Effective Date: March 11, 2021
The Site and everything on it, including, without limitation, text, photos, videos, graphics and software, (collectively, the "Materials") is owned by or licensed to us. The Site and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other intellectual or proprietary rights and laws of the United States and other countries. You are not authorized to download any content from the Site, including, without limitation, the Materials, and if you do, we will not be responsible in any way for any damage to your computer, device or systems or loss of data resulting from any such download.
- use the Site in any manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us;
- avoid, bypass, remove, deactivate, impair, descramble or attempt, through any means, to circumvent any technological measure implemented by us to protect the Site, or otherwise gain unauthorized access to any part of the Site, computer systems, and/or networks connected to any NextShift server;
- use the Site in any manner that could damage, disable, overburden and/or impair the Site, any NextShift server or the network(s) connected to any NextShift server;
- use the Site in any manner that could interfere with any other party's use and enjoyment of the Site;
- deep-link to, frame or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device or other means to scrape, copy, or monitor any portion of the Site unless specifically authorized in writing by us;
- create or compile, directly or indirectly, any collection, compilation, database or directory from the Site;engage in any behavior that we deem inappropriate when using the Site;
- engage in any criminal or tortious activity, including, without limitation, fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any of the Materials or from any portion of the Site; or
- disrupt, interfere with or otherwise harm or violate the security of the Site, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites.In the event that we suspect that you engaged in, or attempted to engage in, directly or indirectly, any of the prohibited conduct described above, we reserve the right, but do not have any obligation, to suspend and/or permanently terminate your access to the Site at our sole discretion.
When you use the Site, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices or notices and messages through the Site, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.Your voluntary provision of your telephone number (whether a wireless number or otherwise) to us represents your consent that we may contact you by telephone, SMS or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational or informational purposes. When you provide your telephone number to us, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology and/or pre-recorded messages. You may unsubscribe from receiving text messages from us at any time by contacting us as set forth below. Standard data and message rates may apply for SMS and MMS messages, whether you send or receive such messages. Please contact your mobile phone carrier for details.
THE SITE, THE MATERIALS AND ALL OTHER CONTENT ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXTSHIFT DISCLAIMS, WITH RESPECT TO THE SITE, THE MATERIALS AND ALL OTHER CONTENT ON THE SITE, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEXTSHIFT DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE MATERIALS OR ANY OTHER CONTENT ON THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, THE MATERIALS AND ALL OTHER CONTENT ON THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NEXTSHIFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS AND ALL OTHER CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
NEXTSHIFT WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE FOR ANY REASON WHATSOEVER OR FOR ANY DAMAGES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH DELAY OR FAILURE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXTSHIFT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE), EVEN IF NEXTSHIFT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE SITE OR THE MATERIALS. NEXTSHIFT ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF OR DOWNLOADING OF ANY MATERIALS FROM THE SITE. AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, WHICH YOU MAY DO AT ANY TIME.
THIRD PARTY SITES
The Site may contain links to certain websites and applications that are owned, controlled, developed, sponsored or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Sites"). NextShift does not review, monitor, operate or control Third Party Sites, and NextShift makes no guarantees, representations or warranties as to, and shall have no liability for, the content available on or through or the functioning of any Third Party Sites. By providing access to Third Party Sites, NextShift is not recommending or otherwise endorsing the products or services provided by the sponsors or owners of those Third Party Sites. Your access to and use of Third Party Sites, including, without limitation, providing information, materials or other content to Third Party Sites, is entirely voluntary and at your own risk. NextShift reserves the right to discontinue links to any Third Party Site at any time and for any reason, without notice.
WAIVER AND SEVERABILITY