, and reserves the right to share personally identifying information with Shifton Inc ad partners and business partners, as well as designees, advertisers, marketing firms and related third parties, for purposes of site/Service integrity and so we can provide You with information, data and/or Content that we believe You will be interested in.
Some of the content and/or works that You see displayed at the Sites is created or approved by Shifton Inc, but is not hosted on the Sites. Such embedded content can include videos, tweets, articles, research opportunities, images that are hosted by third-party sites, or audio files (“Embedded Content”) such as Tweets from Shifton Inc, or YouTube videos uploaded by Shifton Inc or our partners. If You access a page that includes Embedded Content, the content file may share data with the hosted site as if You were on or at the hosted site including in the form of cookies. Embedded Content is not governed by our Privacy Policy, and instead is covered by the Terms of Use and/or Privacy Policy of the service that hosts the Embedded Content.
With respect to cookies: we use cookies to store visitor preferences and certain identifiers, customize Web page content based on visitors’ browser type or other information that the visitor sends, and record past activity at a site in order to provide better service when visitors return to our site.
Shifton Inc may, at a future time, use customer information for new, unanticipated uses not previously disclosed in our privacy notice. Shifton Inc reserve the right to communicate with its users via communications methods provided by each or any user.
If You request that Shifton Inc send information to a third party, such as a friend, Shifton Inc may utilize the contact data provided by You to forward information to said third party, and may retain said contact data as long as we feel appropriate.
The Company’s Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, analysis failures, or other economic damage resulting from such problems. You acknowledge that access to the Service may involve third party fees (such as Internet service provider, mobile data fees or airtime charges). You are responsible for applicable fees, including those fees associated with the display or analysis of advertisements, if applicable.
In addition, You must provide and are responsible for all equipment necessary to access Shifton Inc in any medium or via any service.
Shifton Inc respects the intellectual property of others, and We ask all of our users to do the same. If You believe that Your copyrighted work has been copied and is accessible on the Sites or a website through which our Services may be accessed in a way that constitutes copyright infringement, please provide our Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
Please send this notification to our copyright agent at:
ATTN: Legal Dept.
IN NO EVENT SHALL SHIFTON INC BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF SHIFTON INC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. SHIFTON INC ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR APP. SHIFTON INC ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. IN NO EVENT SHALL SHIFTON INC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED THE AMOUNT PAID BY YOU TO SHIFTON INC OR A MERCHANT, IF ANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AND SHIFTON INC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND SHIFTON INC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS OF THIS PRIVACY POLICY AND THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LIMITATIONS ON DAMAGES AND MANDATORY MEDIATION OF DISPUTES. YOU AGREE THAT OUR LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY IS LIMITED TO THE SUM OF $100, BUT ONLY TO THE EXTENT THAT SUCH CLAIM IS NOT OTHERWISE BARRED BY THE AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, SERVICE AND SHIFTON INC APP, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS AGREEMENT.
You acknowledge and agree that Your access to and/or use of the Sites, the Materials, Provided Content and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. User agrees to jurisdiction any court of competent jurisdiction in Broward County.
Arbitration
You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to Your use of the Sites, the Materials and/or other content on the Sites, shall be submitted exclusively to binding arbitration. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that You and Shifton Inc are each waiving the right to a trial by jury. You further acknowledge and agree that You waive Your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Shifton Inc otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use. 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 including the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitrator Powers
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The Arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on You and the Company.
At its sole discretion, Shifton Inc may modify or discontinue the Services, or may modify, suspend or terminate Your access to the Software or the Services, for any reason, with or without notice to You and without liability to You or any third party. In addition to suspending or terminating Your access to the Software or the Service, The Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after Your right to use the Software is terminated, this Agreement will remain enforceable against You. You may terminate this Agreement at any time by ceasing all use of the Software and Services. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Licenses, Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.
Our TOS and Our Privacy Policy collectively constitute the entire agreement between You and Shifton Inc, govern Your use of the Services and completely replace any prior agreements between You and Shifton Inc in relation to the Services. You may also be subject to additional terms and conditions that may apply when You use affiliate services, third-party content, or third-party software. If any part of our TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The delay or failure of Shifton Inc to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, 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 this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
To use and/or register for our Services You must be: (a) of legal age to form a binding contract with us, (b) not an Age-Barred Individual which is over the age of 18; and (c) not barred from receiving our Services under the laws of the United States or other applicable jurisdictions. Shifton Inc reserves the right to refuse service and refund any monies paid in such circumstances at their sole discretion.
Contact Information
Shifton Inc welcomes Your questions or comments regarding the Terms:
Email Address: [email protected]