Terms and Conditions

SwitchandShift.com is wholly owned and operated by Switch and Shift, LLC.

This Terms of Use policy sets forth the “Terms and Conditions” under which you may use SwitchandShift.com. Please read this section carefully. If you do not agree with or accept these Terms of Use, please do not use this website.

By using this website you are indicating your acceptance to be bound by these Terms and Conditions.

Switch and Shift, LLC is referred to in this document as “Switch and Shift” or as “Company.” All individuals or entities accessing this website for any reason are referred to in this document as “you(r)” or “user(s).”

Authorized Use of the Website and Materials-License

SwitchandShift.com may only be used for lawful purposes. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the site.

The contents of this website, including but not limited to its “look and feel,” text, graphics, images, logos, button icons, and software (collectively referred to as “material”) are protected under both United States and foreign copyright, trademark and other laws. All material is the property of Switch and Shift or its contributors, content suppliers or customers. The collection, arrangement and assembly of all content on this website are exclusively the property of Switch and Shift.

All Users of SwitchandShift.com are granted a non-exclusive license to view and download and/or print a single copy of the material, subject to the terms and conditions set forth in this section and solely for your personal, noncommercial use. Any other use of the Material is unauthorized and may violate copyright, trademark, patent and other laws. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited, unless prior written consent is obtained from Switch and Shift.

Prohibited Use of the Website and Related Materials

As a condition of your use of SwitchandShift.com, you specifically agree and represent to us that you will not use the site or materials for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to the following items:

  • You may not copy or adapt the HTML code created to generate this site’s web pages.
  • You may not sell or modify the material or aggregate, reproduce, display, publicly perform, distribute, or otherwise use the material on SwitchandShift.com in any way for any public or commercial purpose. The use of the material on any other website, or in a networked computer environment, for any purpose is prohibited without the express prior written consent of Switch and Shift, LLC. Upon request, Switch and Shift, LLC may grant permission to reproduce blog-related content with the understanding that: a) no content will be used until after 14 days from the original posting date on the originating site; b) the originating site will receive full attribution with a link back to the original posting, and; c) the content will not be altered in any way without the express prior written consent of Switch and Shift and the original author/creator, if applicable.
  • You may not use SwitchandShift.com to post, disseminate, distribute or store any of the following: material that is copyrighted, unless you own the copyright or have the copyright owner’s permission to post it; material that reveals proprietary or trade secret information, unless you own the trade secret or have the owner’s permission; material that infringes the intellectual property, privacy or publicity rights of others; material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another person or entity; material that is sexually-explicit or graphic, including images or statements; material that contains incomplete, false, misleading or inaccurate information; viruses or any other computer programming routines or engines designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or chain letters. In addition, advertisements that compete directly with the business operations of this site or Switch and Shift are strictly not allowed without express written consent of Switch and Shift.

Users of SwitchandShift.com agree they will not engage in any of the following activities: printing, copying or using any personally identifiable information from other users of SwitchandShift.com; sending or making of unsolicited e-mail, telephone calls, mailings or other contacts with individuals or entities that have registered on SwitchandShift.com; registering an e-mail address that is not owned by you or that you do not have the express permission of the owner to register; impersonating another individual or entity, including but not limited to Switch and Shift employees, representatives or agents; deleting or revising any material posted by any other person or entity; framing of or linking to any of the Material or information available from the website without permission to do so; and solicitation of a registered employer’s business by a competitor or for any other purpose.

Switch and Shift reserves the right to terminate the accounts of any registered user or subscriber of SwitchandShift.com and block access to our site from any individual who violates the provisions of this “Prohibited Use” section.

Use of this site that violates these stated Terms of Use will be acted upon immediately without refund of payment, if applicable.

This Site and Network Security Policies

Specifically prohibited are the following practices: allowing anyone other than you to use your password to access non-public areas of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose; sending unsolicited e-mail, including promotions and/or advertising of products or services to users of SwitchandShift.com; using any device, software or routine to interfere or attempt to interfere with the proper working of SwitchandShift.com or any activity conducted on the site including, without limitation, by virus submission, overloading, “flooding,” “spamming,” “mail bombing,” “crashing” or other activities that impose an unreasonable or disproportionately large load on SwitchandShift.com’s infrastructure or impacting other users’ usage; accessing or intentionally attempting to access data not authorized for the particular user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without prior written authorization; forging any TCP/IP packet header or any part of the header information in any e-mail; using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from this site on this website and other than generally available third party web browsers (for example, Mozilla FireFox, Apple Safari, Google Chrome or Microsoft Internet Explorer); or attempting to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.

Violations of the security policies of this website may result in civil or criminal liability. Switch and Shift will investigate occurrences that may involve security violations and may report such violations to law enforcement authorities and cooperate with them in prosecuting individuals who are involved in such violations.

Your Password, Personal Information, Content and Communications

You are responsible for maintaining the confidentiality of your password and all uses of your password, whether or not authorized by you. You agree to immediately notify Switch and Shift of any unauthorized use of your password. You are responsible for any and all damages to Switch and Shift resulting from the unauthorized use or distribution of your password.

When you register for some of the services on SwitchandShift.com, you must provide the Company with certain information. Please refer to this site’s Privacy Policy (which is fully incorporated by reference into these Terms of Use) for information on how we gather, use and protect your personal information.

As a user of the site, you are solely responsible for the form, content and accuracy of your own communications and are responsible for any consequences of their posting. Switch and Shift may take any action with respect to user-submitted information that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for Switch and Shift or may cause Company to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other suppliers or business partners.

By submitting content to any public or non-public area of the website, including message boards, forums, contests and chat events, you grant Switch and Shift and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that any other holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any this site’s subscriber to access, display, view, store and reproduce such content. Subject to the foregoing, you retain any and all rights that may exist in such content.

Other User Submissions

Switch and Shift does not represent, warrant, or guarantee the truthfulness, accuracy, completeness, timeliness or reliability of communications posted by users of the this site, nor does it endorse any opinions expressed by users. You agree that if you rely on material posted by other users, you do so at your own risk.

Switch and Shift has no obligation to, nor does it, review or screen all communications and materials posted on the website; it is not responsible for screening or monitoring material posted or sent by users. If a user observes communications which it believes does not conform to these Terms of Use and so notifies us, Switch and Shift will investigate the communication and determine, in good faith and in its sole discretion, whether to remove or request the removal of the communication, although the Company has no liability or responsibility to users for performance or nonperformance of such activities.

Switch and Shift reserves the right to block or remove communications or materials that it determines, in its sole discretion, are: abusive, libelous, defamatory or obscene; fraudulent, deceptive, or misleading; in violation of a copyright, trademark, or other intellectual property right of another; or offensive or otherwise unacceptable to the Company.

User authentication on the Internet is difficult, and Switch and Shift, LLC cannot and does not confirm that users of SwitchandShift.com are truthful about their identities. Because we do not and cannot be involved in user-to-user dealings or control the conduct of our users, in the event that you have a claim or dispute against or with one or more users, you release Switch and Shift (and our agents, officers and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dealings, conduct, claims or disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Warranty Disclaimers

SWITCH AND SHIFT DOES NOT WARRANT THAT ITS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND SERVER ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL RESULTS IN LOSS TO EQUIPMENT OR DATA, SWITCH AND SHIFT IS NOT RESPONSIBLE FOR SUCH LOSS. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS WEBSITE WILL BE FREE OF INTERRUPTION.

THIS WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SWITCH AND SHIFT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SWITCH AND SHIFT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS COMPRISING THIS WEBSITE. THE COMPANY MAKES NO WARRANTY THAT THIS WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

SWITCH AND SHIFT CONDUCTS NO INVESTIGATION AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MATERIAL POSTED ON ITS WEBSITES BY USERS. USE OF OR RELIANCE ON THE MATERIAL IS MADE AT THE USER’S OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME.

Limitation of Liability

In addition to other provisions in these Terms of Use wherein Switch and Shift has stated that it is not responsible for certain acts or omissions, or that the user has sole responsibility for such acts or omissions, the Company makes further limitation of its liability as follows:

This website may include links to advertisers’ and other third parties’ websites; however, Switch and Shift has made no independent inquiry into the products and services advertised on its site and makes no representations regarding the performance or quality of any product or service found at any third party site. Neither these sites nor the companies to whom they belong are controlled by Switch and Shift. The inclusion of any link on SwitchandShift.com does not imply the Company’s endorsement of the contents of these third party websites or the products or services offered at the site. Third party sites will usually have their own terms and conditions for use, including privacy policies, over which Switch and Shift has no control and which will govern your rights and obligations with respect to the use of those sites.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with these dealings, are solely between you and such advertiser. You agree that Switch and Shift is not responsible or liable for any loss or damage of any sort that is incurred as the result of any such dealings or as the result of the presence of advertisers on this site.

SWITCH AND SHIFT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATING TO ANY PRODUCT OR SERVICE ACCESSED OR PURCHASED FROM AN ADVERTISER OR OTHER THIRD PARTY WEBSITE LINKED THROUGH THIS SITE WEBSITE.

IN NO EVENT SHALL SWITCH AND SHIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOST PROFITS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR LOSS OF TIME, MONEY OR GOODWILL) RESULTING FROM OR RELATING TO THIS SITE WEBSITE OR MATERIALS, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE SWITCHANDSHIFT.COM OR MATERIALS; ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY MATERIAL POSTED ON THE SITE; OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SWITCH AND SHIFT, LLC IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF THE WEBSITE OR MATERIALS IS LIMITED TO $100.00 (US). IN NO EVENT SHALL ANY OF THESE INDIVIDUALS OR ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THIS AMOUNT.

NOTWITHSTANDING THE FOREGOING PARAGRAPHS, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, THESE LIMITATIONS MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR ANY EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF SWITCH AND SHIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $100.00 (US). IN NO EVENT SHALL ANY OF THESE INDIVIDUALS OR ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THIS AMOUNT.

Indemnity

You agree to defend, indemnify, and hold harmless Switch and Shift, its officers, directors, employees and agents, from and against all claims, demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of these Terms of Use or any activity related to use of SwitchandShift.com or Materials (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the site using your user name and password. Switch and Shift will promptly provide you notice of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Termination

Switch and Shift reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from its website and immediate termination of your access the site and/or any other service provided by SwitchandShift.com, upon your breach of these Terms of Use or if Switch and Shift is unable to verify or authenticate any information you submit to its website.

Additional Terms

You agree not to resell or assign your rights or obligations under these Terms of Use.

Switch and Shift may be required to temporarily or permanently modify or discontinue this website, at its sole discretion, and may not be able to provide its users with prior notice of such modification or discontinuation.

Any and all product pricing on SwitchandShift.com is subject to change at any time, without prior notice.

Switch and Shift makes no claim that this website or materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the website or materials from outside of the United States territories, you do so at your own risk and are responsible for compliance with the laws of your particular jurisdiction.

These Terms of Use are governed by the laws of the State of Nevada, without regard to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within Carson City, Nevada. If any action in law or in equity is necessary in order for Switch and Shift to enforce these Terms of Use, Switch and Shift will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses, in addition to any other relief to which it may be entitled.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in any additional terms of use for areas of the website, a particular “Legal Notice,” or Software License, or material on particular web pages, these Terms of Use constitute the entire agreement between you and Switch and Shift with respect to the use of its website and Materials.

Switch and Shift may revise these Terms of Use at any time at its sole discretion by updating this posting.

You should visit these pages periodically to review the Terms of Use, because they are binding on you. No changes to these Terms of Use shall be made, except by a revised posting on these pages.

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