Terms Of Use
Your access to and/or any use of the Content (as defined below) on the Shift website ("Website") is conditional on your accepting and continuing to comply with the following disclaimers, limitations of liability and Website terms of use (collectively "Terms of Use"). Your use of the Website confirms your acceptance of the Terms of Use as amended at the time you access or use the Website. Shift may change these Terms of Use from time to time and at any time by posting the amended version on the Website but without other notice and you agree to check for such changes when you visit this Website. If you do not accept these Terms of Use, including any amendments or changes, then you should not access this Website.
Content
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
You are granted a limited, revocable, conditional and non-exclusive license to download, display and print the Content for personal, non-commercial use only, provided you do not alter the contents thereof or publish, disseminate, copy or distribute the Content on a wider basis. Any use not expressly permitted in these Terms of Use is strictly prohibited without the written consent of Shift. This license may be withdrawn or terminated at any time by Shift without notice or any liability whatsoever to you.
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.
Indemnity
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 may monitor your use of the Website and the Contents but accepts no obligation to do so. Shift reserves the right to monitor email and other electronic communications between Shift and third parties, including you, for the purposes of carrying out an investigation of any breach of these Terms of Use or any other contract, agreement or policy to which Shift is a party. Any communication between you and Shift will be subject to these Terms of Use and any personal information you provide to Shift shall be subject to our Privacy Policy. Shift does not guarantee or warrant the confidentiality of any communications via the Internet between you and Shift.
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
Shift operates in Canada. These Terms of Use are subject to any applicable legislation or regulations that may have an effect other than as stated herein. Shift reserves all its legal rights and protections under applicable laws, legislation and regulations. Shift's products and services are available only in Shift's territories of operations, and such territories are subject to change without notice.
Disclaimer
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.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHIFT, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL ACT TO DEROGATE FROM, ERODE OR REVOKE THE EFFECT OF THESE TERMS OF USE.
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.
Currency
Any and all monetary amounts mentioned in this website are in Canadian dollars unless otherwise noted.
Governing Law, Forum and Limitations
The laws of the province of Alberta, and the laws of Canada applicable in Alberta, will govern your use of this Website and/or the Content and the interpretation, validity and effect of these Terms of Use, notwithstanding any conflict of laws provisions or your physical location, residence or domicile. You hereby consent, submit and attorn to the exclusive jurisdiction of the courts of the province of Alberta in any action or proceeding related to this Website and the Content, or your reliance thereon or use or misuse thereof, or the interpretation or construction of these Terms of Use. You agree to not commence any action or proceeding except in Calgary, Alberta, Canada, provided that nothing in the foregoing will restrict Shift from seeking an injunction or other equitable relief in any court of competent jurisdiction if required to restrain breach or threatened breach of these Terms of Use by you. You will not use the Content in any suits, claims, proceedings or actions against Shift or its directors, officers, employees, contractors, agents, partners or affiliates. You will not commence any class action or similar proceeding on behalf of or as representative of any third party against Shift or its directors, officers, employees, contractors, agents, partners or affiliates.
General Terms
These Terms of Use will enure to the benefit of Shift and its heirs, successor and assigns. In the event that any portion of these Terms of Use is found to be invalid by a court of competent jurisdiction, such provision shall be severed from these Terms of Use, and the balance of these Terms of Use shall remain in full force and effect. Shift's failure to enforce or insist upon strict performance of any term or condition of these Terms and Conditions shall not constitute a waiver of any such term or condition or of subsequent compliance by you with these Terms of Use. These Terms of Use, being personal to you, may not be assigned, in whole or in part, by you.
