TERMS AND CONDITIONS OF USE
Last Updated on August 19, 2020
ShiftPixy, Inc. (“ShiftPixy,” “we,” “our,” the “Company”) offers a variety of human capital management services including: payroll, workers compensation, benefits, human resources, onboarding, scheduling, temporary shift work, and communication software tools available online, including mobile applications and websites.
The Services enable our customers to, among other things: provide for native delivery, onboard new employees, schedule, assign, and post shift openings, send and receive messages, manage employees, allow employees to manage their work schedule and/or pick up extra shifts. Find out more about our Services here.
The Platform may also contain links to third party websites that are not owned or controlled by ShiftPixy. ShiftPixy makes no representations or warranties regarding any websites, information or content that may be accessible through any Service that is not maintained, controlled, nor created by ShiftPixy. Further, ShiftPixy assumes no responsibility for the content, privacy policies, cookies, or practices of any third-party websites.
USE OF AND REQUIREMENTS TO USE THE SITES, APPLICATION, AND SERVICES
In using the Services, you shall:
- shall register an account with us on the Platform
- confirm that you are authorized to work in the U.S. and at least 18 years of age;
- provide all information requested by us, including Personal Information;
- consent to the collection of Personal Information, by submitting such information via the Platform and
- enable the geolocation services on your mobile device and keep such enabled while using the Services and/or the Platform.
Your access to and use of the Platform constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and ShiftPixy. In the case of the Job Provider, these Terms are in addition to and made a part of the terms of any separately negotiated agreement with ShiftPixy, and your use of the Platform to secure Shift Workers triggers the application of the Terms and Conditions applicable to Shift Staffing Services in your agreement with ShiftPixy. In the case of a Shift Worker, these Terms are in addition to and made a part of any separately negotiated employment agreement with ShiftPixy, and any Shift related agreement with any applicable Job Provider for which you provide services.
For our compliance purposes, and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.
By using the Services and providing Personal Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you from other third-party websites and databases as necessary to provide the Services to you, including, without limitation your location through the geolocation services of your mobile device. For the purposes of such authorization, you hereby grant ShiftPixy and our third-party service providers a limited power of attorney and you hereby appoint ShiftPixy and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities to access third-party websites, servers, and documents; retrieve information; and use your Personal Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
ACKNOWLEDGE AND AGREE THAT WHEN SHIFTPIXY OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, SHIFTPIXY AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
You agree that other third-parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your bank account and other third-party websites and databases for accuracy, legality, or non-infringement.
You acknowledge and agree that you have control over any information, data, content, and/or files you transmit, upload, or store in association with your use of the Services, including Personal Information stored by operation of the Services (“Your Data”). You grant us authorization to use, access, view, store, copy, delete, or otherwise process Your Data as part of the Services.
Use While Operating a Motor Vehicle or Bicycle
Distractions while operating a motor vehicle or bicycle can create dangerous circumstances. Many states and cities have adopted laws, regulations or ordinances that limit or proscribe the use of mobile devices while operating a motor vehicle or bicycle. Prudence requires that you exercise due care and caution when using the Platform with mobile devices and that such devices not be used while operating a motor vehicle or bicycle, except in hands-free mode as permitted by law. You are solely responsible for your use of the Platform in connection with any, and all such modes of transportation.
Shift Worker User Accounts.
To use most aspects of the Platform, you must register for and maintain an active personal user Platform account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to ShiftPixy certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Platform or ShiftPixy’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account. Unless otherwise permitted by ShiftPixy in writing, you may possess only one Account.
Job Provider User Accounts.
To use most aspects of the Platform, you must register for and maintain an Account. You must assign at least one “Designated Representative” of your organization to maintain and access the Account. Each Designated Representative must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18). You agree to maintain accurate, complete, and up-to-date information in your Account through your Designated Representatives. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Platform or ShiftPixy’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree that your Designated Representative(s) will maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ShiftPixy in writing, you may possess only one Account. You may not assign your Account to any other person or entity.
SITES & APPLICATION CONTENT, OWNERSHIP, AND USE RESTRICTIONS
You are authorized to use the Services and the Content therein, solely for your own use, and all other uses are prohibited. You agree not to use the Services to act on behalf or for the benefit of a third-party, nor to allow a third-party to have access to your username or password to access or use the Services. You further agree to not use the Services to run an outsourcing business.
Furthermore, you agree that:
- your use of the Services shall comply with all applicable laws;
- you shall not modify, translate, disassemble, reverse engineer any portion of the Services, or otherwise seek to obtain the source code of the Services or ShiftPixy Content;
- you shall not launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more messages to the ShiftPixy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ShiftPixy grants the operators of public search engines permission to use spiders to copy Content from the Services for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content and provided that such spiders do not affect operation of the Services. ShiftPixy reserves the right to revoke these exceptions either generally or in specific cases;
- you shall not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform except as expressly permitted by ShiftPixy,
- you shall not upload or transmit any content that constitutes unsolicited or unauthorized advertising promotional materials, commercial activities, or any other form of solicitation;
- you shall not create or transmit unwanted electronic communications such as “spam” to other users or members of the Services or otherwise interfere with another user’s or member’s enjoyment of the Services;
- you shall not transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature and will prevent the introduction and proliferation of such into the Services;
- you shall not use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that is deemed threatening or obscene;
- you shall not use any device, software or routine that interferes with the proper working of the Services;
- you shall not attempt to discover, access, read, alter, destroy, or damage any programs, data, or other information stored on or in connection with the Services;
- you shall not store, send, or post defamatory, inflammatory, trade libelous, threatening, abusive, hateful, harassing, obscene, pornographic, or indecent content or data; or
- you shall not interfere with or attempt to interfere with or disrupt the integrity, security, functionality, or proper working of the Services.
We may generate, use, transfer and/or disclose to third parties information gathered, prepared, computed, originated, or stored by us resulting from the use or provision of the Services. This data may include information derived from or based on Your Data (as defined below) provided that any such data contains no Personal Information and is used only in aggregated or anonymized form to perform data analytics; to monitor and improve the Services; and for any other reasonable commercial purpose. We own and retain all rights to this data, and no rights are granted to you, whether by implication, estoppel or otherwise in or to any such data.
You may be required to create an account and specify a password to be able to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Do not impersonate, or try to impersonate, anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. You agree to update such information to keep it true and accurate. ShiftPixy is not responsible or liable for any inaccurate information you provide.
In some cases, an account may be assigned to you by an administrator, such as your worksite employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Services, including, without limitation, those additional terms provided by the administrator. Moreover, your administrator may be able to access or disable your account without our involvement.
Some portions of the Platform require you to register and you may be asked to select a password. Select a password that would be difficult to guess and change it regularly as an added precaution. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.
In addition to the above, we may immediately suspend or limit access to the Services, in whole or in part, at any time if: (a) we determine that you are using the Services in violation of applicable law; (b) we determine that your use of the Services adversely affects or interferes with the normal operation of the Services or any service to others in a material manner; (c) we are prohibited by an order of a court or other governmental agency from providing the Services; (d) you file bankruptcy or reorganization or fail to discharge an involuntary petition within sixty (60) days after filing date; (e) you have not paid all applicable fees when due; or (f) we reasonably believe there exists a security incident that threatens the security of the Services or data. We will have no liability for any damages, liabilities, or losses due to any termination, suspension, or limitation of your use of the Services.
Subject to any applicable CSA, you may stop using the Services or any portion thereof at any time by contacting us at [email protected] and providing sufficient information for us to verify your identity.
Text Messaging and Electronic Communications
Compliance with Laws
You represent and warrant that all communications you cause to be sent through the Service shall comply with all applicable state and federal laws and regulations, including, but not limited to, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and all other laws and regulations concerning privacy, telemarketing, and the sending of SMS text messages.
Stopping Text Messages
To permanently cease receiving text messages from ShiftPixy, reply STOP to any ShiftPixy message. You can also adjust your settings through the Service. If you stop receiving text messages, we will alert your employer who may need to contact you another way.
Text Messaging Fees
You may sign up to receive certain ShiftPixy notifications or information, such as open Shifts where you can earn money, via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your service provider.
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Platform. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
In order to access and retain Communications provided to you electronically, you must have: (1) a valid e-mail address; (2) a computer or other mobile device (such as a tablet or smart phone) that operates on a platform like Windows or macOS; (3) a connection to the Internet; (4) location services enabled on your mobile device; (5) a computer or device and an operating system capable of supporting all of the above.
You acknowledge that any text messages you receive from ShiftPixy are distributed via third-party mobile network providers. As a result, ShiftPixy cannot control certain factors relating to message delivery. You further acknowledge that neither ShiftPixy nor your wireless carrier is liable for delayed or undelivered text messages.
User Content & Security
Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Services. You are only permitted to post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we could not offer our Services. Please note that this license continues even if you stop using our Services.
You agree to indemnify, release, and hold us harmless from any, and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
By submitting any Content to ShiftPixy, you represent and warrant that:
- the Content is true, accurate, current, and complete;
- you are not and shall not misrepresent your identity or your Personal Information;
- you shall promptly notify us of changes to your Personal Information by updating your account on the Platform.
- you are the sole author and owner of the Content and any intellectual property rights thereto;
- all “moral rights” that you may have in such Content have been voluntarily waived by you;
- you are at least 18 years old; and
You further agree and warrant that you shall not submit any Content that:
- is known by you to be false, inaccurate, or misleading;
- infringes any third party’s intellectual property rights or rights of publicity, or privacy;
- defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as, but not limited to,rights of privacy and publicity) of others, including ShiftPixy or Job Provider staff or Shift Workers, or use information learned from the Platform or during the performance of Shifts to otherwise defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other person or entity within or outside of the Platform;
- violates any law, statute, ordinance, or regulation;
- are, or may reasonably be considered to be, defamatory, obscene, libelous, hateful, racially, ethnically, or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- include any information that references other websites, addresses, email addresses, contact information or phone numbers that are unrelated to you or the company or individual you have been authorized by; or
- contains any computer viruses, worms or other potentially damaging computer programs or files.
Content Posted by Others
We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
In using the Services, you agree to the following:
- you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of the Services;
- you will not impersonate another person or user or allow any other person or entity to use your identification to post or view comments;
- you will not remove any copyright, trademark, or other propriety notices;
- you will not violate or attempt to violate the security of the Services, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device;
- you will not violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of the Services;
- you will not alter, copy, modify, translate, or make derivative works, or permit the alteration, copying, modification, translation, or making derivative works, of the Services or any component thereof;
- you will not attempt to derive the source code or object code for the Services, including by reverse engineering, decompiling, disassembling, or similar means;
- you will not seek to acquire any ownership interest in or to the Services;
- you will not license, sell, transfer, or lease, the Services or attempt any of the foregoing; and
- you will not copy any features or functions of the Services or access or use them to build a similar product or competitive product.
User Conduct Guidelines
Using our Services does not give you ownership of any intellectual property rights to the content you access. You may not use Content from our Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
When you use the Sites or send communications to us through the Sites, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Sites. We may communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please send an email to [email protected]. You may also contact us by writing to 501 Brickell Key Drive, Suite 300, Miami, FL 33131. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Third-Party Beneficiary & Additional Terms
Limitations of Liability
EXCEPT WHERE PROHIBITED, NEITHER SHIFTPIXY NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) SHALL NOT BE LIABLE FOR (1) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (2) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100; (3) ANY EVENT BEYOND OUR REASONABLE CONTROL; OR (4) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED (COLLECTIVELY, “DAMAGES”).
THIS DISCLAIMER OF LIABILITY FOR DAMAGES INCLUDES, BUT IS NOT LIMITED TO DAMAGES FOR (1) LOSS OF USE, GOODWILL, DATA, OPPORTUNITY, OR PROFITS, OR COST OF PROCURING SUBSTITUTE SERVICES; (2) THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT; (3) ANY INCOMPATIBILITY BETWEEN THE SERVICE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, (4) ANY FAILURE OF ANY ELECTRONIC OR TELEPHONIC EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT OF THE SITES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF ShiftPixy’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we do not promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, THE SERVICES ENTITIES MAKE NO SPECIFIC PROMISES ABOUT THE SERVICES, THE CONTENT OF THE SITES, OR THE SHIFTPIXY CONTENT. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTIES OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
ALTHOUGH SHFTIPIXY BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, SHIFTPIXY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS PLATFORM IS ACCURATE, COMPLETE, OR CURRENT. SHIFTPIXY DOES NOT WARRANT THAT THE SERVICES, DESCRIPTIONS, INFORMATION OR CONTENT INCLUDED ON THE PLATFORM WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
The Content and Services described on the Platform may be out of date and ShiftPixy makes no commitment to update the information regarding Content and the Services on the Sites. However, in an effort, to provide you with the most current information, ShiftPixy will, from time to time, make changes in the Content and in the Services described on the Sites. ShiftPixy does not operate as a broker or an accounting, financial, or investment planner or advisor. ShiftPixy does not provide financial, business, accounting, securities, tax, or legal advice. Your use of the Services is at your sole discretion and risk.
Any Content or other material downloaded or otherwise obtained through the Services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Class Action Waiver
The parties agree to bring any dispute in arbitration only on their own behalf, and not on a class or collective actions basis. Accordingly:
No right or authority exists for any dispute to be brought, heard, or arbitrated as a class or collective action (“Class Action Waiver”). The Class Action Waiver shall not be severable from this Arbitration Provision in any case in which: (a) the dispute is filed as a class and/or collective action and (b) a civil court of competent jurisdiction (subject to appeals if any to an appellate court) finds the Class Action Waiver is unenforceable. In such instances, the class and/or collective action must be litigated in a civil court of competent jurisdiction.
Notwithstanding any other clause or language in this document, Arbitration Provision and/or any rules or procedures that might otherwise apply by virtue of this document or by virtue of any arbitration organization rules or procedures that now apply or any amendments and/or modifications to those rules, any claim that the Class Action Waiver or any portion of the Class Action Waiver, is unenforceable, inapplicable, unconscionable, or void or voidable, shall be determined only by a court of competent jurisdiction and not by an arbitrator.
The Class Action Waiver and any other provision of this Arbitration Provision shall be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitration.
Copyright and Trademarks
Modification or Changes to These Terms
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials or posted content (“Materials”) on the Platform infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Compliance at ShiftPixy (address below) and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
- Sufficient information about the location of the allegedly infringing Materials so that we can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf.
- A signature or the electronic equivalent from the Owner or authorized representative.
ShiftPixy’s agent for notice of copyright or trademark issues on the Platform can be reached as follows:
Attn: Compliance Team
501 Brickell Key Drive
Miami, FL 33131
ShiftPixy shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that ShiftPixy may use information about your demographics and use of this Platform in any manner that does not reveal your identity.
We have a policy of limiting access to the Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify ShiftPixy as follows:
501 Brickell Key Drive
Miami, FL 33131
Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to ShiftPixy for certain costs and damages.
If you have questions or comments about this policy, you may email us at [email protected] or by post to:
Attn: Compliance Team
501 Brickell Key Drive
Miami, FL 33131