ShiftNow.com Website Terms of Use

Last Modified: November 1, 2022

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. THESE TERMS AND THE ACCOMPANYING PRIVACY POLICY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 


Acceptance of the Terms of Use

These terms of use are entered into by and between you and ShiftNow, Inc., a corporation organized under the laws of the State of South Carolina (“Company,” “we,” or “us”). The following terms and conditions and any documents they expressly incorporate by reference (together, the “Terms of Use”) govern your access to and use of www.shiftnow.com, including any content, functionality, and services offered on or through www.shiftnow.com or the associated mobile device “ShiftNOW” application (collectively, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.shiftnow.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

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 are 18 years of age or older and who possess a valid Social Security number or proof of employment authorization in the United States (such individuals being referred to herein as “Eligible Workers”). 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 Employment and Other 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 applicable laws and regulations applicable in the Eligible State in which such engagement is to be performed, including without limitation all laws and regulations concerning discrimination or harassment in employment or concerning workplace safety.

Eligible States

Eligible States as of the “Last Modified” date shown above are only the following:
Georgia
South Carolina


Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in “Governing Law and Jurisdiction” below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you. 

Notwithstanding the foregoing, the terms of time, location, hourly pay rate, duties, attire, and any other term specified by a Client that does not contradict these Terms of Use in a listing of an engagement between a Client and a Shifter that is processed through the Website constitute a separate and independent contract (a “Shift Engagement”) between that Client and that Shifter and, once agreed to between them, those terms to that Shift Engagement are not affected by changes to the Website.

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.

For the compensation described below, the Company, through the Website or through third-party vendors, provides:

(1) the service of introducing to each other (a) Clients who need independent contractors for shift work and (b) Shifters who desire to undertake shift work as independent contractors, and 

(2) certain functions related to contract execution, record-keeping, occupational accident or workers’ compensation insurance (“OAI/WC”) acquisition and premium payment, 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 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 Individual who wishes to accept shift work as an independent contractor for a Client may become a Shifter by registering at 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 not attempt to verify, and is not responsible for the currency or accuracy of, any information input by Clients or Shifters, including but not limited to eligibility to be a Client or Shifter or experience.

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 will include time, location, hourly pay rate, duties, and any other requirement (for example, attire) applicable to the offered Shift Engagement. The ShiftNow Platform may allow but will not require Clients to prioritize Shifters to receive such notices.

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.

If the Client, through the ShiftNow Platform, accepts the Shifter’s application for the Shift Engagement, the ShiftNow Platform notifies the Shifter, the Shift Engagement is thereby entered; and the Shifter has an obligation to appear for and perform the Shift Engagement and, if he or she does so, the Client has an obligation to release, to the Shifter, payment in accordance with the terms of the Shift Engagement and these Terms of Use.

When the Shift Engagement is entered, 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 hourly pay rate 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 a Shift Engagement is entered but more than twenty-four hours (the “Cancellation Period”) before the shift begins, either the Client or the Shifter can, without consequence, cancel the Shift Engagement by notice through the Shift Platform, which will automatically notify the other party.

If the Shifter cancels a Shift Engagement within less than the Cancellation Period before the shift begins, or fails to appear for the Shift Engagement, that Shifter will have a fully negative rating included in his or her ShiftNow Platform profile rating with respect to that Shift Engagement (which rating Clients will see as part of any future Shift Engagement application by that Shifter); and doing so three times will result in the deactivation of that Shifter’s ShiftNow Platform profile, making him or her ineligible for future Shift Engagements unless and until we, in our sole discretion, reinstate that account.

If the Client cancels a Shift Engagement within less than the Cancellation Period before the shift begins or terminates the shift before the time scheduled in the Shift Engagement, the Shifter will be entitled to payment in the same way and subject to the same Shift Dispute Process described below.

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 fails to approve the payment within 72 hours of Shift Engagement’s scheduled end time, the Shifter may then, by email to disputes@shiftnow.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.

When payment is to be effected, the amount of the Gross Shifter Compensation (minus an amount for insurance and administrative cost recovery (the “I&A 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 I&A 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.

The I&A Amount will be held and transferred by the Company  for and in payment of periodic insurance premiums for OAI/WC to cover all Shifters for any injury suffered during their work on Shift Engagements and for the Company’s administrative cost recovery. The I&A Amount will be a percentage (set and re-set from time to time) of Gross Shifter Compensation so that the aggregate I&A Amount collected from all Shifters during a period will, as nearly as possible, equal the OAI/WC premium for that period; and that percentage will be communicated to Shifters from time to time through the ShiftNow Platform.

The only amount withheld from any payment to a Shifter will be the I&A Amount. No amount will be withheld from payments to the Shifter for any tax or other legal obligation, including without limitation federal or state income tax withholding, Federal Insurance Contributions Act (also known as FICA or Social Security), Medicare, or unemployment insurance. All such tax payment obligations are the responsibility solely of the Shifter. 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 received by the Shifter in the relevant period.

All payments with respect to Shift Engagements will be made and received through the Stripe Payment Platform; and the Company will not have access to sending or receiving financial account information or Social Security or tax identification number information of either the Client or the Shifter. All such information will be held solely by the Stripe Payment Platform in accordance with its own terms of use (https://stripe.com/legal/ssa and https://stripe.com/legal/spc) and privacy policy (https://stripe.com/privacy and https://stripe.com/legal/cookies-policy and https://support.stripe.com/questions/what-data-does-stripe-access-from-my-linked-financial-account).

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 whether and how much the Shifter is to be paid, and will effect that payment accordingly. The I&A 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 I&A 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

Clients, Shifters, and the Company each and all agree that a Shifter is an independent contractor and not an agent or employee of the Company or of any Client. Nothing in these Terms of Use nor any acts of any Client, any Shifter, or the Company will be deemed or construed by any of them or by any third party to create the relationship of principal and agent, employer and employee, or a partnership or joint venture, between or among any of them.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our 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. We 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, we 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.
Ensuring that all persons who access the Website through your internet connection and/or through your registration or log-in credentials, are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy www.shiftnow.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, 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 user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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 should 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.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. In the event that we disable your access to the Website, we will, by notice to you, provide alternate means by which you can retrieve information related to ongoing Shift Engagements or to Shift Engagements that have been completed within the preceding 24 months.

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.

These Terms of Use permit you to use the Website for your personal or business use only. Any such business use must not include brokering or re-selling the services that we provide through the Website or otherwise using the functionality of the Website to provide similar services, in the manner of a service bureau or otherwise. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print 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. 

If you print, copy, modify, download, or otherwise use or provide to any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name and the Company logo (see below), 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.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

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 manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use.

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.


User Contributions

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.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

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.

All of your User Contributions do and will comply with these Terms of Use. 

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:

Remove or refuse to post any User Contributions that do not comply with these Terms of Use, including the Content Standards.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

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. 

Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

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.

We do 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, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

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.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
www.shiftnow.com/privacy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

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.


Copyright Infringement

If you believe that any User Contributions violate your copyright, send us a notice of copyright infringement via email at support@shiftnow.com, and include “COPYRIGHT INFRINGMENT 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. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim 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

We 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

All information we collect on the Website is subject to our Privacy Policy www.shiftnow.com/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

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. We have 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.

Geographic Restrictions

The owner of the Website is based in the State of South Carolina in the United States. We provide the Website for use only by persons located in the Eligible States identified above. We make 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 we cannot and do 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, WE 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.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction), except that the interpretation and enforcement of the provisions set forth under “Arbitration” below shall be governed by and construed in accordance with the Federal Arbitration Act.

Arbitration

YOU AND THE COMPANY AGREE THAT ALL CLAIMS, DISPUTES, OR CONTROVERSIES ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (INCLUDING BUT NOT LIMITED TO DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND THE COMPANY WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN THE CITY OF CHARLESTON, SOUTH CAROLINA, BY A SINGLE ARBITRATOR. 

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.


(a)      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.

(b)     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.

(c)     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. 

(d)    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

ANY CAUSE OF ACTION OR CLAIM THAT EITHER YOU OR THE COMPANY MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and ShiftNow, Inc. regarding the Website and the services offered through or in connection with the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Your Comments and Concerns

The website is established, operated, and maintained by ShiftNow, Inc., 635 Rutledge Avenue, Suite 102, Charleston, South Carolina 29403.

All feedback, comments, requests for technical support, and other communications relating to the Website (other than copyright infringement notices described above) should be directed to: support@shiftnow.com.