ShiftPlanning's Terms of Service

Before using any of ShiftPlanning's services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.

To view the Privacy Policy and our policies regarding the protection of and use of your personal information, please visit ShiftPlanning's Privacy Policy.

Put Simply:

By using ShiftPlanning© you agree to the terms below.

The ShiftPlanning© Website is composed of numerous Websites, and Web Pages, operated by ShiftPlanning© and/or its affiliates. Collectively these will be noted as ShiftPlanning©.

The ShiftPlanning© Website use is offered to you on the condition that you accept these Terms of Use, without modification of the terms, conditions, and notices herein. Your use of the Website, constitutes your acceptance of all these terms, conditions, and notices.

Put Simply:

Please respect our trademarks and brands.

Trademarks

ShiftPlanning© and ShiftPlanning's various logos used or displayed on the service are trademarks of ShiftPlanning and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the ShiftPlanning products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.

Put Simply:

Keep your account information safe. If something goes wrong let us know.

User Account, Password, and Security

The ShiftPlanning© Website is an account - based service. The individual user (You) are responsible for maintaining the privacy of your account and password. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any breach of security or unauthorized use of your account. ShiftPlanning© is not liable for any loss that may occur due to the unauthorized, or authorized use of your account or password, with or without your knowledge. You, can however, be held responsible for any loss that ShiftPlanning© may incur due to the authorized or unauthorized use of your account or password with or without your knowledge. You also agree to not use anyone else's account at any time, unless you have received direct written consent from the account holder to do so.

Put Simply:

Use your account yourself. Do not try to resell it.

Personal, Non-Commercial and Commercial Use Limitation

Unless direct written consent has been received the Website and its services are to be used solely for your own personal, non-commercial and commercial use. You do not have the right to copy, modify, transmit, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, lease, or sell any information, software, products or services obtained from the ShiftPlanning© Website. ShiftPlanning© reserves the right to refuse service or use of its software to anyone, for any reason and at anytime it deems necessary.

Put Simply:

Don't do anything illegal with your account.

No Unlawful or Prohibited Use

Part of your agreement with ShiftPlanning© is that you will NOT use the ShiftPlanning© Website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of ShiftPlanning©. Users agree that all information give is true and agrees not to falsify any information provided to ShiftPlanning©. You may NOT use the ShiftPlanning© Website in a manner which could/may damage, disable, overburden, or impair any aspect of the ShiftPlanning© Website, the network or networks connected to the ShiftPlanning© Website, or interfere with any other party's ability to use or enjoyment of the ShiftPlanning© Website. Any unauthorized attempts to gain access to the ShiftPlanning© Website, or other individuals accounts, any computer systems or networks connected to any ShiftPlanning© Website, through any means, including; hacking, password mining, or any other means, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the ShiftPlanning© Website.

Put Simply:

Again - Don't do anything illegal with your account.

Use of Services

The ShiftPlanning© Website contains communication and messaging utilities with the purpose of enabling you to communicate with others in your place of employment (These services will be deemed collectively as "Communication Utilities"). You consent to use the Communication Utilities only for their designated purpose, including posting, sending, and receiving messages and material that are related and proper.

You agree to not use the Communication Utilities for and not limited to any of the following: Defamation, abuse, harassment, stalking, threatening, or in any other way violating the legal rights of others. Further you agree to not use the Communication Utilities to dispense surveys, contests, chain letters, pyramid schemes, junk email, spam, or any other unsolicited messages that are not directly related to the intended purpose of the ShiftPlanning© Website. Do not attempt any of the following: Publish, post, upload, distribute, disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (unless you own or control rights or have received the necessary consent to). Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, and/ or any other similar software or programs that may damage the operation of another's computer or property, or damage the ShiftPlanning© Website in any way. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Utilities. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Utilities. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity. Use, download, copy or provide to a person or entity any directory of users of a ShiftPlanning© Website other user or usage information or any portion thereof. ShiftPlanning© has no obligation to monitor the Communication Utilities. However, ShiftPlanning© does reserve the right to review the materials posted to the Communication Utility and to remove any materials at our sole discretion. ShiftPlanning© reserves the right to terminate your ability to access the Communication Utilities at any time, without notice, for any reason whatsoever. ShiftPlanning© also reserves the right to, at all times, disclose any information as ShiftPlanning© deems necessary to satisfy any laws, regulations, legal process or governmental request. To edit, refuse, refuse to post, or remove any information or materials in whole or part, without notice. Caution must always be used when giving out any personally identifiably information about yourself, spouse, or dependants, especially when utilizing the Communication Utilities. ShiftPlanning© does not endorse or control the content, messages, or any other information sent or received through the Communication Utilities, and as such disclaims any liability in relation to the Communication Utilities, and any actions resulting from your participation in any Communication Utility. Users are not authorized spokespersons of ShiftPlanning©, and the views expressed by these individuals are not endorsed by the ShiftPlanning© Website. Materials uploaded to the Communication Utilities maybe be subject to limitation on usage, reproduction, or dissemination, you are responsible for adhering to such limitations if you download the materials.

We are not involved in the actual transaction between users even though we may provide software and services. As a result, the quality, reliability, safety or legality of these is the responsibility of the user.

Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ss 1030 et seq.), relevant state statutes and the laws of the other states and territories of the USA. Such violations may subject the offender and his or her agents to civil and criminal penalties.

Put Simply:

We are not responsible for SMS fee's or delays

SMS Terms of Use

SMS (text messaging) is an optional component of the Communication Utilities offered as an additional feature by the ShiftPlanning© Website. Additional charges may be incurred by the user from your individual mobile service provider, ShiftPlanning© is NOT responsible for these charges. ShiftPlanning© will not be held liable for any SMS errors, delays, missed, deleted or late received messages.

Put Simply:

We are not responsible for Email delays

Email Terms of Use

Email notification is an optional component of the Communication Utilities offered as an additional feature by the ShiftPlanning© Website. ShiftPlanning© will not be held liable for any email issues, such as errors, delays, missed, deleted or late received messages. Please check your spam folder regularly to make sure email communications are not blocked as spam.

Put Simply:

Don't post things that you don't own on ShiftPlanning.

Materials Provided or Posted

The ShiftPlanning© Website does not claim ownership or responsibility for any of the materials provided or posted ("Documents") on the ShiftPlanning© Site, including but not limited to any Documents; posted, imputed, uploaded, or submitted. However, your submission of said Documents to the ShiftPlanning© Website, is your consent, without limitation, of the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Documents; and to publish your name, and anyone else's name associated/connected with said Documents. The user will receive no compensation (payment) for the posting of said Documents. ShiftPlanning© has no obligation to post or use any of the Documents you provide, and has the right to remove any Documents at our discretion. Any of the Documents posted or provided to ShiftPlanning©, by you, is your consent that you control or own the rights to said Documents, and thus take sole responsibility for the content of the Documents, therefore eliminating ShiftPlanning© for any responsibility from said Documents.

Put Simply:

We own the ShiftPlanning software.

Software and ShiftPlanning© Website Content

All content and software that is made available by ShiftPlanning© to be viewed or downloaded, excluding content posted by the end user, is owned by and is the strict copyrighted work of ShiftPlanning©, and is protected by all copyright laws and international treaty provisions. Your use of the ShiftPlanning© software, as an end user is governed by the regulations outlined in this Terms of Use and all other policies, notices, licensing and legal documents, that you, as the end user, are consenting to/agreeing to, by your utilization of the ShiftPlanning© Website. If you do not consent or disagree with any of the rules/regulations outlined in any of the end user agreements, you must cease all use/utilization of the ShiftPlanning© Website immediately. Any reproduction or redistribution of the content and/or software and/or any other aspect of the ShiftPlanning© products are expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Put Simply:

We might choose to display your business name and logo.

Use of Client Logos and Business Names

Your use of our website, software and services is your consent to allow ShiftPlanning© to use your business name and business logos for ShiftPlanning© promotional purposes. ShiftPlanning© will only use this information as it relates to your use of our services within the scope of this Terms of Use.

Put Simply:

If something goes wrong we are not liable.

Software Malfunction or Website Interruption

ShiftPlanning© will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in our products, the Website or its services. You agree to defend, indemnify and hold harmless ShiftPlanning©, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of the Site.

Put Simply:

Our legal jurisdiction is Delaware.

Jurisdiction

By visiting this website you agree that in all matters relating to this website, you shall be governed by the laws of the State of Delaware, as applicable. You may not use this website if law prohibits you from doing so in the country in which you reside.

Put Simply:

By using ShiftPlanning© you agree to the terms below.

Website Disclaimer

Your use of our website or any of the information, links, products or services offered on this Site (collectively, the "Services") is subject to these Terms of Use. The ShiftPlanning© Website, at its sole discretion, may change the Terms of Use, conditions and operation of this website at anytime without notice to you. By using this Site and/or any of its Services, you agree to these Terms, including any modifications we make, and further waive any rights or claims you may have against us.

  1. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
  2. The content available through the Site is the sole property of ShiftPlanning© or its advertisers, suppliers or licensors. All material published on our Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the content received through the Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by ShiftPlanning© or our advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, reverse engineer, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the Site to anyone without our express prior written consent.
  3. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
  4. Our site may contain links to other sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our site of any third party content or a link to a third party site is not an endorsement of that content or third party site.
  5. By using this Site, you agree under penalty of perjury to make the following statements:
  6. I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside.
  7. Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
  8. I believe I have the unalienable right to read and/or view any type of material I choose.
  9. I am aware of the standards of my local community with respect to the materials offered on this Site; I am familiar with the materials offered by this Site; and I represent, warrant and certify that the links, information, and use of materials on this Site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this Site, I agree to no longer access this Site.
  10. I recognize that this Site has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
  11. By viewing and/or using this Site, you agree that ShiftPlanning© will not be liable for any commercial loss; inconvenience; loss of use, time, data, goodwill, revenues, profits, or savings; or any other special, incidental, indirect, or consequential damages in any way related to or arising from your use of this Site. You agree to defend, indemnify and hold harmless ShiftPlanning©, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of your use of the Site, including without limitation claims made by third parties related to your use of the Site.
  12. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THIS WEBSITE ON AN "AS IS" AND "AS PROVIDED" BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AVAILABILITY OF THE SITE OR SERVICES. SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE MAKE NO REPRESENTATION THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR, FORCE MAJURE, BUG OR VIRUS FREE AND SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACESS DELAYS, ANY INTERRUPTION AND/OR DATA DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS.
  13. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).
  14. Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our site.
  15. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Put Simply:

We respect the work of others. If anything is wrong, please send an email with all the details to info@shiftplanning.com.

DMCA Notifications of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at info@shiftplanning.com

Please provide our Agent with the following Notice:

  1. Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Put Simply:

We are a 3rd party.

No Agency

Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

Put Simply:

We can stop providing services at any time. You can stop using your account or close it at any time as well.

Termination/ Access Restriction

These terms constitute the entire agreement between this site and you with respect to your use of this website. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms of Use or other unauthorized use of the Site. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

Put Simply:

You can modify your subscription at any time. We will charge you for the prorated differences on a monthly basis.

Modifying your subscription

Modifying Your Subscription. If You choose to upgrade your plan or number of staff during Your elected subscription period, any incremental cost will be pro-rated and billed alongside your next monthly recurring billing, or within your multi-month subscription on a monthly basis.

Put Simply:

You can cancel at anytime.
We do not give refunds.

Cancellation and Termination

The account owner (as defined in the sign-up procedure) is responsible for canceling Your account, and can cancel the account by cancelling the recurring payments from within PayPal, or by contacting ShiftPlanning directly. Once You cancel Your account You will lose access to all of Your content, and We preserve the right to delete all such content in the normal course of operation. This content cannot be recovered once Your account is cancelled. If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again.

Regardless of Your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep Our administrative costs low for the ultimate benefit of Our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and ShiftPlanning does not accept any liability for such loss. ShiftPlanning reserves the right to contact You about special pricing or other promotional offers.

Put Simply:

We are allowed to change our pricing, and terms of use.

Modification of Terms of Use and Fees for Software

We reserve the right to change the terms, notices, and conditions of services, of the ShiftPlanning© website, including but not limited to, the services/sites offered, and the charges that you may incur in the future. It is solely your responsibility to regularly review these Terms of Use and the other Policies of the ShiftPlanning© Website, to ensure you are up to date with all the terms, conditions, and charges, associated with ShiftPlanning©. Your continued use of the ShiftPlanning© Website, signifies your consent and agreement to all ShiftPlanning© policies, terms, conditions, and notices.

Put Simply:

We are not liable if something goes really wrong. Always have a backup of your data.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge ShiftPlanning©, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless ShiftPlanning©, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or ShiftPlanning© Username and password, or (iv) any violation of any rights of a third party.

Put Simply:

Question or concern? Contact us: info@shiftplanning.com.

Contact Information

If you have questions or concerns regarding these terms, you should email ShiftPlanning Customer Service at info@shiftplanning.com.

Last Revised: May 6th, 2013

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