By accessing Shift LMS Inc. Services, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing Shift LMS Inc. Services.
The materials contained in Shift LMS Inc. Services are protected by applicable copyright and trademark law.
1. Don’t send spam.
2. Don’t do anything illegal.
3. Don’t engage in any activity that exploits, harms, threatens to harm children, or the elderly.
4. Don’t publicly display, or use the Services to share inappropriate Content, or material.
5. Don’t engage in activity that is false, or misleading.
6. Don’t circumvent, nor try to circumvent any restrictions on access to, or availability of the Services.
7. Don’t engage in activity that is harmful to you, the Services, or others.
8. Don’t infringe upon the rights of others.
9. Don’t engage in activity that violates the privacy of others.
10. Comply and abide by the CAN-SPAM Act in its entirety.
If you Spam, your account will be closed without any refund, you will be responsible for all damages to the domain name https://www.shiftlms.com, to Shift LMS Inc., and its Service Providers.
If you violate these Terms, Shift LMS Inc. will immediately stop providing Services to you, and Shift LMS Inc. will close your Shift LMS Inc. account without any refund. Shift LMS Inc. will block all delivery of any communication (like elearning, email marketing, or surveying abilities) to, or from the Services in an effort to enforce these Terms, and Shift LMS Inc. may remove, disable, or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Shift LMS Inc. reserves the right to review Your Content in order to resolve the issue.
Unless otherwise provided by law, or by a particular Service offer, all purchases are final and non-refundable. Shift LMS Inc. reserves the right to issue refunds, or credits at the sole discretion of Shift LMS Inc. If Shift LMS Inc. issues a refund, or credit, Shift LMS Inc. is under no obligation to issue the same, or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
You may cancel a Service at any time, with, or without cause. To cancel a Service, there is no refund. If you cancel, your access to the Services ends immediately.
The materials on Shift LMS Inc. Services are provided on an 'as is' basis. Shift LMS Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Shift LMS Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on Shift LMS Inc. Services or otherwise relating to such materials or on any sites linked to Shift LMS Inc. Services.
Shift LMS Inc. makes no warranties, express, or implied, guarantees, or conditions with respect to your use of the services. You understand that use of the services is at your own risk, and that Shift LMS Inc. provides the services on an "As Is" basis "With all Faults" and "As Available". You bear the entire risk of using the services. Shift LMS Inc. doesnt guarantee the accuracy, or timeliness of information available from the services. Shift LMS Inc. excludes any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You acknowledge that computer, and telecommunications systems are not fault-free, and occasional periods of downtime occur. Shift LMS Inc. does not guarantee the services will be uninterrupted, timely, secure, or error free, or that content loss will not occur, nor does Shift LMS Inc. guarantee any connection to, or any transmission from the computer networks.
In no event shall Shift LMS Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Shift LMS Inc. Services, even if Shift LMS Inc. or a Shift LMS Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Shift LMS Inc. and Services providers, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $0.00 if the Services are free). You can't recover any other damages, or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses, or fails of its essential purpose, or if Shift LMS Inc. knew, or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations, and exclusions apply to anything, or any claims related to these Terms, the Services, or the software related to the Services.
Accuracy of materials
The materials appearing on Shift LMS Inc. Services could include technical, typographical, or photographic errors. Shift LMS Inc. does not warrant that any of the materials on Shift LMS Inc. Services are accurate, complete or current. Shift LMS Inc. may make changes to the materials contained on Shift LMS Inc. Services at any time without notice. However Shift LMS Inc. does not make any commitment to update the materials.
Shift LMS Inc. has not reviewed all of the sites linked to Shift LMS Inc. Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Shift LMS Inc. of the site. Use of any such linked website is at the user's own risk.
Shift LMS Inc. may revise these terms of service for Shift LMS Inc. Services at any time without notice. By using Shift LMS Inc. Services you are agreeing to be bound by the then current version of these terms of service.
If you don’t agree to the new terms, you must stop using the Services, close your Shift LMS Inc. account. Additionally, there may be times when Shift LMS Inc. needs to remove, or change features, or functionality of the Service, or stop providing a Service, or access to Services altogether. Except to the extent required by applicable law, Shift LMS Inc. has no obligation to provide a download, or replacement of any material, Digital Goods. Shift LMS Inc. may release the Services, or their features in a beta version, which may not work correctly, or in the same way the final version may work.
To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. By providing Shift LMS Inc. with a payment method, you represent that you are authorized to use the payment method that you provided, and that any payment information you provide is true, and accurate; You authorize Shift LMS Inc. to charge you for the Services using your payment method; and You authorize Shift LMS Inc. to charge you for any paid feature of the Services that you choose to sign up for, or use while these Terms are in force. Shift LMS Inc. may bill you in advance; at the time of purchase; shortly after purchase; or on a recurring basis for subscription Services. Also, Shift LMS Inc. may charge you up to the amount you have approved, and Shift LMS Inc. will notify you in advance of any change in the amount to be charged for recurring subscription Services. Shift LMS Inc. may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. When you purchase the Services on a subscription basis (e.g., every month (as applicable)), you acknowledge, and agree that you are authorizing recurring payment, and payments shall be made to Shift LMS Inc. by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you, or by Shift LMS Inc. By authorizing recurring payments, you are authorizing Shift LMS Inc. to process such payments as charges to your designated account ("Electronic Payments"). Subscription fees are generally billed, or charged in advance of the applicable subscription period. If any payment is returned unpaid, or if any credit card fails, Shift LMS Inc. reserves the right to collect any applicable insufficient funds fee, and to process any such payment as an Electronic Payment.
Shift LMS Inc. may change the price of the Services at any time, and if you have a recurring purchase, Shift LMS Inc. will notify you by email at least 10 days before the price change. If you do not agree to the price change, you must cancel, and stop using the Services before the price change takes effect. If there is a fixed term, and price for your Service offer, that price will remain in force for the fixed term. If Shift LMS Inc. owes you a payment, then you agree to timely, and accurately provide Shift LMS Inc. with any information Shift LMS Inc. needs to get that payment to you. You are responsible for any charges you may incur as a result of this payment to you. You must also comply with any other conditions Shift LMS Inc. places on your right to any payment. You agree to cooperate with Shift LMS Inc. in Shift LMS Inc. efforts to do this.
Shift LMS Inc. will provide you with an online billing statement under your manage account, where you can view, and print your statement. This is the only billing statement that Shift LMS Inc. provides. If Shift LMS Inc. has identified a billing error, Shift LMS Inc. will correct that error within 30 days.
These terms and conditions are governed by and construed in accordance with the laws of Florida, USA, and you irrevocably submit to the exclusive jurisdiction of the courts in Florida, USA.