THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
The Website, including the services that the Company provides through and as a part of it, are offered and available ONLY to users who are (1) businesses that are qualified to do business in one or more of the States listed below (“Eligible States”) (such businesses being referred to herein as “Eligible Businesses”), or (2) individuals who warrant that they are 16 years of age or older, who have the right, authority and capacity to enter into this agreement and to comply with all terms and conditions of its use, and who are authorized to work in the United States (such individuals being referred to herein as “Eligible Workers”). ShiftNow is not responsible for any misrepresentations related to the user’s age and reserves the right to terminate the account of any user whom it believes provided false information on the platform. Eligible Businesses, after they are registered with the Company through the Website, are referred to herein as “Clients;” Eligible Workers, after they are registered with the Company through the Website (which registration requires acceptance by the Company in its sole discretion and which registration may be revoked at any time by the Company in its sole discretion for any or no reason), are referred to herein as “Shifters.”
By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements to be an Eligible Business or an Eligible Worker. If you do not meet all of these requirements, you must not access or use the Website.
Compliance with Applicable Laws
In addition, by using the Website, you (whether you are a Shifter or a Client) agree that, in using the Website and by entering and performing any engagement enabled by the Website, you will comply with all laws and regulations that may be applicable in the Eligible State in which such engagement is to be performed.
Eligible States as of the “Last Modified” date shown above are only the following:
- South Carolina
Shift Engagements: Entering, Performance, and Payment
Any Shift Engagement is solely between a Client and a Shifter. The Company is not a party to the Shift Engagement. ShiftNow provides a marketplace through its Website where persons who seek temporary work as independent contractors can communicate with persons or entities seeking to staff positions with independent contractors on a temporary basis. Any decision by a Client or Shifter to offer or accept an engagement is a decision made in the sole discretion of the Client or Shifter. YOU ACKNOWLEDGE THAT YOUR ABILITY TO ACCEPT ENGAGEMENTS THROUGH THE USE OF THE SHIFTNOW WEBSITE DOES NOT ESTABLISH SHIFTNOW AS A PROVIDER OF ENGAGEMENTS. AS NOTED ABOVE, EACH OF THE ENGAGEMENTS ENTERED INTO BETWEEN A CLIENT AND A SHIFTER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS OR ENTITIES.
For the compensation described below, the Company, through the Website or through third-party vendors, provides:
(1) a website marketplace where (a) Clients who need independent contractors for shift work and (b) Shifters who desire to undertake shift work as independent contractors can be introduced to and communicate with each other regarding engagements, and
(2) certain functions related to contract execution, record-keeping, Shifter compensation payment, and tax reporting.
Any Eligible Business that wishes to engage a Shifter as an independent contractor may become a Client by registering at app.shiftnow.com (also reachable through www.shiftnow.com). That registration includes establishing the necessary account and providing the necessary information to make payments and to receive informational reports through www.stripe.com (the “Stripe Payment Platform”), a third-party payment processing service that facilitates all transactions on the Website. A Client shall enter and may, from time to time, modify the required information related to its then-current need for Shifters, its input on its experience with individual Shifters, and other available input fields at app.shiftnow.com.
Any Eligible Worker who wishes to accept shift work for a Client as an independent contractor may become a Shifter by registering through the Shifter mobile app, available through both iOS and Android app stores. That registration includes establishing the necessary account and providing the necessary information to receive payments and informational reports through the Stripe Payment Platform. A Shifter shall enter and may, from time to time, modify the required information related to his or her work experience, payment account information, contact information, and other available input fields at the Shifter mobile app.
The Company will verify that each person appearing as a Shifter is not a bot or other non-human device or digital impersonator. Otherwise, the Company will not attempt to verify, and is not responsible for the currency, completeness or accuracy of, any information input by Clients or Shifters, including but not limited to eligibility to be a Client or Shifter or experience. Each Client is responsible for any further verification of Shifter information that the Client wishes.
Information input by Clients with regard to their then-current needs and terms of offered Shift Engagements will be provided to Shifters through the Company’s proprietary software (the “ShiftNow Platform”), which operates through and includes the Website. That information may include time, location, hourly pay rate or pre-arranged amount, anticipated duties, and any other requirement (for example, attire) that the Client may post related to the offered Shift Engagement. ShiftNow has no control over or involvement in the terms and conditions the Client may post. At no time is the Shifter under the direction or control of ShiftNow. The ShiftNow Platform may allow, but will not require, Clients to prioritize Shifters to receive such notices. The decision to prioritize Shifters is made solely by the Client.
A Shifter who wishes to accept an offered Shift Engagement will, through the ShiftNow Platform, apply for that Shift Engagement; and his or her application and input information regarding work experience, age, and other Shifter input fields will, through the ShiftNow Platform, be provided to the Client. Shifters set their own hours and terms of work by accepting shifts offered by the Clients, and may work as many or as few shifts as they desire. Shifters are under no obligation to accept an offered Shift Engagement. The decision to accept or decline a Shift Engagement is made solely by the Shifter. Shifters may select Shift Engagements with one Client or with many Clients and they may accept or decline offered compensation at their sole discretion.
After the Shift Engagement is voluntarily entered by the Shifter and the Client, the Stripe Payment Platform will transfer from the Client’s payment source to the Stripe Payment Platform, the amount of the Client’s payment obligation, which is (a) the Client’s hourly pay rate or fixed-fee/pre-arranged amount for the Shift Engagement being entered, times the number of hours for that Shift Engagement (the “Gross Shifter Compensation”), plus (b) the amount separately disclosed by the Company to the Client and agreed to by the Client in connection with the Shift Engagement (the “Company Compensation”), plus (c) the amount of the Stripe Payment Platform compensation relevant to the Shift Engagement (the “Stripe Compensation”). Upon transfer from the Client’s payment source, the amount of the Gross Shifter Compensation and the Company Compensation will be credited to the account of the Company on the Stripe Payment Platform; and the Stripe Compensation will become the earned income and property of Stripe.
After the Client and Shifter enter into a Shift Engagement, either the Client or the Shifter can cancel the Shift Engagement by notice through the Shift Platform, which will automatically notify the other party. If a Shifter cancels the Shift, it will impact the Shifter's Reliability %, which is a measure of how many shifts a Shifter has canceled versus completed. The more shifts a Shifter completes, the higher the Reliability %, which the Client can consider in selecting a Shifter to fill a shift. If the Client cancels the shift it will not affect the Shifter’s Reliability %.
Reported Violent or Threatening Shifter Behavior
If a Shifter exhibits aggressive, threatening, or violent behavior towards a shiftNOW Client, employees at a Client location, customers or third-parties at a Client location, or shiftNOW employees, the Shifter’s account will be permanently suspended.
Low Shifter Reliability % Policy
Every new Shifter on the shiftNOW Platform starts out with a 5-star rating and a 100% Shifter Reliability %. The Shifter’s Reliability % indicates to businesses on the shiftNOW Platform how reliable you are as a shift worker. Your Shifter’s Reliability % will decrease if you cancel your Shift Engagement, fail to show up for a confirmed Shift Engagement without canceling, or fail to confirm the Shift Engagement by the confirmation deadline.
In the event that your Shifter Reliability % drops below 60% after you have been accepted or confirmed to at least five shift engagements, your access to the shiftNOW Platform will be suspended indefinitely. We will notify you of such termination via the most recent email address you have provided to us.
In addition, all existing applications for Shift Engagements will be automatically withdrawn and all other confirmed Shift Engagements will be canceled. The Shifter may dispute any indefinite suspension by emailing firstname.lastname@example.org and providing a valid reason.
Shifter Failure to Confirm Shift Policy
An accepted Shifter must confirm their Shift Engagement with the Client by a confirmation deadline. The shiftNOW Platform sends the Shifter a notification to confirm. Failure to confirm the Shift Engagement by the confirmation deadline results in a decrease in the Shifter’s Reliability % and a seven (7) day temporary, limited suspension of the Shifter’s access to the shiftNOW Platform.
Shifter Cancellation Policies
If the Shifter cancels a confirmed Shift Engagement with the Client more than 24 hours before the scheduled start time, their Shifter's Reliability % will decrease.
If the Shifter cancels a confirmed Shift Engagement with the Client less than 24 hours but more than 6 hours before the scheduled start time, the Shifter's Reliability % will decrease. A Shifter canceling a confirmed Shift Engagement with the Client less than 24 hours but more than 6 hours results in a seven (7) day temporary, limited suspension of the Shifter’s access to the ShiftNOW Platform.
If the Shifter cancels a confirmed Shift Engagement with the Client less than 6 hours before the scheduled start time, the Shifter's Reliability % will decrease. A Shifter canceling a confirmed Shift Engagement with the Client less than 6 hours before the scheduled start time results in a fourteen (14) day temporary, limited suspension of the Shifter’s access to the ShiftNOW Platform. In addition to the fourteen-day temporary, limited suspension of access to the ShiftNow Platform, all existing applications for Shift Engagements are automatically withdrawn and all other confirmed Shift Engagements are canceled.
Canceling After Shift Start and No-Show Policies
If the Shifter cancels a confirmed Shift Engagement with the Client after the scheduled start time, or fails to show up for a confirmed Shift Engagement without canceling, the Shifter's Reliability % will decrease.
The first offense of a Shifter canceling after the scheduled start time, or failure to show up for a confirmed Shift Engagement without canceling results in a thirty (30) day temporary, limited suspension of the Shifter’s access to the ShiftNOW Platform.
In addition to the thirty-day temporary, limited suspension of access to the ShiftNow Platform, all existing applications for Shift Engagements are automatically withdrawn and all other confirmed Shift Engagements are canceled.
The second offense of a Shifter canceling after the scheduled start time, or failure to show up for a confirmed Shift Engagement without canceling results in an indefinite suspension of the Shifter’s access to the ShiftNOW Platform.
In addition to the indefinite suspension of access to the ShiftNow Platform, all existing applications for Shift Engagements are automatically withdrawn and all other confirmed Shift Engagements are canceled. To appeal reach out to email@example.com
1st Shift Late-Cancel and No-Show Policies
If the Shifter cancels a confirmed Shift Engagement with the Client after the scheduled start time, or fails to show up for a confirmed Shift Engagement without canceling on their first shift, the Shifter's Reliability % will decrease.
A Shifter canceling after the scheduled start time, or failure to show up for a confirmed Shift Engagement without canceling on their first shift results in an indefinite suspension of the Shifter’s access to the ShiftNOW Platform, and they will remain suspended until they appeal to firstname.lastname@example.org
Client Shift Cancellation Policy
If the Client cancels a Shift Engagement less than 24 hours before the Shift Engagement begins, the Shifter will be entitled to payment by the Client for the scheduled shift, subject to the same Shift Dispute Process described below.
Clients Payout Shifters
Upon the Shift Engagement’s scheduled end time, the Client will be able, through the ShiftNow Platform, to approve payment to the Shifter. Upon the Client’s approval, the payment will be effected by the Stripe Payment Platform in the manner described below. If the Client fails to approve the payment within 72 hours of Shift Engagement’s scheduled end time, the Shifter may then, by email to email@example.com, initiate the Shift Dispute Process set out below. If the Shifter does not initiate the Shift Dispute Process by 5:00 p.m. Eastern time of the fifth (5th) business day following the Shift Engagement’s scheduled end time, the Shift Engagement is cancelled and no amount will be due to the Shifter thereafter for that Shift Engagement.
Shifter Referral Program
A Shifter may refer a friend to the ShiftNOW Platform as a Shifter. To refer someone, the referring Shifter’s account must not be currently suspended or in suspension review. A Shifter may refer a friend within the mobile app by clicking the “Refer a Friend” item on the Shifter profile. The ShiftNOW Platform generates a unique referral code . The referring Shifter may copy the referral code and share directly with a friend. The referring Shifter may share a single referral code with multiple people. A referral code will remain active indefinitely unless de-activated by ShiftNOW.
All referrals are intended for new Shifters. When a referring Shifter refers a friend, the friend’s account creation date must be after the date on which the referral code was generated. All referred Shifters must be Eligible Workers and cannot be existing Shifters. A Client user is ineligible to be referred.
In order to receive the referral bonus, the referred friend must complete the following steps:
- Download the ShiftNOW mobile app
- Create their Shifter account
- Complete their Shifter profile
- Become a verified Shifter
- Complete at least one shift through ShiftNOW
- Remain in good standing for 24 hours after the completion of their first shift
Before either party can receive payment, the referred Shifter’s account must remain in good standing for 24 hours after completing their first shift. If the referred Shifter’s account gets suspended or goes into suspension review, neither party will be paid the referral bonus.
The shiftNOW referral bonus is $20 per referral. Referred and referring Shifters are each paid $20 following the completion of the referred Shifter's first shift, contingent upon the above criteria being met.
Occupational Accident Insurance Coverage
When payment is to be effected, the amount of the Gross Shifter Amount (minus an amount to cover the cost of Occupational Accident Insurance coverage for the Shift Engagement (the “OAI Amount”), described below) will be transferred by the Stripe Payment Platform from the Company’s Stripe Payment Platform account to the account for receipt of payments that the Shifter has designated to the Stripe Payment Platform in the manner and according to the schedule established by the Stripe Payment Platform for processing payments; and the amount of the Company Compensation plus the OAI Amount will be transferred by the Stripe Payment Platform to the account for receipt of payments that the Company has designated to the Stripe Payment Platform, also in the manner and according to the schedule established by the Stripe Payment Platform for processing payments.
By using the shiftNOW Platform, the Shifter authorizes shiftNOW to deduct the OAI Amount from their Gross Shifter Amount paid by the client to cover the cost of premiums for Occupational Accident Insurance coverage (“OAI Coverage”) for the Shift Engagement. The OAI Amount will be a dollar amount (set and re-set from time to time) per hour for each hour of the Shift Engagement; and that dollar amount will be communicated to Shifters from time to time through the shiftNow Platform. OAI Coverage is mandatory for each Shift Engagement.
The Shifter is Responsible for Any Tax Obligations
The only amounts withheld from any payment to a Shifter will be the Admin Amount and the OAI Amount. No amount will be withheld from payments to the Shifter for any tax or other legal obligation. All such tax payment obligations are the responsibility solely of the Shifter. The Shifter is also responsible for providing all W-9 information. On a periodic basis as may be required by the Internal Revenue Service (“IRS”), the Stripe Payment Platform will provide to the Shifter and to the IRS and to the Company the appropriate IRS 1099 Forms showing the amount of the Gross Shifter Compensation (including the Admin Amount and the OAI Amount) for the Shifter in the relevant period. Notwithstanding that, it is the responsibility of the Shifter to file all relevant tax forms related to their work as an independent contractor through the ShiftNow Website, including but not limited to 1099 filings.
ShiftNOW Does Not Facilitate Tips
Following a Shift Engagement, Clients may elect to tip Shifters by way of a direct cash payout. ShiftNow has no involvement with and does not facilitate the delivery of tips provided by Clients to Shifters. Shifters are free to accept tips associated with their Shift Engagements.
The Company and the Stripe Payment Platform are not affiliated in any way; and the Company does not control or enforce, and is not responsible for, either the contents of those terms and that policy or compliance with and adherence to them.
BY ENTERING A SHIFT ENGAGEMENT THROUGH THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE AND/OR LEGALLY QUALIFIED TO ENTER INTO THE SHIFT ENGAGEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS WITH REGARD TO THE USE OF THE WEBSITE FOR THAT PURPOSE.
A Client or Shifter may access records of pending or completed Shift Engagements through the Stripe Payment Platform in accordance with the Stripe Payment Platform’s data retention policy. See https://support.stripe.com/questions/data-retention-policy and https://support.stripe.com/questions/stripe-event-retention-period.
Shift Dispute Process
If a Shifter timely initiates the Shift Dispute Process, the Company will determine by 5:00 p.m. Eastern time of the tenth (10th) business day following receipt of the initiation the outcome of the dispute. The Admin Amount, the OAI Amount and the Company Compensation will be based on the actual amount paid to the Shifter. Any amount not paid to the Shifter or retained by the Company as an Admin Amount, an OAI Amount or Company Compensation as a result of the Shift Dispute Process or as a result of the failure by a Shifter to initiate the Shift Dispute Process will be returned to the Client. The determination by the Company will be final; and neither the Client nor the Shifter shall have any further recourse against the other or against the Company with respect to that determination.
Independent Contractor Status
Shifter represents that he or she possesses all required licenses, certifications, approvals and authority necessary to perform work as an independent contractor for any Client with whom he or she enters a Shift Engagement.
Clients and Shifters expressly acknowledge and agree that the Company does not maintain worker’s compensation insurance to cover occupational injuries suffered during work performed by Shifters for Clients. Shifters and/or Clients are solely responsible for procuring any disability or other insurance desired beyond the OAI Coverage.
Accessing the Website and Account Security
Company reserves the right to withdraw or amend the Website, and any service or material it provides on the Website, in its sole discretion without notice; provided, however, that any such service provided for the performance of Shift Engagement will not be withdrawn or amended with respect to that Shift Engagement without not less than ten (10) business days’ notice to the Client and the Shifter of that withdrawal or amendment. Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of the Website, or the entire Website, to Clients and Shifters.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify ShiftNow immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You are encouraged to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website 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 the Company, 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.
- 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 or download copies of records related to Shift Engagements to which you are a party, including but not limited to the terms of the Shift Engagement, records of performance and payment, and records of tax-reporting.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use as described above, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes, other than the entering into and performing of Shift Engagements to which you are a party, any part of the Website or any services or materials available through the Website.
Trademarks: Yours and Ours
The Company name and the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
All other names, logos, product and service names, designs, and slogans on the Website, including but not limited to those related to Stripe, Inc., and the Stripe Payment Platform, are the trademarks of their respective owners. Use of the ShiftNOW Platform by a Client constitutes permission by that Client to the Company to identify that Client as a Client on both the www.shiftnow.com website and the associated mobile device “ShiftNOW” application. Display by a Client of its logo or trademark in connection with its postings for a Shift Engagement on the ShiftNow Platform constitutes permission by that Client to the Company to display that trademark or logo on both the www.shiftnow.com website and the associated mobile device “ShiftNOW” application in connection with the Company’s identification of that Client as a Client. From time to time, the Company may request testimonials from Clients for use on the www.shiftnow.com website and, after receiving such testimonials and approval by the Client for its use, may display such testimonials on the www.shiftnow.com website.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). In particular, you may not use the Website to enter Shift Engagements the performance of which would be unlawful in the jurisdiction where it is to be performed.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to learn the existence of, terms of, or parties to any Shift Engagement to which you are not a party.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain or transmit materials posted by a Client or Shifter that may include but is not limited to Shift Engagement offerings, review features, and personal profiles (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through, or providing information to us through, the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, ANY SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
ShiftNow does not, however, undertake to review all material before it is posted on the Website or distributed to Clients or Shifters in connection with the services offered through the Website, and cannot ensure prompt removal of objectionable material after it has been posted or distributed. Accordingly, ShiftNow assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. ShiftNow has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable as determined by ShiftNow.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other protected class.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Act in a manner that would cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, send us a notice of copyright infringement via email at firstname.lastname@example.org, and include “COPYRIGHT INFRINGEMENT NOTICE” in the subject line. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. ShiftNow does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. ShiftNow disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website and communications made as part of the services offered through the Website includes content provided by third parties, including Clients and Shifters. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company about itself and its services, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company; and the Company does not verify their accuracy or completeness. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
shiftNow may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You must not, however, establish a link from any website that is not owned by you or link to any part of the Website other than the homepage
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. ShiftNow has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of South Carolina in the United States. The Company provides the Website for use only by persons located in the Eligible States identified above. The Company makes no claims that the Website or any of its content is accessible or appropriate outside of those Eligible States. Access to the Website may not be legal by certain persons or in jurisdictions other than the Eligible States. If you access the Website from outside the Eligible States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that shiftNow cannot and does not guarantee or warrant that files available for downloading from the internet or the Website 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 our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, SHIFTNOW 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 THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, 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, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AND THE COMPANY EACH HEREBY WAIVE ANY RIGHT TO BRING ANY SUCH CLAIM OR DISPUTE IN ANY COURT OF LAW OR EQUITY AND WAIVE ANY RIGHT OF TRIAL BY JURY THEREFOR AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
- The arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 USD (excluding interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 USD (excluding interest, attorneys’ fees and arbitration fees and costs), and in other cases where the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply.
- The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- The arbitrator may award reasonable fees to either party under the standards for fee shifting provided by law.
- YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. NEITHER THE AMERICAN ARBITRATION ASSOCIATION NOR THE ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
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