Terms of service

SHIFTMOBILITY INC.

CHANGE NOTICE
LAUNCHING A NEW CONSUMER APP AND UPDATES TO THE TERMS OF SERVICE AND PRIVACY POLICY

Posted: June 12, 2020

PLEASE READ THIS NOTICE CAREFULLY AS IT CONTAINS SOME IMPORTANT INFORMATION REGARDING A USER’S RIGHTS AND RESPONSIBILITIES. Please feel free to reach us at info@shiftmobility.com with any questions and queries.

We at SHIFTMobility Inc. (“SHIFTMobility”) are excited to introduce to you our newest feature i.e., the Vehicle Passport App, a Consumer App that creates a digital identity for a User’s vehicle and helps the User maintain their vehicles using blockchain technology.

WE ARE RELEASING THE NEW VEHICLE PASSPORT APP, WHICH CAN BE ACCESSED THROUGH OUR WEBSITE OR BY DOWNLOADING IT ON A MOBILE DEVICE.

WE HAVE ALSO UPDATED OUR TERMS OF SERVICE AND PRIVACY POLICY TO ENSURE ADHERENCE TO THE FEATURES OF OUR NEW CONSUMER APP.

This change notice is effective as the September 6, 2018. After September 6, 2018, by using our Website, Applications and/or Services, you agree to the terms of our revised Terms of Service and Privacy Policy. If you do not agree to the terms of our updated Terms of Service and Privacy Policy, you may delete your account and stop using our Website, Applications and/or Services.

Thanks for being a SHIFTMobility Customer!
SHIFTMobility platform, products, and services are not intended for use in Europe.

TERMS OF SERVICE

Last Updated: September 6, 2018

PLEASE NOTE THAT THE SHIFTMOBILITY PLATFORM, PRODUCTS, AND SERVICES ARE NOT AVAILABLE FOR USE IN EUROPE. WE WILL LET YOU KNOW WHEN OUR PLATFORM, PRODUCTS, SERVICES ARE AVAILABLE FOR USE IN EUROPE

1.INTRODUCTION

This agreement (“Agreement”) applies to all SHIFTMobility® Applications (Mobile and Web) and Web Sites (collectively, the “Service”) and to Trials, Paid Subscriptions, Pilot, Beta. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Service. You may not access the services if you are our direct competitor. You may not access services for the purposes of monitoring their availability, performance, functionality, and content comparisons or for any other benchmarking or competitive purposes. You must obtain written consent from SHIFTMobility. By using any offerings from SHIFTMobility, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Please note that we may change the terms of this Agreement from time to time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. By continuing to use any portion of the Service after such changes become effective, you accept the Agreement, as modified. Additional terms and conditions may apply to some services offered on the Service, and these may be found at the place where the relevant product and services are offered.

SHIFTMobility offers platforms that helps connect third party marketplace service providers or retail vendors (“Vendors”) and customers (“Customers”). SHIFTMobility is not a party to any agreement between Vendors and Customers. All purchases and sales are solely between Vendors and Customers and SHIFTMobility will have no liability for any interactions between Vendors and Customers. SHIFTMobility disclaims all liability arising from or related to any such agreements. Notwithstanding the foregoing, SHIFTMobility serves as the limited authorized agent of the Vendor for the purpose of accepting payments from Customers on behalf of Vendors and is responsible for transmitting such payments to the Vendor, and each Vendor hereby appoints SHIFTMobility as the Vendor’s limited agent solely for the purpose of collecting payments made by customers on behalf of the Vendor. While SHIFTMobility may help facilitate the resolution of disputes in its sole discretion, SHIFTMobility has no control over and does not guarantee the existence, quality, safety, or legality of any advertised items; the truth or accuracy of any listings; the ability of Vendor to sell items; the ability of Customers to pay for items; or that a Customer or Vendor will actually complete a transaction or return an item. SHIFTMobility does not warrant or guarantee that a listing will sell or that a purchase will meet a user’s requirements.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A BINDING AND MANDATORY CUSTOMER ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN Individual BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

IF YOU ARE USING OUR VP APP i.e., the VEHICLE PASSPORT APP, PLEASE READ YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT CAREFULLY (AS DETAILED UNDER SECTION 17).

Obligations of Vendors:

By listing an item on the Service, you agree to pay any applicable fees, that you have all necessary rights and authority to offer for sale the item offered, to assume full responsibility for the content of the listing and item offered, and, unless otherwise stated, to sell the item to a Customer after the Customer’s offer meets the requirements of your listing. SHIFTMobility reserves the right to remove your listing for any reason.

Obligations of Customers:

By making a commitment to buy an item on the Service, you acknowledge that you have read and understand the item listing and that you are committing to buy the listed item from the Vendor. If you make a commitment to buy an item or your offer is otherwise accepted by the Vendor, you enter into a legally binding contract with the Vendor and are obligated to purchase the item.

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and our Web Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). By using the Mobile Services, you agree that we may communicate with you regarding SHIFTMobility and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

2. USE OF THE SERVICE

You certify that the information you provide on the Service is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify SHIFTMobility immediately. There may be usage limitations enforced on a time to time basis. Such limitations are communicated in advance by email or in application or other modes of communication.

If You install or enable a Non-SHIFTMobility Application for use with a Service, You grant Us permission to allow the provider of that Non-SHIFTMobility Application to access Your Data as required for the interoperation of that Non-SHIFTMobility Application with the Service. We are not responsible for any disclosure, modification or deletion of Your Data resulting from access by a Non-SHIFTMobility Application.

The Services may contain features designed to interoperate with Non-SHIFTMobility Applications. To use such features, you may be required to obtain access to Non-SHIFTMobility Applications from their providers, and may be required to grant Us access to Your account(s) on the Non-SHIFTMobility Applications. If the provider of a Non-SHIFTMobility Application ceases to make the Non- SHIFTMobility Application available for interoperation with the corresponding Service features on reasonable terms, We may cease providing those Service features without entitling You to any refund, credit, or other compensation.

Our account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Service, or any portion of the Service, at any time without notice. SHIFTMobility and its affiliates have no liability to you for any loss or damage arising from your failure to comply with this section or for any content on the Service that you find offensive, indecent, or objectionable. If you are under the age of majority in your jurisdiction, you may use the Service only with involvement of a parent or guardian. You are prohibited from: Violating or attempting to violate the security of the Service; Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; Using the Service to violate any applicable local, state, national or international law, or any regulations having the force of law; or Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by SHIFTMobility or other third party web browsers) to navigate or search the Service.

Any data you enter into the service or customizations that you may perform during free trial will be lost permanently unless you convert the service on a paid subscription. Any data or customization you perform during free trial is not exportable or transferrable. Trial services are provided “as–is” without any warranty and comes with no technical support services

3. CONTENT SUBMISSION & THIRD-PARTY SITES

SHIFTMobility allows businesses and users to submit and share comments, feedback, submissions, suggestions, questions, reviews, images, information, data, text, graphics, messages and other content through the Service (“Content”). Text Content should be written in English. By submitting Content, you warrant that you are 18 years of age or older, you are the sole author and owner of the Content and use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity. If you make any submission to the Service, you automatically grant, or warrant that the owner of such content has expressly granted SHIFTMobility, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, upload, store, use and display the Content in connection with the Services. SHIFTMobility may sublicense its rights through multiple tiers of sub-licenses. You further represent and warrant that you will not submit the following Content: Content that is false, inaccurate, or misleading; Content that violates any local, state, federal, or international laws; Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights; Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SHIFTMobility in its sole discretion; Content that violates any policy posted on the Service, or interferes with the use of the Service by others. Although SHIFTMobility cannot monitor all Content, you understand that SHIFTMobility shall have the right, but not the obligation, to monitor the Content to determine compliance with this Agreement and any other operating rules that may be established by SHIFTMobility from time to time. SHIFTMobility shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Service for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit, and you agree to indemnify SHIFTMobility and its affiliates for all claims resulting from any Content you submit.

Please note that references on the Service to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. SHIFTMobility is not responsible for the content of any third party linked site or any link contained in a linked site. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that SHIFTMobility is not liable for any loss or claim that you may have against any such third party. Your use of a third-party site linked from the Service is at your own risk and will be governed by such third party’s terms and policies.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to SHIFTMobility are non-confidential and SHIFTMobility will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge that SHIFTMobility may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on SHIFTMobility’s servers on your behalf. You agree that SHIFTMobility has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that SHIFTMobility reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SHIFTMobility reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

4. PRICING, ORDER AND BILLING

You agree to pay all fees when due in accordance with the terms set forth in the Service. You agree that the subscription you sign up is continuous until cancellation/termination of the service is requested. You understand that we will communicate any change in subscription fees in advance. You may be required to select a payment plan and provide SHIFTMobility information regarding your credit card or other payment instrument. All billing information provided for transaction processing must be truthful and accurate. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur within 60 days of the change. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order, we may also request additional information from you. You understand and pre-authorize that collection of fees will be charged for any declined or returned payments. Such non-sufficient fees will be the maximum amount allowed by law and will include applicable taxes.

We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If we cancel a Customer’s order after the Customer’s credit card (or other payment account) has been charged, we will issue a credit to the credit card (or other applicable payment account) in the amount of the charge. We will contact Customers if all or any portion of their order is canceled or if additional information is required to accept the order. SHIFTMobility may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to the Customer; however, the Customer’s card issuer may hold this amount for a short period. The card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that there are sufficient funds to complete the transaction. By confirming the purchase at the end of the checkout process, Customer agrees to accept and pay for the item(s). SHIFTMobility reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will the notify Customer should such limits be applied. SHIFTMobility also reserves the right, at our sole discretion, to prohibit using the Service to sell to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) using the Service for the purpose of engaging in a commercial sale of that same product(s) with a third party.

By purchasing a product (such as a “part”) from a Vendor, you acknowledge that all orders will be fulfilled by the Vendor and not SHIFTMobility. The Vendor will be responsible for all processing, shipping, returns, and customer service related to your order. Products purchased from a Vendor can only be returned to that Vendor in accordance with its return policy and cannot be returned to SHIFTMobility. Each Vendor’s shipping information, return policy, customer service information, and privacy policy can be found on that Vendor’s information page or website. SHIFTMobility cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Service or through SHIFTMobility Vendors. SHIFTMobility reserves the right to cancel any orders containing pricing errors, with no further obligations to Customer, even after Customer has received an order confirmation or shipping notice from SHIFTMobility. SHIFTMobility may, at its discretion, either contact Customer for instructions or cancel the order and notify Customer of such cancellation. Pricing for products may be different on the Service (pricing and availability remain subject to confirmation at checkout for mobile users). Delivery of items purchased from the Service to addresses outside the United States is limited. Some items sold by Vendors are available for pick up at physical store locations. Delivery times wherever applicable are determined based on the method of shipping chosen when items are purchased and the destination of the items.

Refunds and cancellations are subject to the cancellation policy of the Vendor contained in the applicable listing. SHIFTMobility’s ability to refund fees will depend upon the terms of the applicable cancellation policy. Vendors are responsible for any chargebacks by Guests that have stayed at their properties. If a chargeback is initiated by a Customer that results in a deduction of fees received by SHIFTMobility, SHIFTMobility will charge the Vendor for the amount of the deducted fees, and Vendor agrees to pay such fees.

5. INFORMATION PROVIDED ON THE SERVICE

SHIFTMobility and Vendors post a variety of material on the Service including without limitation, merchandise information, product descriptions, reviews, comments, warranty information, and their retail store information (collectively, “Materials”). The Materials that appear on the Service are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the SHIFTMobility Sites, you should confirm any facts that are important to your decision. SHIFTMobility and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Service and under no circumstances will SHIFTMobility be liable in any way for any Materials of any third parties (including users), including, but not limited to, for any errors or omissions in Materials. SHIFTMobility is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Service may be different from information contained on the product and service materials due to service provider, distributor, and manufacturer changes. If you find a product or service is not as described, your sole remedy is to request return or refund for unused product or service (excluding products and services that are not eligible for return). SHIFTMobility, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE SERVICE. In certain Services, we allow you access to information we have licensed from MOTOR Information Systems (the “MOTOR Information”) and by accessing such information; you agree to comply with the following terms and conditions:

a. License Grant. MOTOR hereby grants to you a nontransferable, non-exclusive, limited license to access and use the MOTOR Information contained within the Product on a vehicle-by-vehicle look-up basis. 2. Restrictions on Use of MOTOR Information. You agree that you shall not, and shall not permit any third party, to directly or indirectly (i) alter or copy in any form or medium all or any part of the MOTOR Information (except for data located on an individual, vehicle by vehicle, lookup basis), nor make any MOTOR Information part of any electronic retrieval system; (ii) create any derivative work from, or adaptation of, the MOTOR Information; (iii) lease, license, sell, or otherwise publish, communicate, distribute or display to any third party in any form or medium all or any part of the MOTOR Information; (iv) create any publications, in electronic, printed or other format, based in whole or in part on data from the MOTOR Information, alone or in combination with any other data; (v) download the MOTOR Information (other than the data obtained on a vehicle-by-vehicle look-up basis) or transmit the MOTOR Information electronically by any means; (vi) remove any product identification, copyright, trademark or other notice from the MOTOR Information or documentation; or (vii) reverse engineer, reverse assemble, or reverse compile the MOTOR Information.

b. Ownership/Confidentiality. You agree that the MOTOR Information is the confidential information of MOTOR, and that MOTOR owns or is the Subscriber of all rights in the MOTOR Information, including without limitation all copyright and other proprietary rights. You agree to keep confidential and use your best efforts to prevent and protect the MOTOR Information from unauthorized disclosure or use.

To access VoomBox Suite of applications, you acknowledge that you are a member of Auto Care Organization.

6. INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials contained on the Service, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, video clips or downloads, written and other materials (collectively, the “IP”) are owned, controlled or licensed by SHIFTMobility, one of its affiliates or by third parties who have licensed their materials to SHIFTMobility and are protected by U.S. and international intellectual property laws, except that the foregoing does not apply to your own content that you legally upload to the Service. You may access, view, download, and print the IP and all other the materials displayed on the Service for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Service or your accessing, viewing, downloading, or printing of the IP. Any use of the Service or IP other than as specifically authorized herein is strictly prohibited. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, frame, scrape, rent, lease, loan, reverse engineer, reverse assemble or otherwise attempt to discover any source code, assign, sublicense, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Service or any technology and software underlying the Service or distributed in connection therewith (the “Software”). All Software is the property of SHIFTMobility or its suppliers and protected by U.S. and international copyright laws and may only be used as part of the Service. The Service may be used only as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on the Service is strictly prohibited. Any rights not expressly granted herein are reserved and no license or right to use any trademark of SHIFTMobility or any third party is granted to you in connection with the Service.

7. PRIVACY

You acknowledge that any personal information that you provide through use of the Service will be used by SHIFTMobility in accordance with SHIFTMobility’s Privacy Policy, available at www.shiftmobility.com/privacy, the terms of which are incorporated here by this reference.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SHIFTMobility and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Service or any breach by you of this Agreement. SHIFTMobility reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting SHIFTMobility’s defense of such matter.

9. TERMINATION

This Agreement is effective unless and until terminated by either you or SHIFTMobility. You may terminate this Agreement at any time by giving 30-day notification via email sent to billing@shiftmobility.com – provided that you discontinue any further use of the Service. SHIFTMobility also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Service, for any reason, including without limitation if in SHIFTMobility’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or SHIFTMobility, you must promptly destroy all materials downloaded or otherwise obtained from the Service, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Service,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Service,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”

10. DISCLAIMER

THIS SERVICE IS PROVIDED BY SHIFTMobility ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHIFTMobility MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHIFTMobility DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SHIFTMobility DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SHIFTMobility OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SHIFTMobility HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL SHIFTMobility BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, SHIFMOBILITY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. COPYRIGHT INFRINGEMENT AND DMCA NOTICE

If you believe that any content on our Website and/or Application violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to our “Designated Copyright Agent.” It is our policy to terminate the accounts of repeat infringers.

  • Your physical or electronic signature;
  • Identification of the copyrighted work(s) that you claim to have been infringed;
  • Identification of the material on our services that you claim is infringing and that you request us
  • to remove;
  • Sufficient information to permit us to locate such material;
  • Your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

The SHIFTMobility Designated Copyright Agent to receive the DMCA Takedown Notices is Pavana Jain, SHIFTMOBILITY INC. Attn: DMCA Notice, 303 Twin Dolphin Drive, Suite 600, Redwood City, CA 94065. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney fees incurred by us in connection with the written notification and allegation of copyright infringement.

13. EXPORT POLICY

You may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Company on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

14. SOCIAL NETWORKING SERVICES

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. The manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and SHIFTMobility shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, SHIFTMobility is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services.

15. APPLE or ANDROID ENABLED SOFTWARE APPLICATIONS

SHIFTMobility offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”) at AppStore or Android at Android Marketplace, among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”, “Android-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

SHIFTMobility and you acknowledge that this Agreement are concluded between SHIFTMobility and you only, and not with Apple, and that as between SHIFTMobility and Apple, SHIFTMobility, not Apple or Google, is solely responsible for the Apple-Enabled Software and the content thereof.

You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software or Android-Enabled Software in, or otherwise be in conflict with, the App Store or Android Marketplace Terms of Service.

Your license to use the Apple-Enabled Software or Android-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product or Android-Enabled Software on an Android Product, that you own or control, as permitted by the Usage Rules set forth in the App Store or Android Market Place Terms of Service.

Apple or Google has no obligation whatsoever to provide any maintenance or support services with respect to the Apple or Android Enabled Software.

Apple or Google is not responsible for any product warranties, whether express or implied by law. Apple or Google will have no warranty obligation whatsoever with respect to the Apple or Android Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be SHIFTMobility’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

SHIFTMobility and you acknowledge that SHIFTMobility, not Apple or Google, is responsible for addressing any claims of you or any third party relating to the Apple or Android Enabled Software or your possession and/or use of that Apple or Android Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple or Android Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Apple or Android Enabled Software or the end-user’s possession and use of that Apple or Android Enabled Software infringes that third party’s intellectual property rights, as between SHIFTMobility and Apple or Google, SHIFTMobility, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the Apple or Android Enabled Software, they should be directed to SHIFTMobility as follows: info@shiftmobility.com; or Client Services Group 303 Twin Dolphin Drive, Suite 600, Redwood City, CA 94065

SHIFTMobility and you acknowledge and agree that Apple, Google and their subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple and Android Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple or Android Enabled Software as a third party beneficiary thereof.