Terms of Use.

By accessing and using any of the sites, visitors are acknowledging that they have read, understood, and agree to be legally bound by this privacy policy and our terms of use (the “terms of use”), which are hereby incorporated into this privacy policy and made a part hereof by reference (collectively, the “agreement”). If you do not agree to any of the terms in the agreement, you may not access or use the site. By signing up, accessing, and/or using the shift5 product(s), each customer and authorized user is agreeing to the terms of this privacy policy, the terms of use and the applicable master agreement.

If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Sites, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Sites. By continuing to access or use the Sites after we have posted a modification on the Sites, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Sites.

In addition to the Sites, Shift5 provides Customers and Authorized Users access to our products (the “Shift5 Product(s)”), subject to the terms and conditions of that certain Master License, Subscription and Services Agreement between each Customer and Shift5 (“Master Agreement”).

Eligibility

Shift5 is available only for adults aged 18 years or older.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

We reserve the right, in our sole and absolute discretion, to deny you access to the Sites or any portion thereof, without notice and without reason.

Ownership

The Sites is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Shift5 and its licensors exclusively own all right, title, and interest in and to the Sites, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Sites.

You may view all content on the Sites (the “Content”) for your own internal business use and not for any other use, including any commercial use, without the prior written consent of Shift5. We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access the Sites automatically terminates and you must immediately destroy any copies you have made of the Sites.

The trademarks, service marks, and logos of Shift5 (the “Shift5 Trademarks”) used and displayed on the Sites are registered and unregistered trademarks or service marks of Shift5. Other company, product, and service names located on the Sites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Shift5 Trademarks, the “Trademarks”). Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Shift5 Trademarks inures to our benefit.

Elements of the Sites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.