Website Terms and Conditions of Use
Welcome to our website. This site is provided by ShiftPixy, Inc. along with its subsidiaries and affiliates (collectively, “ShiftPixy”) and is maintained as a service to our clients and general public. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
General. The Website Terms and Conditions of Use ( “Website Terms”) specify the terms and conditions for access to and use of the ShiftPixy website – www.ShiftPixy.com – (the “ShiftPixy Site”) and the ShiftPixy Labs website – Labs.ShiftPixy.com – (the “Labs Site”) (the ShiftPixy Site and the Labs Site are referred to herein as the “Sites” or “Websites”) and describes the terms and conditions applicable to your access of and use of the Sites.
Ownership. All content included on the Sites is and shall continue to be the property of ShiftPixy or (if applicable) its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Sites is prohibited, except as expressly permitted in these Website Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Sites.
Intended Audience. The Sites are intended for adults only. The Sites are not intended for any children under the age of thirteen (13). ShiftPixy adheres to the Children’s Online Privacy Act of 1998.
Copyright and Trademarks. The information available on or through the Sites is the property of ShiftPixy, content providers, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through the Sites for commercial or public purposes. Other product and company names mentioned on the Sites may be trademarks of their respective owners.
Use of Sites. ShiftPixy grants you a limited, revocable, nonexclusive license to use the Sites solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Sites, reverse engineer or break into the Sites, or use materials, products or services in violation of any law. The use of the Sites is at the discretion of ShiftPixy and ShiftPixy may terminate your use of the Sites at any time.
Security. Data transmitted to and from any client site is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. ShiftPixy is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. The user is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Sites, as applicable. In order to protect you and your data, ShiftPixy may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
Compliance with Laws. Access to and use of the Sites are subject to all applicable international, federal, state, and local laws and regulations. You agree to comply with all applicable laws regarding your use of the Sites and not to use the Sites in any way that violates such laws or regulations. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
Indemnification. You agree to indemnify, defend and hold ShiftPixy, its subsidiaries, affiliates, licensors, content providers, service providers and our partners, owners, employees, agents, officers, directors and contractors (the “Indemnified Parties”), harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of the Website Terms or use of the Sites. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accesses from the Sites.
Disclaimer. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SHIFTPIXY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHIFTPIXY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE WEBSITES OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHIFTPIXY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SHIFTPIXY MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITES, ANY SERVICE, OR ITS CONTENT. SHIFTPIXY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITES.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SHIFTPIXY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITES, YOUR USE OF THE SITES, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SHIFTPIXY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OWNERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SHIFTPIXY FOR THE USE OF THE WEBSITES OR ANY SERVICE THEY PROVIDE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Website Terms that directly conflict with such laws may not apply to you.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent, pursuant to the Digital Millennium Copyright Act (“DMCA”):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Sites is ShiftPixy, Inc., C/O Legal Department, who can be reached as follows:
By Mail: 501 Brickell Avenue, Suite 300, Miami, Florida 33131
By Phone: 888-798-9100
By E-mail: [email protected]
Governing Law; Venue; Actions. You agree that the Website Terms shall be governed and construed in accordance with the laws of the State of Florida, and applicable federal laws, without regard to conflicts of laws principles. ShiftPixy and you agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Website Terms shall be filed only in the state or federal courts located in Miami-Dade County, Florida, United States of America, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action that is not subject to binding arbitration as set forth herein.
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.
Severability. If any provision of the Website Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Website Terms will otherwise remain in full force and effect.
Waiver. The failure of ShiftPixy to exercise or enforce any right or provision of the Website Terms shall not operate as a waiver of such right or provision. Any waiver of the Website Terms by ShiftPixy must be in writing and signed by an authorized representative of ShiftPixy.
Modification and Termination. ShiftPixy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or any service provided by the Sites (or any part thereof) with or without notice. You agree that ShiftPixy will not be liable to you or any third party for any modification, suspension or discontinuance of the Sites or any service.
Relationship of the Parties. Nothing contained in these Website Terms or your use of the Sites shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Contact Information. If you have any questions or complaints regarding these Website Terms, please contact us at [email protected] or by post to:
Attention: Legal Department
501 Brickell Avenue, Suite 300
Miami, Florida 33131
Notice to California Consumers: California residents may also contact 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.