Shiftboard

 
Shiftboard Web Service Terms of Use
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.


1. User Eligibility
The Shiftboard Web Site and all related software tools and services are provided by Shiftboard, Inc. and are available only to entities who can form legally binding agreement(s) under applicable law. If You do not qualify and are not an authorized agent, employee or associate to such entity, You are not permitted to use the Shiftboard Web Site.

 Back to Top

2. Scope of Terms of Use
These Terms of Use govern Your use of the Web Site and all applications, software, and services (collectively, "Services") available on the Web Site, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Web Site ("Service Agreement(s)"). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

 Back to Top

3. Modifications
Shiftboard may revise and update these Terms of Use at any time.  Your continued usage of the Web Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Shiftboard. Shiftboard may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. Shiftboard may establish or change, at any time, general practices and limits concerning other Shiftboard products and services in its sole discretion.

 Back to Top

4. Shiftboard Rate and Service Guide
The Shiftboard Rate and Service Guide applicable to You in effect at the time of scheduling govern Your use of Shiftboard transportation and related services obtained through this Web Site, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Web Site Terms of Use and the Service Agreement(s).  The Shiftboard Rate and Service Guide are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the Shiftboard Rate and Service Guide.

 Back to Top

5. Shiftboard Privacy Policy
The Shiftboard Privacy Policy governs the use of information collected from or provided by You at the Web Site.  With respect to any individual whose personal information is provided by You to Shiftboard, You represent to Shiftboard that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Shiftboard Privacy Policy, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

 Back to Top

6. License and Ownership
Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of Shiftboard, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress ("Marks") of Shiftboard, its affiliates or other entities that have granted Shiftboard the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Shiftboard. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without Shiftboard's or the appropriate third party's prior written permission. Except as expressly provided herein, Shiftboard does not grant to You any express or implied rights to Shiftboard's or any third party's Intellectual Property.

Shiftboard grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by Shiftboard, and (b) access and use the Shiftboard computer and network services offered within the Web Site (the "Shiftboard Systems") only in the manner expressly permitted by Shiftboard. Except for this limited license, Shiftboard does not convey any interest in or to the Shiftboard Systems, information or data available via the Shiftboard Systems (the "Information"), Content, Services, Web Site or any other Shiftboard property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Shiftboard. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Shiftboard.

 Back to Top

7. Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms of Use, You agree that:

(a) You shall not disguise the origin of information transmitted through the Web Site.
(b) You will not place false or misleading information on the Web Site.
(c) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Shiftboard.
(d) You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Web Site are restricted to customers of Shiftboard.
(f) You may not use or access the Web Site or the Shiftboard Systems or Services in any way that, in Shiftboard's judgment, adversely affects the performance or function of the Shiftboard Systems, Services or the Web Site or interferes with the ability of authorized parties to access the Shiftboard Systems, Services or the Web Site.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Shiftboard.

 Back to Top

8. Access to Scheduling Related Systems and Information through the Web Site
Your use and access of the Scheduling Related Systems and Information are subject to the following terms:

(a)  The "Scheduling Related Systems" are comprised of the Shiftboard Systems which are used to provide resource coverage scheduling and tracking at Shiftboard coverage locations and other functions and information related to the scheduling of resources via Shiftboard.  The Scheduling Related Systems and Information gained from such systems ("Scheduling Information") are to be used by You solely in connection with legal activities by or for You or on Your behalf and for no other purpose. 
(b)  The Scheduling Related Systems and Scheduling Information are the private property of Shiftboard.  Shiftboard authorizes You to use scheduling and communications functionality within the Scheduling Related Systems solely to track information tendered by or for You and for no other purpose.  Without limitation, You are not authorized to make the Scheduling Information available on any Shiftboard or Shiftboard client web site or otherwise reproduce, distribute, copy, store, use or sell the Scheduling Information for commercial gain without the express written consent of Shiftboard and any applicable client organization.  This is a personal service, thus Your right to use the Scheduling Related Systems and Scheduling Information is non-assignable unless otherwise authorized in writing.  Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
(c)  Any use in connection with the Scheduling Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.

 Back to Top

9. Links
(a) Outbound Links. The Web Site may contain links to third-party Web Sites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Shiftboard of the content on such Linked Sites. Shiftboard makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Shiftboard is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
(b) Inbound Links. Linking to any page of the Web Site other than to http://www.Shiftboard.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Shiftboard. Any web site or other device that links to http://www.Shiftboard.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Shiftboard or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Shiftboard or any of its affiliates, (e) presenting false information about Shiftboard products or services, and (f) using any logo or mark of Shiftboard or any of its affiliates without express written permission from Shiftboard.

 Back to Top

10. Submissions
Shiftboard does not accept ideas, concepts, or techniques for new services or products through the Web Site ("Comments").  If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Shiftboard and its affiliates are under no obligation to keep such information confidential, and (c) Shiftboard will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses. 

 Back to Top

11. Termination
You agree that Shiftboard, in its sole discretion, may terminate or suspend Your use of the Web Site, the Shiftboard Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.  Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content.  Accessing the Web Site, the Shiftboard Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass.  Further, You agree that Shiftboard shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the Shiftboard Systems, Information and/or the Services.

 Back to Top

12. Disclaimer of Warranties
SHIFTBOARD MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE SHIFTBOARD SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.

THE WEB SITE, THE SHIFTBOARD SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS.  SHIFTBOARD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  SHIFTBOARD AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE SHIFTBOARD SYSTEMS.  NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY SHIFTBOARD IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

 Back to Top

13. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT SHIFTBOARD IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, SHIFTBOARD IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHIFTBOARD, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE SHIFTBOARD SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHIFTBOARD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. 

 Back to Top

14. Forward-looking Statements
Except for historical information contained herein, the statements made in this Web Site constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of Shiftboard and its management regarding the company's strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory, economic and other effects from the events of September 11, 2001, strikes, work stoppages and slowdowns, governmental regulation, increases in aviation and motor fuel prices, cyclical and seasonal fluctuations in our operating results, and other risks discussed in the company's filings with the Securities and Exchange Commission, which discussions are incorporated herein by reference.

 Back to Top

15. Jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE SHIFTBOARD SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF KING, STATE OF WASHINGTON, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.  YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE SHIFTBOARD SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

 Back to Top

16. Governing Law and Language
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Washington, U.S.A. excluding (i) Washington’s conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.  To the fullest extent permitted by law, the controlling language for these Terms of Use is English.  Any translation has been provided for Your convenience, and You may view the English language version by (a) returning to the home page for the country that You have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Web Site Terms of Use located at the bottom of the page.

 Back to Top

17. General
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use.  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 of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 Back to Top

18. Written Document
You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

 Back to Top

19. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND SHIFTBOARD OR IN THE APPLICABLE SHIFTBOARD RATE AND SERVICE GUIDE, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND SHIFTBOARD WITH RESPECT TO THE USE OF THE WEB SITE, THE SHIFTBOARD SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF. 

 Back to Top

20. Customer Service
Questions or comments regarding the Web Site may be submitted to Shiftboard Customer Service.

 Back to Top

Close Window


Copyright  2001-2009 Shiftboard, Inc. All rights reserved.