Content contained in this Website is for general information purposes only. "Content" means any and all information perceivable by the senses, including both textual and graphic information, contained or available on or in this Website. The Content may be updated, modified, amended or deleted from time to time, at any time and without notice in the sole discretion of Shift.
All Proprietary and Other Rights Reserved
This Website and the Content are available only pursuant to the terms and conditions set out herein. Unless otherwise stated, the Content and the Website, including without limitation all right, title and interest therein, and the selection, arrangement, design, composition and architecture, and any enhancement thereof, are the exclusive property of Shift, copyright © Shift or its licensors, all rights reserved. "Shift", "Reason to Change", "Better Business Phone Service", the Shift logo and any other logos, design or marks contained in the Website or used by Shift are the exclusive property of Shift, all rights reserved. Any trade-marks of third parties appear pursuant to any required licenses.
Grant of Limited Gratuitous License
Use of Content and Website
You agree to use the Content only as provided herein. You will not use the Content, or any portion thereof, for other than personal, non-commercial purposes and any use by you will at all times be in compliance with applicable laws and regulations. You will not do, or fail to do, anything which may interfere with or impede the operation of the Website or adversely impact the ability of others to access or use the Website or any Content.
You agree to defend, indemnify and forever hold Shift, its directors, officers, employees, contractors, partners, affiliates and related companies harmless from any and all claims, suits, demands, liabilities, costs and expenses, including reasonable legal fees on a solicitor and client basis, related to or arising out of any violation of these Terms and Conditions by you, or in connection with your use of the Content or the Website, or with the transmission of any message or information by you to Shift.
Products and Services
While Shift makes commercially reasonable efforts to be accurate, Shift does not warrant or represent that any descriptions of the products or services contained in the Content or available via this Website are accurate, current, free of errors or reliable. All such information is subject to change without notice. No listing of any product or service on this Website or in the Content shall constitute an offer open to acceptance, but only an invitation to consider communicating with Shift with respect to the possibility of entering into a business or contractual relationship with Shift.
Monitoring and Communications
Shift Documents And Forward Looking Statements
Where any documents on this Website have been filed in accordance with applicable securities law, such documents are not necessarily the official versions of Shift’s securities law disclosure documents. No content or material on this Website constitutes an offer to purchase or sell or a solicitation to buy or otherwise deal in the securities of Shift.
This Website may contain documents which include or constitute forward-looking statements related to the operations of Shift, or its affiliates or subsidiaries, and which are based on the operations, estimates, forecasts and projections of Shift. Such statements are not guarantees of future performance, involve risks and uncertainties which are difficult to predict and which are beyond the control of Shift. Such statements relate to the date on which they are made. A number of important factors, including, without limitation, product and service prices and volumes, actions of competitors, and general regulatory, legal, economic, business and market conditions, as well as other factors set forth in public filings, could cause actual outcomes and results to differ materially from those expressed in such statements. Content using worlds such as “outlook”, “anticipate”, “expect”, “estimate”, “forecast” and similar expressions will constitute such forward-looking statements. Shift expressly disclaims any obligation to update, amend or revise such statements, whether as a result of new information, ongoing developments, events occurring following the date of such statements or otherwise.
Territory and Regulatory Environment
THE WEBSITE AND THE CONTENT ARE PROVIDED AT ALL TIMES STRICTLY ON AN "AS IS, WHERE IS" AND AS AVAILABLE" BASIS. SHIFT DISCLAIMS, AND YOU RECEIVE, NO WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR IN FACT OR BY OPERATION OF LAW, STATUTE OR EQUITY, OR ARISING OUT OF ANY CUSTOM OF USAGE OR TRADE, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT, OR YOUR ACCESS TO, OR USE OF, EITHER THE WEBSITE OR THE CONTENT.
WHILE SHIFT GENERALLY MAKES COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE ACCURACY AND TIMELINESS OF THE CONTENT AND TO MAINTAIN THE AVAILABILITY OF THE WEBSITE ONLINE, SHIFT DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS OR CLAIMS AS TO THE VALIDITY, CORRECTNESS, CURRENCY, TIMELINESS, COMPLETENESS, OR OTHERWISE OF THE CONTENT OR ANY INFORMATION PROVIDED, INCLUDING, BUT NOT LIMITED TO, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SATISFACTORY RESULTS, COMPLIANCE WITH ANY DESCRIPTION, OR NON-INFRINGEMENT OR NON-MISAPROPRIATION OF THIRD PARTY RIGHTS.
SHIFT DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE WEBSITE WILL OPERATE ERROR FREE OR BE AVAILABLE WITHOUT INTERRUPTION, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE OR DEVICES.
SHIFT ACCEPTS NO RESPONSIBILITY TO UPDATE THE WEBSITE OR THE CONTENT, OR ANY MATERIAL DOCUMENT CONTAINED THEREIN. THE CONTENT CANNOT BE RELIED ON AS SPECIFIC LEGAL, ACCOUNTING, BUSINESS, INVESTING, FINANCIAL OR TAX ADVICE AND SHIFT ACCEPTS NO RESPONSIBILITY WITH RESPECT TO ANY OF THE FOREGOING.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHIFT, OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE OR RESPONSIBLE TO YOU, OR ANY PERSON CLAIMING THROUGH YOU, FOR ANY LOSS, CLAIM, COST OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OF ACTIVITIES, FAILURE TO REALIZE EXPECTED REVENUE OR SAVINGS, OR LOSS OF DATA, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, AND WHETHER ARISING OUT OF ANY USE OR MISUSE OF THE WEBSITE AND/OR THE CONTENT, OR ANY INTERPRETATION, RELIANCE UPON OR OTHER USE, AUTHORIZED OR UNAUTHORIZED, OF THE CONTENT OR ANY INFORMATION AVAILABLE VIA THE WEBSITE OR ANY THIRD PARTY WEBSITES OR LINKS THERETO. UNDER NO CIRCUMSTANCES WHATSOEVER WILL SHIFT, OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE FOR ANY SUCH CLAIM IN EXCESS OF ONE HUNDRED ($100.00) DOLLARS. THE FOREGOING PROVISIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY.
Third Party Links
This Website may contain links to other websites maintained by independent third parties over which Shift has no control. Any such links are provided solely as a convenience for users of this Website and do not constitute an endorsement by Shift of the content of such third party sites. Shift makes no representations and disclaims all responsibility for the privacy practices, contents or accuracy of content on any such third party website. Your use of such links is solely at your own risk. Links to this Website may also be provided from other sites either known or unknown to Shift and access to any other website linked to or from the Website is at your own risk. The Internet is not a secure medium and is subject to possible interception, loss, corruption, or alteration of communication for which Shift assumes no liability.
Any and all monetary amounts mentioned in this website are in Canadian dollars unless otherwise noted.
Governing Law, Forum and Limitations