General Terms of Usage
The Content, Platform, and Services are intended solely for persons who are 18 or older. Any access to or use of the Content, Platform, or Services by anyone under 18 is expressly prohibited. By accessing or using the Content, Platform, or Services, you represent and warrant that you are 18 or older.
Code of Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of our Content, Platform, and Services. In connection with your use of our Content, Platform, and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and Tax regulations;
- hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our website, Service, or Users;
- defame anyone;
- defraud, mislead, or otherwise act dishonestly;
- copy, store, or otherwise access any information contained on the Platform, or within any Content appearing therein, for purposes not expressly permitted by these Terms;
- use the Content, Platform or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- use the Content, Platform or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
- stalk or harass any other user of the Content, Platform or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Client;
- impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
- run any bots or other software to aggregate or browse our content, including but not limited to company or jobseeker profiles;
- post fake information, whether it is about a job, company, or your own credentials as a job applicant;
- infringe on anyone’s intellectual property rights;
- otherwise act in a manner which, at Shiftorg Inc.’s sole discretion, is objectionable, or which may bring Shiftorg Inc. into disrepute.
Termination, Shift.org Account Cancellation, and Severability
We may at any time without liability to you, with or without cause, and with or without prior notice: (a) terminate these Terms or your access to our Content, Platform, and Services, and (b) deactivate or cancel your Shift.org Account. In the event we terminate these Terms, or your access to our Content, Platform and Services, or deactivate or cancel your Shift.org Account, you will remain liable for all amounts due in connection with any Coaching Sessions or other Services you have purchased. You may cancel your Shift.org Account at any time by sending an email to firstname.lastname@example.org. Please note that if your Shift.org Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any job applications, reviews, or feedback.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, Shiftorg Inc. shall have the sole right to elect which provision remains in force.
Disclaimers; Limitation of Liability
IF YOU CHOOSE TO USE THE PLATFORM AND/OR THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT Shift.org DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY COACH OR CLIENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Shift.org, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OR THROUGH THE PLATFORM OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY COACHES OR CLIENTS. YOU UNDERSTAND THAT Shift.org DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR SERVICES OR TO EVALUATE THE QUALITY OF ANY COACHING SESSIONS PRIOR TO THE TIME OF SALE. Shift.org MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, COACHES AND CLIENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED OR OTHERWISE FACILITATED BY Shift.org. NEITHER Shift.org, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY COACHES, COACHING SESSIONS OR ANY OTHER SERVICES OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM OR SERVICES.
Shift.org TOGETHER WITH ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, PROVIDE THE PLATFORM, SERVICES AND COLLECTIVE CONTENT “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Shift.org, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER Shift.org, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY THAT THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE COACHES OR ANY COACHING SESSIONS INCLUDED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NEITHER Shift.org, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR DURING THE COURSE OF YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, DAMAGES ARISING FROM A PARTY’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR LOST BUSINESS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES CLAIM RELATING TO THIS AGREEMENT SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- your name;
- the name of the party whose copyright has been infringed, if different from your name;
- the name and description of the work that is being infringed;
- the location on our website of the infringing copy;
- a statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
- a statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Shift.org Copyright Agent
660 4th Street #700
San Francisco CA 94107
If sending the notification by email, an electronic signature is acceptable.
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
Communications Decency Act
Although our Code of Conduct prohibit users from posting defamatory material, we cannot ensure that it does not occur due to our limited editorial resources. Under Section 230 of the Communications Decency Act, we are not liable for defamatory material published by third parties (such as our users) on our website.
We recommend that you report any alleged defamation by third parties to us with full details of who you are and how the material is defamatory and, if we agree it is defamatory, we may remove it. However, do not attempt to sue us, whether or not we remove such material, as we are not liable due to the Communications Decency Act and will attempt to recover any attorneys' fees, costs, and disbursements from you that are incurred as a result of defending against such an unfounded lawsuit.
Additionally, due to the SPEECH Act 2010, you cannot attempt to sue us in another country for defamation and then attempt to domesticate the judgment in the United States to enforce it. If it is unclear to us whether something is defamatory or not, regardless of whether it is a legal or factual lack of clarity, we will likely not remove the complained-about content. However, we may remove it in such instances if you produce for us a court order or declaration from within the United States declaring the specific content complained about to be unlawful.
Note that any actions we take to police defamatory material on our website are strictly voluntary, and we reserve all rights under the Communications Decency Act, as well as any other statutory, constitutional, or common law defenses.
If you believe that Shiftorg Inc., rather than a third party, has posted defamatory material, please contact us with full details at email@example.com so that we can mitigate any alleged loss as soon as possible.
Representations & Warranties
We make no representations or warranties as to the merchantability of our Content, Platform, or Services or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our products, for reasons including, but not limited to, failure of our service, loss of income, negligence, or any tort or other cause of action. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for offers made by third parties through our website.
We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
You acknowledge and agree that our website may become unavailable at any given time, temporarily or permanently, with or without notice, and we will not be liable to you for any loss therefrom.
The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement. Nothing in the provisions of this "Representations & Warranties" section shall be construed to limit the generality of the first paragraph of this section.
You agree to indemnify and hold harmless Shift.org and its principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of the breach of Shift.org’s representations and warranties contained herein.
We may link to third-party websites from our own website including, among other things, coach websites or third-party payment processors. We have no control over, and are not responsible for, these third-party websites or their use of your personal information. We recommend that you review their privacy policies and other agreements governing your use of their website.
You consent to receive communications from us electronically. We will communicate with you by email (using the email address you provide to us either during the registration process or when you updated your email address) or by posting notices on this Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition to, but not in limitation of the foregoing, except as explicitly stated otherwise, any notices to us shall be given by email.
Choice of Law
This Agreement shall be governed by the laws in force in the State of New York. The offer and acceptance of this contract is deemed to have occurred in the State of New York.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, you agree that any disputes shall be heard, where eligible, solely within the Civil Court of the City of San Francisco—Small Claims Part (“Small Claims Court”).
You agree that where the amount you would otherwise claim exceeds the monetary jurisdiction of the Small Claims Court, which at the time of the publication of this Agreement is up to $5,000, you will waive your right to collect any damages in excess of the monetary jurisdiction and instead only sue us for the maximum amount of $5,000.
Likewise, if you have multiple causes of action, you agree that if your claim would be eligible to be heard by the Small Claims Court, except that one or more of the causes of action or other rights to collect damages would not be eligible for the Small Claims Court to hear, you will waive your right to claim damages for any of the ineligible claims and instead still bring the dispute in the Small Claims Court for only the claim or claims over which the Small Claims Court has jurisdiction to hear.
Likewise, if you would otherwise have any non-monetary remedies available to you outside of the Small Claims Court, such as the right to an injunction, specific performance, or other equitable relief, you agree that you will waive your right to obtain such relief against us. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party's reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shift.org without restriction.
This Agreement may not be assigned, in whole or in part, by Coach or any other party without the prior written consent of Shift.org, and such consent may be withheld for any reason or no reason.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to firstname.lastname@example.org.
Last Modified: July, 2019