Terms of use.

Last Updated: January 1, 2016

 

ACCEPTANCE OF TERMS.

Welcome to www.skilledshift.com (the “Site”). These terms and conditions (collectively, the “T&Cs”) govern your use of the Site, including but not limited to all software, data, reports, text images, sounds, video and content made available through the Site. Please review this Notice carefully. By accessing, browsing, or using the Site (“Use”), all users (“You,” “you,” “User,” or “user”) acknowledge and accept all the T&Cs listed herein. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Skilled Shift LLC reserves the right to update or change this Notice from time to time in its sole discretion. It is user’s sole responsibility to review this Notice periodically for updates and changes. Your use of the Site after the date any such changes and or updates have been posted to the site constitutes your acceptance of the new or revised T&Cs.


ADDITIONAL TERMS AND ELIGIBILITY.

The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.


LICENSE, GENERAL CONDITIONS, ACCESS AND USE.

All rights, title and interest in the Site will belong exclusively to Skilled Shift LLC (“SSL”). SSL grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Content”) are exclusive property of SSL. Except as expressly permitted herein, you shall not (i) adapt, use, copy, hack, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Content, or (ii) use the Content on other websites or any other media outlet without SSL’s prior written consent.

All trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of SSL and their respective owners. You shall not use the Marks in any manner without SSL’s prior written consent. All Content and Marks are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws.

SSL reserves the right to access your account in order to respond to your requests for technical support. Users alone are solely responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account.


USER SUBMISSIONS.

You are solely responsible for all data, and content that you upload, post or otherwise provide when using the Site. By submitting or entering your information, opinion, ideas or any feedback, no matter the form, to the Site (“Submitted Content”), you agree that you grant SSL a perpetual, non-exclusive, irrevocable, royalty free, transferable worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Content, and by any means, forever and worldwide. You agree that SSL has the right to use and transmit all user information and data including any Submitted Content to third party vendors and providers.

SSL has the right, but not the obligation to review the Site and Content and Submitted Content. We may delete and destroy any Content and Submitted Content at any time for any reason or no reason. You are solely responsible for maintaining any copies and/or backups of the Submitted Content.

You represent and warrant to SSL that your use of the Site and Content and our use of Submitted Content do not and will not infringe or violate any third party’s intellectual or proprietary rights and that your Submitted Content is not defamatory, unlawful, or abusive. Additionally your represent and warrant that in connection with your Use of the Site, you will not: (1) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws, (2) breach any of your contractual or confidentiality obligations; (3) interfere with or disrupt the normal operations of the Site.


TERMINATION OF ACCESS.

SSL reserves the right, in its sole discretion, to terminate, suspend or restrict your access to all or any part of the Site or the Content at any time and for any reason, or no reason, without prior notice or liability. Additionally, SSL reserves the right, in its sole discretion to terminate, change, or suspend all or any part of the Site at any time and without prior notice or liability.


DISCLAIMER OF ALL WARRANTIES.

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SSL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. SSL ALSO DISCLAIMS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT SSL DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE SITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE OR VIRUS-FREE, AND SSL DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND CONTENT. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM SSL WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.


LINKS TO THIRD PARTY SITES

The Site may have links, such as hyperlinks or buttons, directing access to third party’s web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by SSL. SSL shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between SSL and the owner of the Linked Sites or any endorsement or sponsorship by SSL of the Linked Sites. You shall access the Linked Sites at your own risk and shall use your own judgement, caution, and common sense in using the Linked Sites.


PRIVACY.

Please review our Privacy Policy for more information.


INDEMNIFICATION.

You agree to indemnity, defend, and hold SSL, its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Content, or your violation of any terms and conditions of this Notice.


LIMITATIONS OF LIABILITY.

BY USE OF THE SITE AND THE CONTENT YOU FURTHER AGREE THAT SSL WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS T&Cs, INCLUDING WITHOUT LIMITATION YOUR USE OR INABILITY TO USE THE SITE, MATCHING AND PLACEMENT SERVICES, CONTENT, EVEN IF SSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION. THE AGGREGATE LIABILITY OF SSL WITH REGARD TO THIS T&Cs WILL IN NO EVENT EXCEED USD $1.

In states where the exclusion of implied warranties or limitation of liability is not allowed, SSL’s LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED CONTENT, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE SSL, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED CONTENT, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.


GENERAL.

You agree that there is no employment, partnership, agency, or joint venture relationship between you and SSL arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and SSL governing your Use of the Site and is additional to any binding agreement between you and SSL. This Notice is governed by the laws of the State of Florida, United States of America, without giving effect to any principles of conflict of laws. You may not use or export any Content or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term.

If you need more information regarding the Site or this Notice, please contact: info@skilledshift.com


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