1. ACCEPTANCE OF TERMS
Shift Grabber provides a collection of online employee-related resources,
including shift transfer portals, forums, and various others, (referred to
hereafter as "the Service") subject to the following Terms of Use ("TOU"). By
using the Service in any way, you are agreeing to comply with the TOU. In
addition, when using particular Shift Grabber services, you agree to abide by
any applicable posted guidelines for all Shift Grabber services, which may
change from time to time. Should you
object to any term or condition of the TOU, any guidelines, or any subsequent
modifications thereto or become dissatisfied with Shift Grabber in any way, your
only recourse is to immediately discontinue use of Shift Grabber. Shift Grabber has the right, but is
not obligated, to strictly enforce the TOU through self-help, community
moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time.
Such modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep yourself
apprised of any changes. You can find the most recent version of the TOU at:
http://www.ShiftGrabber.com/TermsAndConditions.aspx
3. CONTENT
You understand that all postings, messages, text, or other materials ("Content")
posted on, transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for each individual item ("Item") of
Content that you post, email or otherwise make available via the Service. You
understand that Shift Grabber does not control, and is not responsible for
Content made available through the Service, and that by using the Service, you
may be exposed to Content that is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. Furthermore, the Shift Grabber site and Content
available through the Service may contain links to other websites, which are
completely independent of Shift Grabber.
Shift Grabber makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site. Your linking to any other websites is
at your own risk. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will Shift Grabber be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed or otherwise made available via the Service. You
acknowledge that Shift Grabber does not pre-screen or approve Content, but that
Shift Grabber shall have the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is available via the
Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Shift Grabber site and Content available through the Service may contain
features and functionalities that may link you or provide you with access to
third party content which is completely independent of Shift Grabber, including
web sites, directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a
whole.
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties.
You agree that Shift Grabber shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users and any third party,
you understand and agree that Shift Grabber is under no obligation to become
involved. In the event that you have a dispute with one or more other users, you
hereby release Shift Grabber, its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential) of every kind
or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and / or our
service.
5. NOTIFICATION 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 Shift Grabber's agent for notice of claims of copyright
or other intellectual property infringement ("Agent"), at
admin@ShiftGrabber.com
or:
Shift Grabber
1407 116th Ave NE, Suite 102
Bellevue, WA
98004
Please provide our Agent with the following Notice:
a) Identify the material on the Shift Grabber site that you claim is infringing,
with enough detail so that we may locate it on the website;
b) 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;
c) 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;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Shift Grabber will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Shift Grabber has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address:
http://www.ShiftGrabber.com/privacy.aspx
Your use of the Shift Grabber website or the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree that
Shift Grabber may, in its sole discretion, preserve or disclose your Content, as
well as your information, such as email addresses, IP addresses, timestamps, and
other user information, if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: comply with
legal process; enforce the TOU; respond to claims that any Content violates the
rights of third-parties; respond to claims that contact information (e.g. phone
number, street address) of a third-party has been posted or transmitted without
their consent or as a form of harassment; protect the rights, property, or
personal safety of Shift Grabber, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual
conduct including but not limited to (i) sexual intercourse, including
genital-genital, oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation,
or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the
genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for
the sale or rental of any dwelling, a discriminatory preference based on
race, color, national origin, religion, sex, familial status or handicap
(or violates any state or local law prohibiting discrimination on the
basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S.
citizenship or lawful
permanent residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a
Shift Grabber employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person
without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains
"affiliate marketing," "link referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the Shift Grabber sites which are not designated for such
purposes; or emailed to Shift Grabber users who have not indicated in writing
that it is ok to contact them about other services, products or commercial
interests.
m) that includes links to commercial services or web sites, except as allowed in
"services";
n) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law.
o) that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other
users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted
through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact
with anyone for any commercial purpose;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - unless expressly permitted by
Shift Grabber;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or
similar Content or otherwise impose an unreasonable or disproportionately large
load on our infrastructure;
w) post the same item or service in more than one classified category or forum,
or in more than one metropolitan area;
x) attempt to gain unauthorized access to Shift Grabber's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes with
the performance of, or impairs the functionality of, the Service or the Shift
Grabber website; or
y) use any form of automated device or computer program that enables the
submission of postings on Shift Grabber without each posting being manually
entered by the author thereof (an "automated posting device"), including without
limitation, the use of any such automated posting device to submit postings in
bulk, or for automatic submission of postings at regular intervals.
z) use any form of automated device or computer program ("flagging tool")
that enables the use of Shift Grabber's "flagging system" or other community
moderation systems without each flag being manually entered by the person
that initiates the flag (an "automated flagging device"), or use the
flagging tool to remove posts of competitors, or to remove posts without a
good faith belief that the post being flagged violates these TOU;
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To moderate
demands on Shift Grabber's resources, you may not use a Posting Agent to post
Content to the Service without express permission or license from Shift Grabber. Correspondingly, Posting Agents are
not permitted to post Content on behalf of others, to cause Content to be so
posted, or otherwise access the Service to
facilitate posting Content on behalf of others, except with express
permission or license from Shift Grabber.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Shift
Grabber email addresses or through Shift Grabber computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in Washington. Any unauthorized use of Shift Grabber
computer systems is a violation of these Terms and certain federal and state
laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง
1030 et seq.). Such violations may
subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content
and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that Shift Grabber may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained by
the Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency with
which you may access the Service. You agree that Shift Grabber has no
responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that Shift Grabber
reserves the right at any time to modify or discontinue the Service (or any part
thereof) with or without notice, and that Shift Grabber shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
12. ACCESS TO THE SERVICE
Shift Grabber grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use.
This license does not include: (a) access to the Service by Posting
Agents; or (b) any collection, aggregation, copying, duplication, display or
derivative use of the Service nor any use of data mining, robots, spiders, or
similar data gathering and extraction tools for any purpose unless expressly
permitted by Shift Grabber. A limited exception to (b) is provided to general
purpose internet search engines and non-commercial public archives that use such
tools to gather information for the sole purpose of displaying hyperlinks to the
Service, provided they each do so from a stable IP address or range of IP
addresses using an easily identifiable agent and comply with our robots.txt
file. "General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings or in any
subset of classifieds listings such as jobs, housing, for sale, services, or
personals, or which is in the business of providing classified ad listing
services.
Shift Grabber permits you to display on your website, or create a hyperlink on
your website to, individual postings on the Service so long as such use is for
noncommercial and/or news reporting purposes only (e.g., for use in personal web
blogs or personal online media). If
the total number of such postings displayed or linked to on your website exceeds
one hundred (100) postings, your use will be presumed to be in violation of the
TOU, absent express permission granted by Shift Grabber to do so. You may also create a hyperlink to
the home page of Shift Grabber sites so long as the link does not portray Shift
Grabber, its employees, or its affiliates in a false, misleading, derogatory, or
otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by Shift
Grabber immediately terminates said permission or license. In order to collect, aggregate, copy,
duplicate, display or make derivative use of the Service or any Content made
available via the Service for other purposes (including commercial purposes) not
stated herein, you must first obtain a license from Shift Grabber.
13. TERMINATION OF SERVICE
You agree that Shift Grabber, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
Shift Grabber believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that Shift Grabber shall not be liable to
you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to
use the Service after said termination.
Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is protected
by copyright as a collective work and/or compilation, pursuant to copyrights
laws, and international conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the site or the collective work,
and/or copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is prohibited
without the express written consent of Shift Grabber. You further agree not to
reproduce, duplicate or copy Content from the Service without the express
written consent of Shift Grabber, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect of the
Service. SHIFT GRABBER is a registered mark in the U.S. Patent and Trademark
Office.
Although Shift Grabber does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically grant,
and you represent and warrant that you have the right to grant, to Shift Grabber
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by
posting Content to any public area of the Service, you automatically grant Shift
Grabber all rights necessary to prohibit any subsequent aggregation, display,
copying, duplication, reproduction, or exploitation of the Content on the
Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SHIFT GRABBER SITE AND THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE SHIFT GRABBER SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY
LAW, SHIFT GRABBER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SHIFT GRABBER SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, SHIFT GRABBER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE SHIFT GRABBER SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE SHIFT GRABBER SITE. TO THE FULLEST EXTENT PERMITTED BY
LAW, SHIFT GRABBER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL
COMPONENTS IN CONNECTION WITH THE SHIFT GRABBER SITE OR THE SERVICE. Some jurisdictions do not allow the
disclaimer of implied warranties. In
such jurisdictions, some of the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SHIFT GRABBER BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SHIFT GRABBER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE SHIFT GRABBER SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE SHIFT GRABBER SITE OR THE SERVICE, FROM INABILITY TO
USE THE SHIFT GRABBER SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE SHIFT GRABBER SITE OR THE
SERVICE. SUCH LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SHIFT GRABBER SITE OR THE
SERVICE OR ANY LINKS ON THE SHIFT GRABBER SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
SHIFT GRABBER SITE OR THE SERVICE OR ANY LINKS ON THE SHIFT GRABBER SITE. THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability
are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold Shift Grabber, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand, including reasonable
attorney fees and court costs, made by any third party due to or arising out of
Content you submit, post or make available through the Service, your use of the
Service, your violation of the TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Shift Grabber and govern
your use of the Service, superseding any prior agreements between you and Shift
Grabber. The TOU and the relationship between you and Shift Grabber shall be
governed by the laws of the State of Washington
without regard to its conflict of law provisions. You and Shift Grabber agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of King,
Washington. The failure of Shift Grabber to exercise or enforce any right or
provision of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOU remain in full force and effect. 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 the Service or the TOU must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review,
or by emailing to:
admin@ShiftGrabber.com
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for Shift Grabber to pursue legal action to enforce
these Terms, you will be liable to pay Shift Grabber the following amounts as
liquidated damages, which you accept as reasonable estimates of Shift Grabbers'
damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely
states or otherwise misrepresents your affiliation with a person or entity; or
(3) that includes personal or identifying information about another person
without that person's explicit consent, you agree to pay Shift Grabber one
thousand dollars ($1,000) for each such message.
This provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures.
b. If Shift Grabber establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the Service, you
agree to pay Shift Grabber one hundred dollars ($100) for each message posted in
excess of such limits or for each day on which you access Shift Grabber in
excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Shift Grabber email addresses
or through Shift Grabber computer systems, you agree to pay Shift Grabber twenty
five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above,
you agree to pay Shift Grabber one hundred dollars ($100) for each Item of
Content posted. In its sole
discretion, Shift Grabber may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree to
pay Shift Grabber one hundred dollars ($100) for each and every Item you post
in violation of the TOU. A Posting
Agent will also be deemed an agent of
the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the TOU) agrees to pay Shift Grabber an additional one hundred
dollars ($100) for each Item posted by the Posting Agent on behalf of
the Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit
for any purpose any Content (except for your own Content) in violation of these
Terms without Shift Grabber's express written permission, you agree to pay Shift
Grabber three thousand dollars ($3,000) for each day on which you engage in such
conduct.
Otherwise, you agree to pay Shift Grabber's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other provision
of these Terms, Shift Grabber retains the right to seek the remedy of specific
performance of any term contained in these Terms, or a preliminary or permanent
injunction against the breach of any such term or in aid of the exercise of any
power granted in these Terms, or any combination thereof.
20. FEEDBACK
We welcome your questions and comments on this document in the Shift Grabber
feedback forum:
http://www.ShiftGrabber.com/contact.aspx