This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement, as we reserve the right to modify, revoke or amend these Terms of Service at any time, without notice, and in our sole and absolute discretion.
PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE WEBSITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
Reviews, Comments and use of Interactive Areas
We appreciate hearing from you. Please be aware the Website may contain discussion forums, bulletin boards, rating and review services or other forums in which you or third parties may post advice, experiences or other content, messages, materials or other items on the Website (“Interactive Areas”). If Shift Evolution provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk.
Permission to Use Your Content
We may use Your Content in a number of different ways, including displaying it on the Website, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own Websites and media platforms (“Other Media”). As such, you irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the Website’s users and the users of any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Shift Evolution. You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
This includes the following:
• Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Shift Evolution;
• Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
• Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files;
• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
• Content or links to content that, in the sole judgment of Shift Evolution, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or (d) which may expose Shift Evolution or its affiliates or its users to any harm or liability of any type.
Use of Content
Shift Evolution takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Shift Evolution liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Shift Evolution is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Shift Evolution has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Shift Evolution reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Shift Evolution or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Shift Evolution, and its licensees, successors and assigns from any claims that you could otherwise assert against Shift Evolution by virtue of any such moral rights.
We may remove or reinstate Content from users, including Your Content, from time to time at our sole discretion. For example, we may remove a comment if we believe it violates or compromises our content. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Shift Evolution and its licensees may display advertisements and other information adjacent to or included with Your Content on the Website and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Website, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Dissatisfaction. If you are dissatisfied with the Website, please provide feedback through our Contacts [INSERT HYPERLINK] page. Your only other remedy with respect to any dissatisfaction with (i) the Website, (ii) the Terms of Service, (iii) any policy or practice of Shift Evolution in operating the Website, or (iv) any content or information transmitted through the Website, is to terminate the Terms of Service and your account.
Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Website, Your Content, Website Content, or any other related information.
You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Website, and providing Shift Evolution with an emailed notice of termination (click here) [INSERT HYPERLINK] using the heading “Close my account”. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Website, but may continue to display Your Content where it implicates other users (e.g., comments that you have posted to Shift Evolution).
You agree to indemnify and hold Shift Evolution, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Website, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Shift Evolution reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Shift Evolution. Shift Evolution will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
This Website may contain hyperlinks to Websites operated by parties other than Shift Evolution. Such hyperlinks are provided for your reference only. We do not control such Websites and are not responsible for their contents or the privacy or other practices of such Websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other Websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. In some cases you may be asked by a third party Website to link your profile on Shift Evolution to a profile on another third party Website. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party Website) at any time.
The Website may include links to other Websites (each, a “Third Party Website”). We do not control or endorse any Third Party Website, and you agree that we are not responsible for the availability or contents of such Third Party Websites.
Software available on this website
Unless otherwise specified, the materials on the Websites are presented solely to provide information regarding and to promote Shift Evolution’s services, Websites, partners and other products available in the United States, its territories, possessions and protectorates. The Shift Evolution Websites are controlled and operated by Shift Evolution from its offices in the state of Texas in the United States. Shift Evolution makes no representation that materials on the Shift Evolution Websites are appropriate or available for use outside the United States. Those who choose to access the Shift Evolution Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Shift Evolution Websites is further subject to United States export controls. No software from the Shift Evolution Websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Shift Evolution Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the Shift Evolution Websites (“Software”) is the copyrighted work of Shift Evolution, LLC or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Copyright and Trademark Notices
All contents of this Website are: ©2014 Shift Evolution, LLC. All rights reserved. Shift Evolution is not responsible for content on Websites operated by parties other than Shift Evolution. Shift Evolution, the shield logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of Shift Evolution, LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shift Evolution or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Shift Evolution and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shift Evolution. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Shift Evolution.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Texas, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Shift Evolution, LLC arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in the state of Texas. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Shift Evolution and/or Affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Shift Evolution with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Shift Evolution with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
For answers to your questions or ways to contact us:
Shift Evolution, LLC
Attn: Compliance Officer
2802 Flintrock Trace. #373
Austin, Texas 78738
Shift Evolution, LLC. All rights reserved.