Terms of Use | Privacy Policy
© 2017 ShiftPlanning
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ShiftPlanning's Privacy Policy

ShiftPlanning© takes your privacy seriously. We have developed the following Privacy Policy for your protection.

  1. This Policy applies to all ShiftPlanning© Websites ("Websites"). Our Site includes links to other Websites whose privacy practices may differ from those of ShiftPlanning©. This Policy does not apply to other companies' or organizations' Websites to which we link. You should carefully review the privacy policies of those Websites in order to determine how they treat your personal information.
  2. This policy describes what types of information we gather about you, how we use it, under what circumstances we disclose it to third parties, and your rights to update or correct it.
  3. This policy does not apply to the practices of companies or Websites that ShiftPlanning© does not own or control, or to people that ShiftPlanning© does not employ or manage.

ShiftPlanning© has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements and TRUSTed Cloud Requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers information that is collected through this Web site, www.shiftplanning.com and information that is collected through our Cloud platform, and mobile application.

Validate TRUSTe privacy certification

TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy Trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at . If you are not satisfied with our response you can contact TRUSTe here.

Aggregate Data

We gather certain generic information with respect to users of our Website. Information may include number of unique visitors, the frequency with which they visit, and the areas on the Website that they favor. These statistics are very much like television ratings that tell the networks how many people tuned in to a program. We only use this type of data in the aggregate, on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our users use certain parts of our Website, which, in turn, enables us to make it as appealing and user friendly as possible. We may also share aggregate data of users' collective use of our Website with advertisers, sponsors, and other companies with which we do business ("Affiliates" or "Business Partners"). We do this so they, too, can improve functionality and offer services and materials that users want.

Cookies

We use "cookies" on our Website. Cookies are pieces of information or data sent to your browser from a web server and stored on your computer's hard drive for record-keeping purposes. Cookies tell our computer that you've visited before and help to make your visit more personal so you don't have to re-enter info on a return visit. Cookies also allow us to count the number of unique and return visitors who use our Website. We do not tie the information gathered to our 'Customers' or 'Users' personal information.

Our partners, affiliates, tracking utility company, service providers use both session ID and persistent cookies to make it easier for you to navigate our site, and to customize your experience while on our Websites. The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by our privacy policy. We do not have access or control over these cookies.

Our third party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, tags and scripts that help them better manage content on our site. We not tie the information gathered to our Customers’ or Users’ personally identifiable information.

Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser to notify you when you've received a cookie or, alternatively, to refuse to accept cookies. It is important to note that you may not be able to use certain features like checking out (and participation in certain offerings) on our Website if you choose not to accept cookies. Cookies can also enable us to track and target the interests of our users to enhance their experience on our Website.

IP Addresses

We collect and analyze traffic on our Website by keeping track of the IP addresses of our visitors. An IP address is a unique number assigned to your computer when you are using your browser on the Internet. We log this information so that we can monitor things like the number of visitors visiting the Website; however, we do not link your IP address to any personal identifying information.

Social Media Widgets

Our Web site includes Social Media Features, such as the Facebook and Twitter buttons and Widgets or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Personalizing Your Experience on the Website

We try to personalize your experience on our Website by tracking shift requests, shift trade requests, vacation requests, etc. and other content you may have sent or received. From time to time, we may send you surveys or solicit your feedback. We use surveys to gauge user interest in new products and premiums we may offer, as well as to try and enhance your experience with the Website, by creating additional services, or optimizing those services that already exist. We will ask for your feedback on many site features. We may also use the information to alert you to offers and products in which you may be interested in.

Information Gathered From Members

If you elect to contact us, setup a free trial or purchase a product on a ShiftPlanning© owned website, you will be required to provide us with certain personal information, including your name, e-mail address, credit card number, expiration date, and billing address (this required information is subject to change from time to time). There may also be opportunities for you to provide us with additional information regarding your preferences and interests. This information, however, is not required and is completely optional on your part. Additional data may be collected from you based upon certain services you elect to utilize on our Website. By obtaining this information, we can provide our users with specific content and advertising in which they might be interested. None of this information is required to use our service or to become a user; however, the omission of certain types of data will limit the value of your use of these features. If you become a user of our Website or from one of our affiliated Website, we may share your registration information with the affiliates.

When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID"). We do not ask for, access or track any location based information from your mobile device at any time while downloading or using our Mobile Apps or Services.

You can also log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

Uses of Personal Information

If you have provided us your consent via opt-in subscription, we may use the information we have collected about you in ten ways:

  1. To send personalized, targeted information that we think our users will find relevant, either from ShiftPlanning© or directly from its Business Partners;
  2. To support any of your requests like order processing;
  3. To send promotions, offers, advertisements and coupons based on user interests;
  4. To contact the user for feedback and surveys;
  5. To send the user other information about ShiftPlanning© or its Business Partners. These communications include but are not limited to e-mail, postal mail and SMS messages;
  6. To respond to your questions or the comments that you fax or email to us;
  7. To provide you with newsletters or other subscription information;
  8. To distribute to sponsors and advertisers who run the promotions and/or for purposes of marketing by our sponsors and advertisers;
  9. To run chatrooms, blogs, discussion groups and bulletin boards and
  10. To gather aggregate information on website use and to provide services to the public of a general or specific nature, paid or unpaid.

The use of information collected through our platform service shall be limited to the purpose of providing the service for which the client has engaged ShiftPlanning.

Information Related to Data Collected through the ShiftPlanning Platform ShiftPlanning collects information under the direction of its clients, and has no direct relationship with the individuals whose personal data it processes.

Information Related to Data Collected through the ShiftPlanning Platform

ShiftPlanning collects information under the direction of its clients, and has no direct relationship with the individuals whose personal data it processes.

Choice

We collect information for our clients, if you are a customer of one of our clients and would no longer like to be contacted by one of our clients that use our service, please contact the client that you interact with directly.

Service Provider, Sub-Processors/Onward Transfer

ShiftPlanning may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the provisions in this policy regarding notice and choice and the service agreements with our clients.

Access to Data Controlled by our Clients

ShiftPlanning has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the ShiftPlanning’s client, the data controller. If the client requests ShiftPlanning to remove the data, we will respond to their request within 30 business days.

Data Retention

ShiftPlanning will retain personal data we process on behalf of our clients for as long as needed to provide services to our client. ShiftPlanning will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at . To opt out of push notifications, please edit settings at the device level.

All decisions we make involving personal information are based on accurate, complete and up-todate information. We rely on you, however, to disclose all material information and to inform us of any relevant changes or corrections as they may relate to you. If your personal information changes, you may correct, update or delete it by making the change on the member information page of your online account or email us at . We encourage you to contact us as soon as possible, and we will make the appropriate reasonable corrections or amendments, upon receipt of appropriate evidence.

We will retain personal information only as long as is required for the purposes we describe and as is required under law. Once personal information is no longer required (or if you have opted-out or withdrawn your consent), it is our practice that it is destroyed, deleted or made anonymous.

On-Site Advertising

We partner with third party ad network(s) to either display advertising on our Digital Properties or to manage our advertising on other sites. Our ad network partners use cookies and web beacons to collect non-personally identifiable information about your activities on this and other web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Google AdSense/Adwords

We use Google AdSense to publish ads on this site. When you view or click on an ad a cookie will be set to help better provide advertisements that may be of interest to you on this and other Web sites. You may opt-out of the use of this cookie by visiting Google’s Advertising and Privacy page: http://www.google.com/privacy_ads.html

Web Beacons

ShiftPlanning uses Web Beacons alone or in conjunction with cookies to compile information about our Digital Properties. Web Beacons are tiny graphic object that are embedded in a web page or email and is usually invisible to the user but allows checking that a user has viewed the page or email. Web Beacons may be used within the Digital Properties to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by Web Beacons to our customers’ Collected Information. For example, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

Third Party Tracking Technologies

The use of cookies and web beacons by any tracking utility company or third party service provider is not covered by our privacy statement. We do not have access or control over these cookies.

Analytics Software

We and our third party tracking-utility partners use log files on our Digital Properties to gather certain information automatically and store it for analytical purposes. This information includes internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information to track and aggregate no-personal information to analyze trends, administer the site, track users’ movements around our Digital Properties and to gather demographic information about our user base as a in the aggregate.

Privacy of Website Information

This policy applies to all aspects of our Website, including your personalized messages, attached photos or graphics, or other personal content. We do not monitor or edit the contents of the online messages/ information you send. On occasion, however, we may need to view your messages in connection with the maintenance of our network.

Information Disclosure

We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.

We may also provide your personal information to companies that provide services to help us with our business activities such as offering you customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary:

  1. To comply with legal process such as a search warrant, subpoena or court order;
  2. To protect the company's rights and property;
  3. To investigate reports of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages;
  4. To protect ShiftPlanning© against misuse or unauthorized use of our Website and/or the ShiftPlanning© service; or
  5. During emergencies, such as when we believe someone's physical safety is at risk.
  6. To any third party with your prior consent to.

Sale of Assets

In the event that ShiftPlannning© and/or its units or subsidiaries are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases together with any personal information contained therein, to a third party acquiring ShiftPlanning© assets. You will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Data Security

When you place orders for purchased products or access your payment information, we use an advanced encryption technology known as Secure Socket Layer (SSL) to protect the storage and transfer of your data from unauthorized parties. While on a secure page, such as our registration form, a lock or key icon appears on the bottom of your web browser. In addition to our online security efforts, we take reasonable steps to protect your personal data offline, as well. All of your information, not just the sensitive information mentioned above, is restricted in our offices. Our main servers are operated from a dedicated Internet hosting facility with state-of-the-art physical security features, including smoke detection and fire suppression systems, motion sensors, and 24/7 secured access, as well as video camera surveillance and security breach alarms. If you have any questions about the security at our websites, you can send an email to .

Changes to the Privacy Policy

ShiftPlanning© will occasionally update this Privacy Policy in response to changing business circumstances and legal developments. When ShiftPlanning© posts changes to this Policy, you will see a date depicting the last update of the policy on the top of this page. If there are material changes to this Policy or in how ShiftPlanning© uses your personal information, ShiftPlanning© will prominently post such changes prior to implementing the change. ShiftPlanning© expects you to periodically review this Policy to be informed of how we are protecting your information. You may review our policy anytime as it will always be linked to our website.

How does the Privacy Policy deal with Children?

Children should always get permission from their parents before sending information about themselves (such as their names, email addresses, and phone numbers) over the Internet. We will not knowingly encourage any minor to register with our site or to access those features which require registration. If a child has provided us with personal information, we ask that any concerned parent or guardian of the child contact us.

Use Common Sense in All Your Online Activities

Even the best Privacy Policy can't protect your online privacy and security in all circumstances. Unscrupulous advertisers, hackers, and scam artists are constantly searching the Internet looking for new targets. Your best protection is to understand the limits to privacy on the Internet and use common sense in all of your online activities.

Be aware that e-mail is an inherently insecure form of communication. Remember that third parties are sometimes able to illegally intercept your unencrypted messages, including online greetings.

Anytime you visit a chat room or post a message to an online bulletin board, your e-mail address can be accessed by advertisers looking to compile lists for unsolicited commercial e-mail (also known as spam). Be sure that you only disclose your e-mail address in circumstances in which it is safe to do so. You should also be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at . In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Beware of scams in which persons unknown to you request your screen name, password, or credit card information. Make sure you verify the identity of anyone asking for personal information.

We also display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at

Contact Information

If you have questions or concerns regarding this Policy, you should email ShiftPlanning Customer Service at or contact us at 1-888-973-6030 or 235 Montgomery St.. Suite 500, San Francisco, 94104, USA

ShiftPlanning's Terms of Service

Before using any of ShiftPlanning's services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.

To view the Privacy Policy and our policies regarding the protection of and use of your personal information, please visit ShiftPlanning's Privacy Policy.

The ShiftPlanning© Website is composed of numerous Websites, and Web Pages, operated by ShiftPlanning© and/or its affiliates. Collectively these will be noted as ShiftPlanning©.

The ShiftPlanning© Website use is offered to you on the condition that you accept these Terms of Use, without modification of the terms, conditions, and notices herein. Your use of the Website, constitutes your acceptance of all these terms, conditions, and notices.

Trademarks

ShiftPlanning© and ShiftPlanning's various logos used or displayed on the service are trademarks of ShiftPlanning and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the ShiftPlanning products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.

User Account, Password, and Security

The ShiftPlanning© Website is an account - based service. The individual user (You) are responsible for maintaining the privacy of your account and password. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any breach of security or unauthorized use of your account. ShiftPlanning© is not liable for any loss that may occur due to the unauthorized, or authorized use of your account or password, with or without your knowledge. You, can however, be held responsible for any loss that ShiftPlanning© may incur due to the authorized or unauthorized use of your account or password with or without your knowledge. You also agree to not use anyone else's account at any time, unless you have received direct written consent from the account holder to do so.

Personal, Non-Commercial and Commercial Use Limitation

Unless direct written consent has been received the Website and its services are to be used solely for your own personal, non-commercial and commercial use. You do not have the right to copy, modify, transmit, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, lease, or sell any information, software, products or services obtained from the ShiftPlanning© Website. ShiftPlanning© reserves the right to refuse service or use of its software to anyone, for any reason and at anytime it deems necessary.

No Unlawful or Prohibited Use

Part of your agreement with ShiftPlanning© is that you will NOT use the ShiftPlanning© Website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of ShiftPlanning©. Users agree that all information give is true and agrees not to falsify any information provided to ShiftPlanning©. You may NOT use the ShiftPlanning© Website in a manner which could/may damage, disable, overburden, or impair any aspect of the ShiftPlanning© Website, the network or networks connected to the ShiftPlanning© Website, or interfere with any other party's ability to use or enjoyment of the ShiftPlanning© Website. Any unauthorized attempts to gain access to the ShiftPlanning© Website, or other individuals accounts, any computer systems or networks connected to any ShiftPlanning© Website, through any means, including; hacking, password mining, or any other means, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the ShiftPlanning© Website.

Use of Services

The ShiftPlanning© Website contains communication and messaging utilities with the purpose of enabling you to communicate with others in your place of employment (These services will be deemed collectively as "Communication Utilities"). You consent to use the Communication Utilities only for their designated purpose, including posting, sending, and receiving messages and material that are related and proper.

You agree to not use the Communication Utilities for and not limited to any of the following: Defamation, abuse, harassment, stalking, threatening, or in any other way violating the legal rights of others. Further you agree to not use the Communication Utilities to dispense surveys, contests, chain letters, pyramid schemes, junk email, spam, or any other unsolicited messages that are not directly related to the intended purpose of the ShiftPlanning© Website. Do not attempt any of the following: Publish, post, upload, distribute, 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 (unless you own or control rights or have received the necessary consent to). Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, and/ or any other similar software or programs that may damage the operation of another's computer or property, or damage the ShiftPlanning© Website in any way. 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 Utilities. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Utilities. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity. Use, download, copy or provide to a person or entity any directory of users of a ShiftPlanning© Website other user or usage information or any portion thereof. ShiftPlanning© has no obligation to monitor the Communication Utilities. However, ShiftPlanning© does reserve the right to review the materials posted to the Communication Utility and to remove any materials at our sole discretion. ShiftPlanning© reserves the right to terminate your ability to access the Communication Utilities at any time, without notice, for any reason whatsoever. ShiftPlanning© also reserves the right to, at all times, disclose any information as ShiftPlanning© deems necessary to satisfy any laws, regulations, legal process or governmental request. To edit, refuse, refuse to post, or remove any information or materials in whole or part, without notice. Caution must always be used when giving out any personally identifiably information about yourself, spouse, or dependants, especially when utilizing the Communication Utilities. ShiftPlanning© does not endorse or control the content, messages, or any other information sent or received through the Communication Utilities, and as such disclaims any liability in relation to the Communication Utilities, and any actions resulting from your participation in any Communication Utility. Users are not authorized spokespersons of ShiftPlanning©, and the views expressed by these individuals are not endorsed by the ShiftPlanning© Website. Materials uploaded to the Communication Utilities maybe be subject to limitation on usage, reproduction, or dissemination, you are responsible for adhering to such limitations if you download the materials.

We are not involved in the actual transaction between users even though we may provide software and services. As a result, the quality, reliability, safety or legality of these is the responsibility of the user.

Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ss 1030 et seq.), relevant state statutes and the laws of the other states and territories of the USA. Such violations may subject the offender and his or her agents to civil and criminal penalties.

SMS Terms of Use

SMS (text messaging) is an optional component of the Communication Utilities offered as an additional feature by the ShiftPlanning© Website. Additional charges may be incurred by the user from your individual mobile service provider, ShiftPlanning© is NOT responsible for these charges. ShiftPlanning© will not be held liable for any SMS errors, delays, missed, deleted or late received messages.

Email Terms of Use

Email notification is an optional component of the Communication Utilities offered as an additional feature by the ShiftPlanning© Website. ShiftPlanning© will not be held liable for any email issues, such as errors, delays, missed, deleted or late received messages. Please check your spam folder regularly to make sure email communications are not blocked as spam.

Materials Provided or Posted

The ShiftPlanning© Website does not claim ownership or responsibility for any of the materials provided or posted ("Documents") on the ShiftPlanning© Site, including but not limited to any Documents; posted, imputed, uploaded, or submitted. However, your submission of said Documents to the ShiftPlanning© Website, is your consent, without limitation, of the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Documents; and to publish your name, and anyone else's name associated/connected with said Documents. The user will receive no compensation (payment) for the posting of said Documents. ShiftPlanning© has no obligation to post or use any of the Documents you provide, and has the right to remove any Documents at our discretion. Any of the Documents posted or provided to ShiftPlanning©, by you, is your consent that you control or own the rights to said Documents, and thus take sole responsibility for the content of the Documents, therefore eliminating ShiftPlanning© for any responsibility from said Documents.

Software and ShiftPlanning© Website Content

All content and software that is made available by ShiftPlanning© to be viewed or downloaded, excluding content posted by the end user, is owned by and is the strict copyrighted work of ShiftPlanning©, and is protected by all copyright laws and international treaty provisions. Your use of the ShiftPlanning© software, as an end user is governed by the regulations outlined in this Terms of Use and all other policies, notices, licensing and legal documents, that you, as the end user, are consenting to/agreeing to, by your utilization of the ShiftPlanning© Website. If you do not consent or disagree with any of the rules/regulations outlined in any of the end user agreements, you must cease all use/utilization of the ShiftPlanning© Website immediately. Any reproduction or redistribution of the content and/or software and/or any other aspect of the ShiftPlanning© products are expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Use of Client Logos and Business Names

Your use of our website, software and services is your consent to allow ShiftPlanning© to use your business name and business logos for ShiftPlanning© promotional purposes. ShiftPlanning© will only use this information as it relates to your use of our services within the scope of this Terms of Use.

Software Malfunction or Website Interruption

ShiftPlanning© will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in our products, the Website or its services. You agree to defend, indemnify and hold harmless ShiftPlanning©, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of the Site.

Jurisdiction

By visiting this website you agree that in all matters relating to this website, you shall be governed by the laws of the State of Delaware, as applicable. You may not use this website if law prohibits you from doing so in the country in which you reside.

Website Disclaimer

Your use of our website or any of the information, links, products or services offered on this Site (collectively, the "Services") is subject to these Terms of Use. The ShiftPlanning© Website, at its sole discretion, may change the Terms of Use, conditions and operation of this website at anytime without notice to you. By using this Site and/or any of its Services, you agree to these Terms, including any modifications we make, and further waive any rights or claims you may have against us.

  1. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
  2. The content available through the Site is the sole property of ShiftPlanning© or its advertisers, suppliers or licensors. All material published on our Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the content received through the Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by ShiftPlanning© or our advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, reverse engineer, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the Site to anyone without our express prior written consent.
  3. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
  4. Our site may contain links to other sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our site of any third party content or a link to a third party site is not an endorsement of that content or third party site.
  5. By using this Site, you agree under penalty of perjury to make the following statements:
  6. I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside.
  7. Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
  8. I believe I have the unalienable right to read and/or view any type of material I choose.
  9. I am aware of the standards of my local community with respect to the materials offered on this Site; I am familiar with the materials offered by this Site; and I represent, warrant and certify that the links, information, and use of materials on this Site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this Site, I agree to no longer access this Site.
  10. I recognize that this Site has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
  11. By viewing and/or using this Site, you agree that ShiftPlanning© will not be liable for any commercial loss; inconvenience; loss of use, time, data, goodwill, revenues, profits, or savings; or any other special, incidental, indirect, or consequential damages in any way related to or arising from your use of this Site. You agree to defend, indemnify and hold harmless ShiftPlanning©, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of your use of the Site, including without limitation claims made by third parties related to your use of the Site.
  12. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THIS WEBSITE ON AN "AS IS" AND "AS PROVIDED" BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AVAILABILITY OF THE SITE OR SERVICES. SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE MAKE NO REPRESENTATION THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR, FORCE MAJURE, BUG OR VIRUS FREE AND SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACESS DELAYS, ANY INTERRUPTION AND/OR DATA DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS.
  13. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).
  14. Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our site.
  15. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

DMCA Notifications of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

Please provide our Agent with the following Notice:

  1. Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

No Agency

Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

Termination/ Access Restriction

These terms constitute the entire agreement between this site and you with respect to your use of this website. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms of Use or other unauthorized use of the Site. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

Modifying your subscription

Modifying Your Subscription. If You choose to upgrade your plan or number of staff during Your elected subscription period, any incremental cost will be pro-rated and billed alongside your next monthly recurring billing, or within your multi-month subscription on a monthly basis.

Cancellation and Termination

The account owner (as defined in the sign-up procedure) is responsible for canceling Your account, and can cancel the account by cancelling the recurring payments from within PayPal, or by contacting ShiftPlanning directly. Once You cancel Your account You will lose access to all of Your content, and We preserve the right to delete all such content in the normal course of operation. This content cannot be recovered once Your account is cancelled. If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again.

Regardless of Your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep Our administrative costs low for the ultimate benefit of Our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and ShiftPlanning does not accept any liability for such loss. ShiftPlanning reserves the right to contact You about special pricing or other promotional offers.

Modification of Terms of Use and Fees for Software

We reserve the right to change the terms, notices, and conditions of services, of the ShiftPlanning© website, including but not limited to, the services/sites offered, and the charges that you may incur in the future. It is solely your responsibility to regularly review these Terms of Use and the other Policies of the ShiftPlanning© Website, to ensure you are up to date with all the terms, conditions, and charges, associated with ShiftPlanning©. Your continued use of the ShiftPlanning© Website, signifies your consent and agreement to all ShiftPlanning© policies, terms, conditions, and notices.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge ShiftPlanning©, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless ShiftPlanning©, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or ShiftPlanning© Username and password, or (iv) any violation of any rights of a third party.

Contact Information

If you have questions or concerns regarding these terms, you should email ShiftPlanning Customer Service at .

Last Revised: May 6th, 2013