TERMS & CONDITIONS OF USE

BY SUBSCRIBING TO THIS SERVICE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH SHALL PREVAIL IN GOVERNING YOUR RIGHTS OF USE. BY CLICKING THE "BECOME A MEMBER" BUTTON, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("YOU") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING "BECOME A MEMBER" MUST NOT BE SELECTED, AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.

1. DEFINITIONS

"Shift" refers to ShiftVision, Inc.
"You" refers to the user or subscriber.
"Software" refers to the Shift training content and software.

2. LICENSE: Shift hereby grants to You a worldwide, non-royalty bearing, non-exclusive license to use the Software according to the provisions contained herein and subject to payment of the applicable subscription fees.

3. RESTRICTIONS: You may not do any of the following:

Save the Software to Your hard disk or other storage medium; permit others to use the Software except as specified by addendum; modify, reverse engineer, decompile, or disassemble the Software; make derivative works based on the Software; publish or otherwise disseminate the Software. Shift, Inc., Shift Online University, and the Virtual Training Company site is owned and operated by Shift, Inc. as a corporation of record.
All materials on this site are the property of Shift unless otherwise specified. No material from these pages may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of U.S. copyright law and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

4. FEES: The rights granted under this Agreement are effective only upon payment of the subscription fees, which are strictly non-refundable other than as expressly provided herein. The term "monthly subscription" is defined as any 30 day period. The term "yearly subscription" is defined as one 365 day period. A yearly subscription ends on the same numerical date as it began (example July 28, 2004 to July 28, 2005).

The Shift Online University is access to every Shift training tutorial in our library. You pay a flat fee for access to these titles. You are billed according to your renewal selection below, and can renew monthly, yearly, or in any other increment offered. If you choose to be billed monthly, you will be billed every 30 days for the subscription until you request the subscription be cancelled. Our terms of service state that you must cancel a monthly subscription at least two business days before your renewal date. These two days give us enough time to ensure that you will not be charged again.

5. LIMITED WARRANTY: Shift warrants that the Software, if operated as directed, will substantially achieve the functionality described. Shift does not warrant, however, that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by the Software have inherent limitations, and You must determine that the Software sufficiently meets Your requirements. Shift also warrants that the media containing the Software, if provided by Shift, is free from defects in material from the date You acquired the Software. Shift's sole liability for any breach of this warranty shall be, in Shift's sole discretion: (i) to replace Your defective media or Software; or (ii) to advise You how to achieve substantially the same functionality with the Software as described; or (iii) if the above remedies are impracticable, to refund the subscription fee You paid for the Software. Only if You inform Shift of Your problem with the Software during the applicable subscription period will Shift be obligated to honor this warranty. Shift will use reasonable commercial efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described.

THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY Shift OR ITS SUPPLIERS. Shift MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF Shift IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.

6. PROPRIETARY RIGHTS: Shift reserves all proprietary rights in and to the Software, is protected by copyright and other intellectual property laws and by international treaties. ShiftVision, Inc.

Trademark Notice: Shift, Virtual Training Company, Inc., The Shift Logo, and Shift Online University, are trademarks of Shift, Inc. All other company and product names may be trademarks of their respective owners.
The information contained herein is subject to change without notice. Copyright © 2017 - 2018 ShiftVision, Inc. All rights reserved.

7. TERMINATION: This Agreement shall automatically terminate if You fail to comply with the restrictions described herein. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.

8. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Shift OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Shift BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT Shift RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF Shift SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM Shift'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

9. Links To Other Materials: Linked sites found at the Shift site are not under the control of Shift, and we are not responsible for the content of any linked site or any link contained in a linked site. Shift may change links based solely on our discretion, and we reserve the right to terminate any link or linking program at any time. Shift does not, by linking to sites, endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

Forums, and Chat are not always screened by Shift, and we are not responsible for the content of any public or open forum content at the site. Shift may change these public forums based solely on our discretion, and we reserve the right to terminate any forum at any time. Shift does not, by allowing these forums, endorse companies or products which may be mentioned in these forums, and reserves the right to note as such on its web pages. If you decide to access any of the public forums in this site, or linked to this site, you do this entirely at your own risk.

9. GOVERNING LAW & DISPUTE RESOLUTION: This Agreement is governed by Virginia law. All disputes between You and Shift shall be finally resolved through arbitration in Winchester, Virginia. This site is controlled by Shift from its offices within the United States of America. Shift makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the New York, USA.

Shift may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

If you have any questions regarding this policy, or your information specifically,
you may email us at:admin@Shiftvision.com.