By accessing or using ShiftXChange’s services, you agree to be bound by these TERMS, including our Privacy Policies, so it is important that you read this agreement carefully before you create an account. We may update the TERMS from time to time, so you should check this page regularly for updates.
Welcome to ShiftXChange, operated by a sole proprietor, ShiftXChange, for the main purpose of providing an easier method for union or nonunionized employees to find other individuals to trade a shift with. As used in this Agreement, the TERMS “ShiftXChange,” “us,” “we,” the “Company”, and “our” shall refer to ShiftXChange application as appropriate.
We reserve the right to modify, amend, or change the TERMS at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the TERMS via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated TERMS. If you do not accept a change to the TERMS, YOU SHOULD STOP USING OUR SERVICE IMMEDIATELY.
Before you create an account on ShiftXChange, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant ShiftXChange.
By using our Services, you represent and warrant that:
If at any time you cease to meet these requirements, you must IMMEDIATELY DELETE your account.
You agree to:
You agree that you will not:
Prohibited Content—ShiftXChange prohibits uploading or sharing content that:
The uploading or sharing of content that violates these TERMS (“Prohibited Content”) may result in the immediate suspension or termination of your account.
It is important that you understand your rights and responsibilities with regards to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that ShiftXChange provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
3a. YOUR CONTENT
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at YOUR OWN RISK. We STRONGLY encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these TERMS, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
3b. MEMBER CONTENT
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these TERMS.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3c. OUR CONTENT
ShiftXChange owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
ShiftXChange does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful ShiftXChange community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through email@example.com.
Member Content is subject to the TERMS and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
Privacy is important to us. We have a separate policy about it that you should read.
ShiftXChange grants you the right to use and enjoy our Services, subject to these TERMS.
For as long as you comply with these TERMS, ShiftXChange grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by ShiftXChange and permitted by these TERMS and applicable laws.
You own all of the content you provide to ShiftXChange, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to ShiftXChange a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. ShiftXChange’s license to Your Content shall be non-exclusive, except that ShiftXChange’s license shall be exclusive with respect to derivative works created through use of our Services. For example, ShiftXChange would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that ShiftXChange can prevent the use of Your Content outside of our Services, you authorize ShiftXChange to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. ShiftXChange is not obligated to take any action with regard to use of Your Content by other users or third parties. ShiftXChange’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for ShiftXChange allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to ShiftXChange regarding our Services, you agree that ShiftXChange may use and share such feedback for any purpose without compensating you.
You agree that ShiftXChange may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these TERMS; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.
You can delete your account at any time by logging into the Website, going to “Settings” (the gear/pencil icon in the top right corner), and following the instructions to cancel your membership. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
ShiftXChange reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these TERMS, misused our Services, or behaved in a way that ShiftXChange regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the TERMS, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
ShiftXChange does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others
YOU UNDERSTAND THAT SHIFTXCHANGE DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. SHIFTXCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. SHIFTXCHANGE RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE SHIFTXCHANGE TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY SHIFTXCHANGE, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though ShiftXChange strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
ShiftXChange’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
SHIFTXCHANGE PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHIFTXCHANGE DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, SHIFTXCHANGE MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
SHIFTXCHANGE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES SHIFTXCHANGE TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH SHIFTXCHANGE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. SHIFTXCHANGE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
Like many subscription-based services, there are ads on our websites.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. ShiftXChange may also provide non-commercial links or references to third parties within its content. ShiftXChange is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, ShiftXChange is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s TERMS will govern their relationship with you. ShiftXChange is not responsible or liable for such third parties’ TERMS or actions.
ShiftXChange’s liability is limited to the maximum extent by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHIFTXCHANGE, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SHIFTXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SHIFTXCHANGE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO SHIFTXCHANGE FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
In the unlikely event that we have a legal dispute, here is what you need to know.
If you are dissatisfied with our Services for any reason, please contact ShiftXChange Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against ShiftXChange, these TERMS will apply.
14a. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
If you pursue a legal claim against ShiftXChange, you agree to arbitration (with limited exceptions).
This Agreement and Your use of the Licensed Application shall be governed and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, excluding the application of any rule or principal of conflict of law that might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction. Where any dispute arises from this Agreement, including, without limitation, a breach of this Agreement, both parties agree not to bring any legal action against the other party in any jurisdiction except in the province of Ontario, in particular the courts located in Toronto, Ontario. With respect to matters that are exclusively the jurisdiction of the Federal Courts, both parties agree to adjudicate the matter in Toronto, Ontario.
You agree to indemnify ShiftXChange if a claim is made against ShiftXChange due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless ShiftXChange, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.
By using our Services, you accept the TERMS of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these TERMS, (ii) any Additional TERMS Upon Purchase. If you do not accept and agree to be bound by all of the TERMS of this Agreement, please do not use our Services.
The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
This Agreement supersedes any previous agreements or representations.
These TERMS, contain the entire agreement between you and ShiftXChange regarding the use of our Services. The TERMS supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these TERMS is held invalid, illegal, or otherwise unenforceable, the remainder of the TERMS shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision. You agree that your ShiftXChange account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these TERMS, and you may not make any representations on behalf of or bind ShiftXChange in any manner.
Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period of a current billing cycle.