TERMS AND CONDITIONS

Last Updated on August 24, 2022

NOTICE: Please read the terms and conditions set forth below, which are legally binding. By visiting, viewing or using this website and/or by using any program, product, course or service from us, you agree to be bound by these Terms and Conditions and our Privacy Policy and Disclaimer.

PLEASE READ THE SECTIONS TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” AS THEY AFFECT YOUR LEGAL RIGHTS.

The Shift Spot™, https://www.TheShiftSpot.com; https://theshiftspot.mn.co/feed (“website”), which is operated by The Shift Spot™ LLC (“Company”, “we”, “us”, or “our”) provides visitors information on the website subject to the following terms and conditions (“Terms and Conditions”). The term “you” refers to any visitor, viewer or user of the website and/or any user of any free or paid program, product, course or service of the Company (each, a “Product”).

By viewing, visiting or using the website and/or a Product, you indicate your acceptance and agreement to be bound by these Terms and Conditions and our Privacy Policy and Disclaimer, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not accept the terms and conditions of this Agreement, then please do not use the website or any Products. These Terms and Conditions were created with the help of the Plug and Law and Privacy Policy Solutions.

We reserve the right to amend this Agreement at any time without notice to you. We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become immediately effective. It is your responsibility to check for updates, as your continued use of the website or any Products after this Agreement is amended will constitute your acceptance and agreement to continue to be bound by this Agreement, as amended.

DISCLAIMER
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

The United States AND OVER 18 USE ONLY
The website is intended only for individuals over the age of 18 residing in The United States. We do not make any representations that this website is appropriate or available for use outside of The United States. If you access the website or any of our Products from outside of The United States, you do so at your own risk and on your own initiative. It is solely your responsibility to ensure compliance with applicable laws in your specific jurisdiction.

GUIDELINES FOR USE
We have established certain guidelines to keep our community safe (“Guidelines”). By visiting or using the website or any Product, you agree to abide by these Guidelines, which are as follows:

  • You will comply with all applicable law;
  • You will not upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
  • You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
  • You will not upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
  • You will not upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual;
  • You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
  • You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
  • You will not attempt to gain unauthorized access to any portion of the website or any of the Products;
  • You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
  • You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
  • You will not engage in market research or any research intended to help a competitor;
  • You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
  • You will not block or cover any advertisements on the website;
  • With the exception of any personal information you share (which is covered under our Privacy Policy), once you upload, post, send, email, or otherwise make available any material, we have the right to display, repurpose or otherwise use such material in any way; and
  • You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.
  • We reserve the right to deny you access to the website and any Products in our sole discretion at any time and for any reason.

    INTELLECTUAL PROPERTY
    The website and its content and all Products, including but not limited to videos, networks, coursework, training modules, photographs, sound recordings, images, digital content, material available as a free download, software, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).
    While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:
  • Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices; and
  • You may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so.

    It is in our sole discretion to give written consent for you to reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, copy or otherwise use our Intellectual Property. If you have any questions, please contact us using the contact information provided below.

    You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.
    As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

    All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
    You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

    The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

    The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

    NO WARRANTIES
    Your use of this website and any Products is entirely at your risk, as the website and our Products are provided on an “as is” and “as available” basis. We do not make any express or implied warranties or representations relating to the website, its content and our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. We also do not make any express or implied warranties or representations that the website will operate without error or that the website, the servers relied on, our Products and any content is free from computer viruses or other potentially harmful or destructive features. Some jurisdictions do not permit the exclusion of certain warranties. As such, some of the exclusions referenced in this section may not apply to you.

    LIMITATION OF LIABILITY
    To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access this website or any Products or your reliance on any advice, opinion, information, representation or omission contained on, or received through this website or any Products, even if we have been advised of the possibility of such damages occurring. This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.

    THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
    THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

    INDEMNIFICATION
    You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of this website or any of our Products, (ii) your breach of this Agreement, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights. We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel. You agree to cooperate and assist us in defending any such Claim.

    LIMITED LICENSE
    Notwithstanding any other provisions in this Agreement, if you purchase any Products or download any of our free Products, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access the Products for your personal and non-commercial use. You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Products for any commercial or non-personal use.
    Your License is for individual use. You have no right to assign any of your rights or transfer any of your obligations under this Agreement. If we discover that any violation of the terms and conditions in this Agreement has occurred, including violation of the License granted to you, we reserve the right to terminate your access to the Products and invoice you for any damages.

    EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
    Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
    We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications because of a court order.

    CONFIDENTIAL INFORMATION
    Please do not upload, post, send, email, or otherwise make available any material that contains any confidential information.

    USE OF COMMUNICATION SERVICES
    The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
    By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

    The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

    The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

    FEES
    When you purchase any Product through this website, you are responsible for all applicable fees and taxes. It is your responsibility to provide complete, accurate and up-to-date billing and credit card information. If you are on a payment plan or recurring payment, it is your responsibility to keep an up-to-date payment method with us. If your payment method is declined or expired, you hereby agree to pay all applicable fees and taxes due upon demand. You also agree to pay all costs of collection, including but not limited to attorney’s fees, on any outstanding balance.

    WEBSITE AVAILABILITY
    Your access to the website or Products may be occasionally restricted, such as when we need to make repairs or are introducing new features. Your access to the website or Products may also become permanently disabled, such as if we decide to terminate the operation of the website or Products. We cannot guarantee that you will have continuous access to the website or Products.

    REFUND/GUARANTEE POLICY
    We reserve the right to change our refund/guarantee policy at any time. If you are not satisfied with a Product or Services, please contact us in writing and we will gladly issue you a refund, if warranted. We do not offer refunds for any of our Products or Services under any circumstances unless you as the member/user completed the annual membership and attended all events within the year of your membership start date. In addition to attending the events, you must have completed your GAP analysis questionnaire, attended all accountability sessions, and participated in the community as an active member. If these items are not met or completed, The Shift Spot reserves the right to not issue a refund or execute on the guarantee due to lack of performance.

    GOVERNING LAW
    All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of the State of Georgia, United States of America, without regard to conflicts of laws principles that would require the application of any other law.

    BINDING ARBITRATION
    You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, The Company’s Network on Mighty Network any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
    To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Atlanta, GA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration

    INJUNCTIVE OR OTHER EQUITABLE RELIEF
    We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property. All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely in the state or federal courts of the State of Georgia, United States of America. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.

    CLASS ACTION WAIVER
    You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company. YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

    ENTIRE AGREEMENT
    This Agreement, the Privacy Policy and Disclaimer contain the entire agreement between you and the Company with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, with respect thereto.

    TERMINATION OF AGREEMENT
    We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the website and all Products at any time and for any purpose without prior notice. We also reserve the right to discontinue any or all of the website or Products at any time and for any purpose without prior notice.

    GUESTS
    The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guests in Mighty Networks, guest blog post, moderate a cohort or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests. Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

    SEVERABILITY
    If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.

    MISCELLANEOUS
    Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right.

    Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions. They shall not be considered in construing or interpreting this Agreement.

    The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement. You may not assign any of your rights or transfer any obligations under this Agreement to any other person.

    If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.

    Disclaimer Regarding Audio/Video Recording of Events
    Disclaimer Regarding Audio/Video Recording of Events/Meetings When you participate in a Mighty Networks or Shift Spot event or network meeting either live or virtual. You will be participating in an event where photography, video and audio recording may occur.

    By participating in the Shift Spot™ or Mighty Network meeting, you consent to video recording, audio recording and/or photography and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on web sites, or for any other purpose(s) that The Shift Spot™ LLC, its vendors, partners, affiliates and/or representatives deems fit to use. You release The Shift Spot™ LLC owners, staff and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings.

    *By providing your phone number, you agree to receive text messages from The Shift Spot or its 3rd party affiliates. Message and data rates may apply. Message frequency varies. You may opt-out by replying STOP.

    *The Shift Spot will not sell or transfer any personal information, including phone numbers, for any reason whatsoever, including marketing purposes.


    By entering the event premises (conference venue or Zoom meeting platform or Mighty Networks Platform), you waive all rights you may have to any claims for payment or royalties in connection with any exhibition, streaming, webcasting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by The Shift Spot™ LLC or entity designated to do so by The Shift Spot™ LLC. In addition by attending The Shift Spot™ LLC event or entering the event premises (Live or Virtual), you agree not to record or digitize any parts of the presentation. If you attempt to use a recording device, you consent to your immediate removal from the premises or virtual platform (i.e. – Zoom) and forfeiture of your access to the event and will not receive a refund for any registration or monthly membership fees. You have been fully informed of your consent, waiver of liability, and release before participating in any Shift Spot™ LLC event.

    HOW TO CONTACT US
    If you have any questions, please contact us using the information below.
  • By email: winter@theshiftspot.com