Terms of Service

Thanks for using Shift Simplified. These Terms of Service ("Terms") cover your use and access to the products, services, software, platform and websites (collectively, "Services") provided by Shift Simplified, LLC ("Shift Simplified"). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization. Please note that the statements set forth under the headings "More simply put" are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.

You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with Shift Simplified in order to use the Services.

More simply put

By using Shift Simplified, you agree to our Terms of Service. You also need to be an adult, as defined by the state where you live (usually that means 18).

We want you to be 100% satisfied with our Services. If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department by email at support@shiftsimplifed.com so that we can help you resolve the issue, provide a refund or offer a credit that can be used for future Services.

When contacting us, please include any details relating to the Services you have purchased so that we can ensure you are completely satisfied with your Shift Simplified experience. All refund requests must be made within 30 days of purchase.

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We gladly offer refunds for billing mistakes. If you change your mind and want to cancel a service we will refund you. Unless you have a good reason, we don't give refunds for Services that you've already used.

SHIFT SIMPLIFIED WILL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY SERVICES RENDERED THROUGH OUR WEBSITE, AND ANY USE OR RELIANCE ON SUCH SERVICES IS SOLELY AT YOUR OWN RISK. SHIFT SIMPLIFIED IS MERELY PROVIDING YOU A TOOL TO CONTACT YOUR EMPLOYEES AND IS NOT GUARANTEEING THAT YOUR EMPLOYEES CAN LEGALLY WORK A SHIFT.

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It is your responsibility to comply with all applicable employment laws.

Shift Simplified reserves the right, in its sole discretion, to downgrade or terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of our Services if you are not complying with these Terms, or if you are using our Services in a manner that would expose us to legal liability, disrupt the Services or disrupt others' use of the Services.

If Shift Simplified elects to terminate your account, Shift Simplified will provide you with notice at your registered email address. Shift Simplified also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Shift Simplified will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services.

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Shift Simplified has the right cancel your account at any time. This is a very rare occurrence and would only happen if you were violating the terms, breaking the law, or otherwise misusing our Services.

By creating an account, you agree that you may receive communications from Shift Simplified, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.

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Shift Simplified may send you emails, but you can unsubscribe at any time. However, it is not our practice to send out emails on a regular basis.

You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Shift Simplified to access or use our website or Services. By using our Services, you accept sole responsibility that your use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Shift Simplified reserves the right to suspend or terminate your account immediately and without prior notice at our sole discretion.

You may not hack, "scrape" or "crawl" the Shift Simplified website whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Shift Simplified has not intentionally made available to you. Your use of the Shift Simplified website does not entitle you to resell any Shift Simplified content without prior express written consent from Shift Simplified.

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If for any reason it would be illegal for you to use Shift Simplified Services, you agree not to do so.

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use our Services as we intend for them to be used. Any rights not expressly granted in these Terms are reserved by Shift Simplified.

When you transmit user content on Shift Simplified, you hereby grant Shift Simplified a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

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As long as you follow these Terms, you're welcome to use all Shift Simplified Services in the manner intended.

Shift Simplified retains all right, title and interest in and to its products and Services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to: (1) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and Services; (2) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and Services; or (3) circumvent or disable any security or technological features of our products and Services. The design, text, graphics and selection and arrangement thereof and Services and the legal forms, documents, guidance and all other content found on our website ("Service Content") are copyright © Shift Simplified, LLC. All rights reserved.

These and any other Shift Simplified product or service names or slogans displayed on Shift Simplified products are trademarks of Shift Simplified. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Shift Simplified is the service mark, trademark and/or trade dress of Shift Simplified and you may not copy, imitate or use it, in whole or in part, without our prior written consent. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Shift Simplified's trademarks displayed on our website. All goodwill generated from the use of Shift Simplified's trademarks is reserved for the use of Shift Simplified, exclusively.

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The Shift Simplified logo, software, trademarks, products, and Services belong to us. You agree not to copy or sell any of our intellectual property.

Shift Simplified's websites may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Shift Simplified does not sponsor and is not legally associated with any third party "linked sites." Shift Simplified is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

Shift Simplified does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Shift Simplified is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third-party sites.

If you use any service provided on a Linked Site, (a) Shift Simplified will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Shift Simplified does not warrant or support any service provided by the third party.

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The links we provide to other websites are for your information only. We don't endorse and are not responsible for the content on those sites.

Please read this section carefully as it affects your rights!

The information, software, products, and Services made available through Shift Simplified may include inaccuracies or typographical errors. Shift Simplified may at any time make improvements or changes to our Services. Information received via Shift Simplified should not be relied upon for legal decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, SHIFT SIMPLIFIED MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR LEGAL DECISIONS AND YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHIFT SIMPLIFIED BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SHIFT SIMPLIFIED HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Shift SIMPLIFIED'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO SHIFT SIMPLIFIED FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

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While we do our best to make sure everything is accurate and up to date, your use of our website is at your own risk.

On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Shift Simplified, and its respective officers, employees, directors, agents, and insurers harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

You agree to indemnify and hold Shift Simplified, and its respective officers, employees, directors, agents, and insurers harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Services, your violation of these Terms or your violation of any rights of another.

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Shift Simplified is not responsible for anything that happens as a result of you violating these terms, violating someone else's rights, or a third-party claim.

Please read this section carefully as it affects your rights!

Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing support@shiftsimplifed.com.

However, if Shift Simplified is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (" JAMS"). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States Erie County, New York, telephonically or through video conference. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

Any notice to Shift Simplified should be addressed to support@shiftsimplifed.com. Any notice to you shall be sent to your address as set forth in Shift Simplified's records of account or such other legal address as Shift Simplified is able to identify.

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

• Either you or Shift Simplified may assert claims, if they qualify, in small claims court in any United States county where you live or work without first engaging in arbitration, or the informal dispute-resolution process described above.
• Shift Simplified may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
• Shift Simplified may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
• In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Erie County, New York, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.

Shift Simplified may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled "Modifications" below.

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If you have a problem with Shift Simplified and customer service can't help, you waive your right to sue us, either individually or by class action. Instead, we'll resolve your dispute using private arbitration.

These Terms will be governed by New York law except for its conflicts of laws principles.

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These Terms are governed by New York state law.

These Terms constitute the entire agreement between you and Shift Simplified with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

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These Terms are the one and only official agreement between you and Shift Simplified.

Shift Simplified's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Shift Simplified may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

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If for some reason Shift Simplified can't or doesn't enforce part of these Terms, the rest of the Terms will still be valid.

We may revise these Terms from time to time and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

If you have any questions or concerns, please email us at support@shiftsimplifed.com.

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We will always post the most current Terms here on our website.

Prior to using our Services to send SMS messages to recipients you agree to do the following:

1. Get consent in writing from potential recipients to receive SMS messages sent through our platform; and
2. Inform all recipients in writing that receive SMS messages of their ability to opt-out of receiving SMS messages by replying with “STOP”.

You are prohibited from using our Services for the following purposes:

1. Harass others,
2. Send SMS messages without consent from recipients to receive such messages,
3. Solicit customers, for sales purposes, or for any other commercial purpose,
4. Solicit individuals that are not employed with you, or
5. For any purpose that is not legal under state, federal, or local law.

We are not responsible for any charges that recipients receive because of SMS messages sent through our platform. You must remove recipients from your SMS list of contacts once they are no longer employed with you.

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Don’t use our system to text people that have not opted-in to receiving text. Make sure everyone knows how to opt-out of receiving text by replying with “STOP”. We are not responsible to pay for texting charges that recipients incur because of receiving texts. Don’t use our Services to harass others or any other commercial purpose.

If you are a North Carolina resident, the following provisions will apply to your purchases from Shift Simplified:

• The disclaimers of warranties and limitations of liability herein will not apply to you.
• These Terms will not be construed to limit your recovery of damages or other remedies.
• These Terms will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and Shift Simplified.