Whether you are a beta-site, a free trial user or a paid client/user you agree and are bound to the Terms of Use provided herein. Your use of this website and/or
services serves as you consent to these terms.
By using the Shift-trader.com or ShiftAgent.org web site (“Service”), all services of Shift Agent Labs, LLC. (“Shift Agent Labs”), you are agreeing to be bound by
the following terms and conditions (“Terms of Use”).
These Terms of Use govern your use of the web site and all applications, software, and services (collectively, “Services”). Shift Agent Labs reserves the right to
make updates and/or change the Terms of Service without notice.
Any updates or new features that change or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Use.
Continued use of the Services after any such changes shall represent your consent to such changes. You can review the most current version of the Terms of Service
at any time at: http://shiftagent.org/terms.html
Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available basis”. Shift Agent Labs does not warrant that (i) the service
will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or without error, (iii) the results that may be obtained from the use
of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the
service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Shift Agent Labs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Shift Agent Labs has been advised of the
possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services;
(iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) any violation of
the content guidelines, (vi) or any other matter relating to the service.
Shift Agent Labs reserves the right to terminate, disable or suspend your account without notice if it is deemed you are in violation of the Terms of Use policy.
While Shift Agent Labs prohibits such conduct and Content on the services, you understand and agree the Shift Agent Labs cannot be responsible for content posted
on the services and that you may be exposed to such materials. Content is, but is not limited to, any data entered into the Service, including emails, SMS, text, dates and times.
The use of Services is at your own risk, and you expressly understand and agree that Shift Agent Labs shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages due to the distribution of contact information contained within the Services or visible on any physical or electronic
medium that may or may not have originated with the Services.
Shift Agent Labs uses, and you agree to use, a third party service provider for payment services (e.g., credit card transaction processing, merchant settlement,
and any related service fees), currently Stripe Inc. (“Stripe”). By using the Service, you agree to be bound by Stripe’s Terms of Service:
https://stripe.com/us/terms.
Stripe’s Privacy Policy is available for review here:
https://stripe.com/us/privacy. You hereby consent to provide and authorize Shift Agent Labs and Stripe to share
any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal,
financial, credit card payment, and transaction information.
For each transaction, the customer agrees to pay Shift Agent Labs for the service fee. Unless otherwise stated, all such fees are quoted in U.S. Dollars.
Additional charges may apply. Payment is due at the time your Transaction is submitted. Shift Agent Labs accepts payment for service fees in U.S. Dollars only;
If you submit a payment that results in Shift Agent Labs being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse
Shift Agent Labs for all such fees.
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events),
and such changes are effective when we post information about the fee change through the Service, or communicate the changes via email. Additionally, we may change
our fee policy at any time and in our sole discretion, and any changes to the fee policy are effective upon the posting of such changes to the fee policy.
Payment Information: All payment information that you provide in connection with the Service must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT
YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE.
Account Signup: By providing Shift Agent Labs or Stripe with your payment information, you agree that Stripe is authorized to immediately invoice you for all fees
and charges due and payable to Shift Agent Labs hereunder and that no additional notice or consent is required. You agree to immediately notify Shift Agent Labs and
Stripe (as applicable) of any change to your payment information. Shift Agent Labs reserves the right to offer customers a Free Trial period, and no prior notice to
the account holder is required for indicating when the free trial period ends.
The Service provided by Shift Agent Labs is billable month-to-month. The account holder agrees to pay Shift Agent Labs for each month of Service at the time of invoice.
Cancellation Policy: A customer may cancel their subscription at any time. There are no direct cancellation fees.
Cancellation of the Service can be accomplished by an authorized user of the account managing their subscription at their own discretion.
Shift Agent Labs reserves the right to not pro-rate for Services rendered for any amount under any circumstance.
The Service uses “Shift Agent Credit” to facilitate Transactions. SHIFT AGENT CREDIT IS PROMOTIONAL ONLY, SPECIFIC TO THE SERVICE, AND ARE USABLE SOLELY IN CONNECTION
WITH YOUR USE OF THE SERVICE. Customers can only receive Shift Agent Credit by registering for an Account and taking advantage of Shift Agent specific promotions that
take place within the Service. Shift Agent reserves the right to award Shift Agent Credit in recognition of customers taking certain actions, and may offer certain
additional ways to receive Shift Agent Credit. Shift Agent reserves the right to revoke or expire Shift Agent Credit for any customer at anytime without any prior
notice to the customer. Upon termination of your Account for any reason, your Shift Agent Credit is automatically cancelled. Shift Agent Credit cannot be redeemed
or sold for cash, passed down by inheritance, or otherwise assigned. You shall indemnify, defend, and hold harmless Shift Agent Labs from any claim of any kind
arising in connection with your use or receipt of Shift Agent Credit.
Taxes: You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless Shift Agent Labs and
Stripe from any and all taxes, including sales tax, based on any payments made or received by you in connection with the Services. Any taxes imposed on payments will
be your sole responsibility. If Shift Agent Labs is legally required to report such information, you will provide Shift Agent Labs with official receipts issued by the
appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
Shift Agent Labs does not endorse any Content submitted to the Service or sent from the Service by any user or other licensor. Any type of content posted by any users of the Services does not
express the values, or opinion of Shift Agent Labs. This includes Content that are submitted to the Service and distributed by the Service to any person through any communication medium, analog or digital. Shift Agent Labs does not endorse any opinion, recommendation, or advice expressed therein,
and Shift Agent Labs expressly disclaims any and all liability in connection with Content. Shift Agent Labs does not permit copyright infringing activities and infringement
of intellectual property rights on the Services, and Shift Agent Labs will remove any Content if properly notified that such Content infringes on another's intellectual
property rights. Shift Agent Labs reserves the right to remove Content without prior notice.
Shift Agent Labs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, should any user be accused of or found violating
the Terms of Service including any or all of the following Content Guidelines.
- Sexual content - Shift Agent is not a place to talk about, view, or post sexually explicit content or even mildly sexually suggestive topics.
Do not put it on Shift Agent.
- Offensive Language - Professional and polite language is spoken here. There are words that in general are considered offensive, so please leave them out of
your conversations and posts.
- Violent or graphic content - Posting violent language or posting links to violent or gory content that's primarily intended to be shocking, sensational,
or disrespectful is not permitted.
- Hateful or Harmful content - We don't support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion,
disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on
the basis of these characteristics.
- Selling products or services - Shift Agent is not a marketplace for selling products or promoting side projects. Just don't put it on the Services.
- Threats - Things like predatory behavior, stalking, threats, harassment, intimidation, and inciting others to violate the Terms of Use are serious and not condoned by Shift Agent.
You may not reproduce, copy, exploit, sell, resell or duplicate any portion of the services, use of the services, or access to the services without express written
permission.
You attest that the number of employees utilizing the site is accurate to the best of your knowledge and that each individual user represents one person.
Any sharing of an account or user name is prohibited and can result in account termination or deactivation.
The Failure of Shift Agent Labs to exercise or enforce any provision or article of the Terms of Use does not constitute a waiver of such provision.
Any questions regarding the Terms of Use shall be directed to Shift Agent Labs personnel.
