Last updated 2/23/2015
1. Limited License
Shift Reports grants you a limited license to access and make personal, non-commercial use of our website (the “Site”) and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from this Site is strictly prohibited without the express written consent of Shift Reports. Our grant of this limited license does not include, without limitation: (1) any right of resale or commercial use of the Site or any of its content; (2) the collection and use of any service or product listings or descriptions; (3) making derivative uses of the Site or any of its contents; or (4) use of any data mining, “spiders,” “robots,” “wanderers,” or similar data gathering and extraction methods; (5) any access, or attempt to access, any materials or information on this Site through any means not purposely made available by Shift Reports, including but not limited to bypassing the navigational structure of the Site. Except as noted above, Shift Reports does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of Shift Reports or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.
2. Additional Agreements
Because the Site serves a number of functions, including registration for and access to Shift Reports Services, your use of the Site also may be governed by other agreements; the terms and conditions of those agreements are in addition to the terms set forth herein. In the event that the Site terms contradict terms set forth in a specific Shift Reports Service agreement, the Service agreement shall control.
All content, copyrighted materials, and copyrightable materials on this Site, including, without limitation, the Shift Reports® and Shift Reports® affiliate logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof (“Materials”) are Copyright © Shift Reports and/or its affiliates ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Shift Reports or affiliated copyright owner. Shift Reports and its affiliates grant you permission to display, copy, distribute, and download the Materials on this Site for personal, non-commercial, and informational use only, provided that you may not, without the permission of Shift Reports or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
4. Trademarks and Service Marks
All marks and logos featured in this Web site—including, but not limited to: Shift Reports® are either trademarks, service marks, or registered trademarks of Shift Reports or its affiliates. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shift Reports or its affiliates. All page headers, Shift Reports and Shift Reports.com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of Shift Reports or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shift Reports or its affiliates. Shift Reports and Shift Reports affiliate trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Shift Reports or its affiliates.
All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shift Reports.
5. Framing and Linking
You may not frame, enclose, or otherwise use any Shift Reports or Shift Reports affiliate trademark, logo, design, image, page layout, or other proprietary information displayed on this Site without the prior written permission of Shift Reports or its affiliates. See the Copyright and Trademarks and Service Marks sections above for further information.
Subject to the restrictions in this Agreement, including without limitation those in the Limited License section above, Shift Reports grants to you a limited, nonexclusive right to create a hypertext link (“link”) to the home page of this Site so long as your link does not portray Shift Reports or any of its Services in a false, misleading, or otherwise defamatory manner. You may not use a Shift Reports design, logo, or other proprietary graphic, trademark, or registered trademark to link to this Site without the express written permission of Shift Reports. Shift Reports reserves the right, at all times in its sole discretion, to terminate your rights to create a link to the Site homepage.
6. Third-Party Links
7. International Use
Shift Reports makes no representation that materials on its Site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside.
9. Digital Millennium Copyright Act
One or more Shift Reports Services may allow third parties to upload, transmit, send, or receive copyrighted materials. Shift Reports is under no obligation to, and does not, review such materials for purposes of determining copyright infringement. However, Shift Reports reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if Shift Reports determines that a user is a repeat infringer.
Pursuant to Title 17, Section 512 of the U.S. Code, all claims of copyright infringement for any material believed to reside on Shift Reports’s Services should be provided in writing to Shift Reports’s designated agent:
If you have any questions, comments or concerns about this Policy, please e-mail us at
Attn: Privacy Officer
8 The Green
Dover, DE 19901
Any notice of claimed infringement must include all, or substantially all, of the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shift Reports to locate the material.
• Information reasonably sufficient to permit Shift Reports to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Governing Law, Venue, and Dispute Resolution
The laws of the state of Michigan, U.S.A., excluding its conflicts-of-law rules, govern this Agreement and your use of the Shift Reports Services. You agree that any disputes between you and Shift Reports shall be adjudicated in the state and federal courts of the State of Michigan, U.S.A. Venue for all claims and disputes between you and Shift Reports shall be the county of Oakland, State of Michigan. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction.
Some jurisdictions may place limits on governing law, venue, and/or dispute resolution provisions, so certain of the foregoing requirements in this section may not apply to you.
If any portion of these terms and conditions is determined to be unenforceable under applicable law, that portion shall be construed as nearly as possible to reflect the original intentions of the parties. All remaining terms set forth herein shall continue to have full force and effect.
12. Disclaimers and Limitation of Liability
ACCESS TO THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND SHIFT REPORTS DOES NOT GUARANTEE THAT THE SITE WILL BE ACCURATE, COMPLETE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. SHIFT REPORTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY OTHER COUNTRY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHIFT REPORTS, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SHIFT REPORTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT SHALL SHIFT REPORTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. SHIFT REPORTS’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES SHIFT REPORTS CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
13. Third-Party Rights
The provisions of the Disclaimers and Limitation of Liability section above are for the benefit of Shift Reports and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
15. Waiver, Modification, and Assignment
Any failure by Shift Reports to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between Shift Reports and a user of this Site nor trade practice shall act to modify any provision of this Agreement. Shift Reports may assign its rights and duties under this Agreement to any party at any time without notice to you.
16. Subscription fees
Shift Reports charges a subscription fee for each store at the monthly rate your account was created under and/or modified by Shift Reports.