These Terms of Use are issued by Nextshiftventures.net (the “Website,” the “Company,” “we,” “us,” or “our”). Together with our Privacy Policy and any updates or amendments that apply (jointly, the “Agreement”), these Terms form a legally binding contract between you (“you,” “your,” or “user”) and the Company, which includes its directors, officers, parent companies, subsidiaries, and agents. The Agreement covers your access to and use of the Website, and your use or attempted use of the Company’s products and services. By continuing to access or use the Website, you agree to be bound by the Agreement, and it can be enforced against you just as if you had signed it in writing.
Arbitration and Class Action Waiver
By accepting these Terms, you also accept the agreement to arbitrate and the class action waiver set out in Section 5 below.
1. Who Can Use the Website
You may use the Website only if you are 18 or older and legally able to enter into a binding contract under applicable law. Users who are 13 or older may use the Website if a parent or legal guardian has given consent and accepts these Terms for them. The Website is not meant for children under 18. By accessing or using the Website, you confirm that you are at least 18 years old.
The Website’s services and content are meant for people who live in the 48 contiguous United States, Alaska, and Hawaii.
2. Ownership of Content
Everything available on the Website, including without limitation text, images, logos, software, music, video, audio, photos, and material provided by sponsors, vendors, or third-party advertisers, is protected by copyright, trademark, and patent law and by other proprietary rights (“Intellectual Property Rights”). We give you a limited, non-exclusive, revocable, non-transferable license, with no right to sublicense, to view, copy, and print material from the Website for your personal use or to place orders, as long as you leave all copyright and other proprietary notices on that material in place.
Nothing in the Agreement or on the Website gives you, directly or by implication, any other right or license under the Intellectual Property Rights of the Company or any third party. We keep all rights that are not expressly granted here.
Unless the Agreement expressly allows it, you will not: (i) upload, store, send, or distribute any file that contains a virus, worm, trojan horse, logic bomb, or other harmful technology; (ii) try to discover or access the Website’s source code, algorithms, or systems; (iii) disrupt or try to disrupt the Website or any network connected to it, or get around any security measure; (iv) delete or change any copyright or proprietary notice on the Website’s content; (v) use automated scripts to collect data from, or interact with, the Website without permission; (vi) change, adapt, decompile, reverse engineer, or create derivative works from the Website; (vii) sell, distribute, license, or transfer all or part of the Website; or (viii) break any law or any term of the Agreement.
3. Affiliate Links
The Website may link to third-party affiliate websites that sell products and services. If you click one of these links and buy something from the affiliate website, we may earn a commission, and it costs you nothing extra. We include these links to make the Website more useful to you. We do not check, review, or monitor the identity, security, or trustworthiness of any third-party affiliate website, and we do not guarantee that the information on those websites is accurate. You agree that we are not responsible for any damage, loss, or problem that comes from your use of a third-party website, its content or offers, or any agreement you make with a third-party affiliate. We have no duty to enforce any agreement between you and a third-party affiliate, and we do not have to step into any dispute between you. You agree not to make us a party to any lawsuit, investigation, or arbitration over a disagreement between you and a third-party affiliate.
4. Jobs and Third-Party Offers
To see relevant jobs, employment listings, and related resources on the Website, you may be asked to share personal information, fill out surveys, look at third-party offers, and agree to be contacted by our marketing partners. You do not have to take part in or buy any third-party offer to see job listings or employment opportunities. We do not promise that any third-party partner will contact you or hire you because you completed a survey or offer. We provide job listings and third-party offers as a convenience, and we are not responsible for the participation terms or the availability of any employment or recruiting opportunity offered through a third-party website. We are not liable if a job opening is no longer available, or if you are not contacted or hired because of a third party’s terms, qualification requirements (such as location or relevant experience), refusal of service, or a communication breakdown. To keep the Website free, we may be paid, at no cost to you, when you take part in optional third-party offers on the Website.
Please note that we do not review, approve, or endorse any job, employment, or recruiting opportunity offered by a third party. When you click a link to one of these opportunities, you will leave the Website and go to the third party’s website, which may collect personal and non-personal information about you. Your use of those websites and their job listings is governed by their own terms and privacy policies, which we encourage you to read. You agree that we are not a party to any agreement you make with a third party about a job opportunity, and we have no responsibility for carrying out any obligation under such an agreement. You also agree not to make us a party to any lawsuit, investigation, audit, or dispute with a third party about these opportunities.
Neither the Company nor its agents will be liable for any direct or indirect result of anything done, or not done, based on the information, services, or other material on the Website. The Company works to keep the information on the Website accurate, complete, and current, but it does not guarantee this and will not be responsible for any loss or damage caused by errors, gaps, or delays in updating the Website’s content.
No Warranties
The Website is provided “as is” and “as available.” Except as these Terms expressly state, and to the fullest extent the law allows, we disclaim all warranties of every kind, express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising under the Uniform Commercial Code or from usage of trade, course of performance, or any other legal theory.
Without limiting the above, the Company does not promise that: (i) the Website will be available on time, securely, without interruption, or without errors; (ii) the Website will meet your needs or expectations; (iii) any defects will be fixed; (iv) the Website will be free from viruses, trojan horses, worms, logic bombs, or other harmful software; or (v) any results you get from using the Website will be accurate or reliable. You agree that the Company is not responsible for any material or data you get or download through the Website. You use the Website entirely at your own risk and are fully responsible for any damage to your computer system or loss of data from downloading material. Except as these Terms expressly state, no advice or information, written or spoken, that you get from the Company or through the Website creates a warranty.
5. Arbitration and Class Action Waiver
You and we both agree that every dispute or claim, with or against any party, that relates to or arises from your access to or use of the Website, or any product or service sold, offered, or purchased through the Website, will be decided only through final and binding arbitration and not in court. The one exception is that you may bring a claim in small claims court if your claim qualifies. The Federal Arbitration Act governs how this arbitration section (the “Agreement to Arbitrate”) is interpreted and enforced.
No Class or Representative Actions and No Non-Individual Relief
You and we agree that each of us may bring claims that relate to or arise from your access to or use of the Website, or any product or service sold, offered, or purchased through the Website, only on an individual basis. Neither of us may bring such a claim as a plaintiff or class member in any purported class or representative action or proceeding, including without limitation actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq. Unless both parties agree otherwise, the arbitrator may not oversee any consolidated, class, or representative proceeding of any kind, and may not combine or join the claims of more than one person or party. The arbitrator may award injunctive, monetary, declaratory, or other relief only in favor of the individual party seeking it, and only to the extent needed to provide relief warranted by that party’s own individual claim(s). No relief awarded will affect any of our other users.
How Arbitration Works
The arbitrator, and not any federal, state, or local court or agency, has sole authority to decide any dispute about the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, or the Agreement as a whole, including without limitation any claim that all or part of the Agreement to Arbitrate or the Agreement is void or voidable.
The arbitration will be run by the American Arbitration Association (“AAA”) under its rules and procedures, including, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The AAA’s rules and a form to start an arbitration are available on the AAA’s website at http://www.adr.org.
The arbitration will take place in the county where you live or at another location both parties agree on. If the value of the relief sought is $10,000 or less, either party may choose to have the arbitration conducted by phone or decided only on written submissions. That choice will bind both parties, although the arbitrator may still require an in-person hearing if the circumstances call for one. Unless the arbitrator decides otherwise, either party may join an in-person hearing by phone.
The arbitrator will decide the substance of all claims under the applicable laws of the State of Missouri, including recognized principles of equity, and will respect all legally recognized claims of privilege. The arbitrator is not bound by rulings in earlier arbitrations involving our other users, but is bound by rulings in earlier arbitrations involving the same user to the extent applicable law requires. The arbitrator’s award will be final and binding, and judgment on the award may be confirmed or entered in any court with jurisdiction.
This arbitration provision will continue to apply after this Agreement to Arbitrate ends and after your account (if any) is closed or you stop accessing or using the Website or any product or service sold, offered, or purchased through it.
Arbitration Costs
Unless this Agreement to Arbitrate says otherwise, all filing, administration, and arbitrator fees (“Arbitration Costs”) are governed by the AAA’s rules. If the value of the relief sought is $10,000 or less, the Company may, if you ask, pay all filing, administration, and arbitrator fees for the arbitration. We will arrange to pay the Arbitration Costs to the AAA only for requests that are mailed to the AAA together with the demand for arbitration. If the value of the relief sought is more than $10,000 and you show that the costs of arbitration would be prohibitive compared with the costs of litigation, we will pay whatever portion of the Arbitration Costs the arbitrator considers necessary to keep the arbitration from being cost-prohibitive. If the arbitrator finds your claim(s) to be frivolous, you agree to repay us all Arbitration Costs we paid for you that you would otherwise have owed under the AAA’s rules.
Confidentiality
The parties will keep the arbitration proceedings and the award strictly confidential, except where a court order requires otherwise, where disclosure is needed to confirm, vacate, or enforce the award, and for confidential disclosure to each party’s attorneys, tax advisors, and senior management, and to the family members of a party who is an individual.
Severability
If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the rest of the Agreement to Arbitrate will remain fully in effect, except as follows. If an arbitrator or court decides that any part of the “No Class or Representative Actions and No Non-Individual Relief” provision above is invalid or unenforceable, the entire Agreement to Arbitrate will be null and void. In either case, the validity, legality, and enforceability of the rest of the Agreement will not be affected.
6. Permission to Contact You
When you submit your phone number and sign to give consent on the Website, you allow the Company, its subsidiaries, affiliates, and agents, and up to 30 Marketing Partners, to contact you at that number. These contacts may include live, automated, or prerecorded calls, text messages, or emails about their products or services. You understand that your phone carrier may charge you for these communications. Giving this consent is not required to buy any product or service, and you can take it back at any time by any reasonable means.
When you enter your email address, you give each third party you are matched with your express permission to email you at that address. You agree that these emails will follow all local, state, and federal laws and will not be treated as spam. You also confirm that everything in your submission is true and accurate.
7. Recording and Monitoring of Calls
If you call the Website, you agree that the Company may record or monitor the call as allowed by applicable law, including 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other state laws on call monitoring. You allow the Company to record these calls and to use the information from them as described in the Privacy Policy. We have no obligation to monitor or record calls for accuracy, completeness, or quality.
8. Copyright Complaints (DMCA)
If you own a copyright, are authorized to act for a copyright owner, or are authorized to act under any exclusive right under copyright, you can report suspected infringement on or through the Website by sending a DMCA infringement notice to our Designated Agent. Once we receive your notice, we will take whatever steps we decide, in our sole discretion, are appropriate, which may include removing the material in question from the Website. Your notice should include:
A description of the copyrighted work you claim has been infringed or, if several works are involved, a representative list of them.
A description of the material you claim is infringing, or is part of infringing activity, and should be removed or disabled, with enough detail for us to find it.
A statement that you believe in good faith that the use of the material described is not authorized by the copyright owner, its agent, or the law.
A statement that the information in your notice is accurate and that you are authorized to act for the owner of the exclusive right that is allegedly being infringed.
The full name and electronic or physical signature of the person authorized to act for the owner of the exclusive right that is allegedly being infringed.
Your contact details, including your email address, phone number, and a physical address where you can be reached.
Send all infringement notices with the details above to our Designated Agent at contact@nextshiftventures.net. Please note that a DMCA notice that does not fully meet the requirements of this section and 17 U.S.C. § 512(c)(3) may not be legally valid.
9. Limits on Our Liability
You expressly understand and agree that in no event will the Company or its agents, suppliers, parents, subsidiaries, representatives, or affiliates be liable for any special, indirect, incidental, exemplary, or consequential damages, including without limitation any loss of use, profits, data, or goodwill, or the cost of getting substitute services. This applies no matter how the damages came about and under any theory of liability, whether contract, tort (including without limitation negligence and strict liability), or otherwise, and whether they result from (1) your use of, or inability to use, the Website; (2) your use of, or inability to use, items bought from third-party websites linked on the Website; (3) the cost of getting substitute services or items; or (4) any other matter related to the Website.
10. Indemnity
You agree to indemnify and hold harmless the Company and its directors, officers, employees, agents, parents, subsidiaries, affiliates, co-branders, and suppliers from and against all claims, demands, liabilities, losses, disputes, damages, and costs of any kind, including without limitation reasonable attorneys’ fees and litigation costs, that result from or are in any way connected with: (i) your use of the Website; (ii) any information sent or submitted through the Website; (iii) any privacy, tort, or other claim (for example, a claim under the Telephone Consumer Protection Act (TCPA) or a similar state law) relating to personal information, such as a phone number, that you give the Company but that does not belong to you, in violation of the Agreement; and/or (iv) your breach of the Agreement.
11. Changes to These Terms
The Company may change these Terms at any time, in its sole discretion, by posting an updated version on the Website. We do not give advance notice of changes. If you keep using the Website after the Terms are updated, you accept the updated Terms. We suggest reviewing the Terms regularly so you know about any changes.
12. Other Terms
The Company may, at its discretion, assign, transfer, or delegate any of its rights or obligations under these Terms to any third party. Your representations, warranties, and indemnification obligations will continue after your account or your relationship with the Company is terminated or canceled. If the Company delays in using any right or remedy, that delay is not a waiver and does not stop the Company from using that right or remedy later. A waiver only counts if it is in writing and approved by the Company. These Terms replace all earlier terms and representations made by the Company, whether written, spoken, or otherwise.
13. Contact Us
If you have questions or concerns about the Agreement, please email us at contact@nextshiftventures.net.