These are the Website Terms of Service ("Terms") for Catch A Shift, LLC which govern your access to and use of Catch A Shift mobile application, all Catch A Shift operated and controlled websites and mobile software applications, including the Catch A Shift Employer dashboard, and all other online services controlled or provided by Catch A Shift (collectively, the ("Services")).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES.
Please be aware that these Terms constitute a binding legal agreement between you and Catch A Shift outlining your legal rights, obligations, and remedies arising from your use of the Services (the ("Agreement")). You agree you are responsible for your use of the Services and any consequences resulting from your use of the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use and you are not authorized to access the Services.
You may use the Services only if you can form a binding contract with Catch A Shift and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. The Services are offered and made available to users who are 18 years of age or older and reside in the United States. By accessing or using the Services, you represent and warrant that you meet the foregoing eligibility requirements. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits, and you must not use the Services.
Description and Use of the Services. The Services enable direct communications between job applicants ("Applicants") and prospective Employers ("Employers"). Applicants may create profiles and apply for positions that are listed by Employers, and Employers may create job descriptions and contact Applicants about their interest in positions that Employers have available. For Employers, the Services include a web-based dashboard.
Your Representations and Warranties to Catch A Shift. By using the Services, you represent, warrant, and agree:
- Applicant profiles and Employer job descriptions are created solely by Applicants and Employers, respectively, not by Catch A Shift. Catch A Shift does not independently verify the accuracy or completeness of any information provided by an Applicant or Employer. Catch A Shift assumes no responsibility, and disclaims all liability, about such information, including the reliability, accuracy, completeness or legality of such information.
- Catch A Shift makes no representation regarding and accepts no liability for the qualifications of any Applicant or the suitability of any job listing by an Employer. Any dispute between an Applicant and an Employer must be resolved directly between such Applicant and such Employer.
- Catch A Shift reserves the right to suspend or cancel your use of the Services if you breach this Agreement or for any other reason in Catch A Shift's sole discretion.
Accounts and Registration.
- You will only use the Services for lawful purposes, and you will not use the Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
- You will not use the Services to cause nuisance, annoyance, inconvenience or in any way that bullies, harasses, intimidates, defames, or spams others;
- You will not impair the proper operation of the Services or any network which is used to support or access the Services;
- You will not try to harm the Services in any way whatsoever;
- You will not use the Services in any way that violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- You will not use the Services for any purpose that is illegal or prohibited in these Terms;
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract information of others;
- You will not use or develop any third-party applications that interact with the Services or others' content or information without our written consent;
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit others from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- You will not use or attempt to use another user's account, username, or password without their permission;
- You will not solicit login credentials from another user;
- You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence;
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- You will not probe, scan, or test the vulnerability of our Services or any system or network;
- You will not encourage or promote any activity that violates these Term;
- You will not copy, or distribute the Services or other content without written permission from Catch A Shift;
- You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
- You will keep secure and confidential your account password or any identification we may provide you which allows access to the Services; and
- You will provide us with whatever proof of identity we may reasonably request.
Your Use of the Services.
- Registering for a Catch A Shift Account: In order to use or access certain Services or features of the Services, you may be asked to register for a user account (a "Catch A Shift Account") and become a registered user of the Services (a "Registered User").
>By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Catch A Shift Account you register, and for any actions that arise from or take place using your Catch A Shift Account, whether or not you have authorized such actions or use; and (5) immediately notify Catch A Shift of any unauthorized use of your Catch A Shift Account By using the Services, you agree that: (i) you will not create more than one account for yourself; (ii) you will not create another account if we have already disabled your account, unless you have our written permission to do so; (iii) you will not buy, sell, rent, or lease access to your Catch A Shift Account or username without our written permission; and (iv) you will not log in or attempt to access the Services through unauthorized third-party applications or clients. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Catch A Shift Account.
- Your Catch A Shift Account Information: You may not select or use a Catch A Shift Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and Catch A Shift; or (4) that, in Catch A Shift's sole discretion, is offensive, vulgar, or obscene. Catch A Shift reserves the right to refuse registration of a Catch A Shift Account, or cancel any account name, in its sole discretion.
Catch A Shift maintains the right to suspend or disable your access to the Services and any Catch A Shift Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if Catch A Shift otherwise determines such action is warranted. Catch A Shift reserves the right to revoke your access to and use of the Services at any time, with or without cause, whether or not you have established a Catch A Shift Account or are a Registered User.You may cancel your Catch A Shift Account or your access to the Services at any time by contacting Catch A Shift using the information below. Upon cancellation of your Catch A Shift Account, Catch A Shift may: (i) retain your information and content indefinitely; (ii) continue to use your information for research purposes indefinitely; and (iii) retain, use, and continue to show information about your use of the Services.
- You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Catch A Shift reserves the right to bar any such activity.
- You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Catch A Shift server, or to any of the services offered on or through the Services, by hacking, password "mining" or any other illegitimate means.
- You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Catch A Shift, including any Catch A Shift account not owned by you, to its source, or exploit the Services or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or of Catch A Shift's systems or networks, or any systems or networks connected to the Services or to Catch A Shift.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Catch A Shift on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Catch A Shift or others.
Data Charges and Mobile Devices. You are responsible for any mobile charges that you may incur for using the Services, including data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.
License Grant. Subject to the terms of this Agreement, Catch A Shift grants you a limited, non-exclusive and nontransferable license to download, install and use the Services and Collective Content (as defined) for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Services. The Services are licensed, not sold, to you.
License Restrictions. As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by Catch A Shift as typical or expected use of the Services consistent with the purposes for which the Services were created. You specifically agree you will not do any of the following:
- There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms, we will use the term "Content" to mean all text, links, graphics, user interfaces, images, photos, music, audio, video, information, software, computer code, artwork, copyrights, trademarks, trade dress, and other materials and intellectual properties, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, comprising or included within the Services. "Catch A Shift Content" means Content that Catch A Shift makes available to you through the Services, including Content owned by Catch A Shift or licensed to Catch A Shift from a third party (excluding User Content). "User Content" means any Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Services by a user, whether or not a Registered User, or whether or not a user owns or created the Content, including content provided by Applicants and Employers, chat messages between Applicants and Employers, and other data, information, applications and other products, services and/or materials as well as all copyrights, inventions, and other intellectual property rights. "Collective Content" collectivel refers to all of the Content available through the Services, including Catch A Shift Content and User Content.
- All Catch A Shift Content is owned by Catch A Shift or its third party licensing partners. Your use of the Services does not grant you any rights to the use or control of any of the Catch A Shift Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the Catch A Shift Content, including by caching, framing or any similar means, without the prior written consent of Catch A Shift is strictly prohibited.
- The Services and Catch A Shift Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Catch A Shift and its licensors exclusively own all right, title and interest in and to the Services and Catch A Shift Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Catch A Shift Content. Catch A Shift or its partners shall retain all worldwide rights in and to all Intellectual property comprising or included within the Catch A Shift Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the "look and feel" of the Services, and copyrighted works associated with the Service is common law and/or registered copyrights, trademarks, and/or trade dress of Catch A Shift.
- You should assume that everything you read or see on the Services is copyrighted or otherwise protected and owned by Catch A Shift, or a third party who licensed the right to use such content to Catch A Shift. Unless otherwise expressly noted, nothing that you read or see on the Services or other Collective Content, or any of the source code or HTML code that Catch A Shift uses to generate the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Catch A Shift or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.
- No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Catch A Shift's prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
- Catch A Shift is not the publisher or speaker of User Content, or any other information on the Services provided by third party content providers, and Catch A Shift is not liable for any claims related to such information. Any mention in the Services of products or Services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Catch A Shift. Catch A Shift assumes no responsibility for those products or Services.
Your License to Catch A Shift. Certain features of the Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the Services. By making available User Content through the Services, you hereby grant to Catch A Shift and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as Catch A Shift may designate from time to time, which may include any or all other users of the Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Services, or for advertising or marketing of the Services, as well as a license to use your name and likeness in marketing materials and in the Services to promote your use of the Services. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of Catch A Shift once you have submitted User Content within the Services.
Your grant of this license to Catch A Shift to utilize your User Content and any derivative works of the User Content created by using the Services does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. Catch A Shift does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant Catch A Shift the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or Catch A Shift's use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services.
We do not approve, control or endorse your or anyone else's User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.
Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions and restrictions under this Agreement. Catch A Shift reserves and shall retain its entire right, title and interest in and to the Services, including all patents, copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Updates. Catch A Shift may from time to time, in its sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Catch A Shift has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either:
- Copy the Services, except as expressly permitted by this license;
- Reproduce, distribute, publicly display or perform, modify, translate, adapt or otherwise create derivative works or improvements, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services available to others, in whole or part;
- Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
- Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
- Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services;
- Use the Services for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law; Abuse, harass, threaten, impersonate, or intimidate others;
- Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that Catch A Shift or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by Catch A Shift in its sole discretion;
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any Services user;
- Create or submit unwanted email ("spam") to any other person or any URL;
- Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
- With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
- Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
- Bypass any measures we may use to prevent or restrict access to the Services or any part of the Services;
- Interfere with the operation of the Services or any user's enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- Share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your Services login information, or password, or otherwise permit any other person to access the Services using your information, login, or password;
- Use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
- Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property or other legal rights;
- Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
- Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
Third Party Advertising and Marketing. Catch A Shift may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Services, and via other mechanisms to provide such materials to you outside of the Services such as on third party websites or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from Catch A Shift and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. Catch A Shift may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
Intellectual Property. Catch A Shift and its licensors and partners own all rights, titles, and interests in and to the Services, and all related intellectual property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, excluding User Content (collectively, the "Catch A Shift IP"). Catch A Shift IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in Catch A Shift IP, including use of any Catch A Shift IP as part of third-party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Catch A Shift. The Catch A Shift name, the Catch A Shift logos and designs, and the product and service names associated with the Services are trademarks of Catch A Shift or its affiliated third parties, and no right or license is granted to you by this Agreement to use the Catch A Shift IP for purposes not directly related to your use of the Services.
Linking and Framing. Catch A Shift grants you a limited, revocable, and non-exclusive right to create a hyperlink to the webpages of the Services, so long as the links do not portray Catch A Shift or its Services in a false or misleading manner. You may not use any of Catch A Shift's logos or other proprietary graphics or trademarks as part of the link without express permission. "Framing" or "Mirroring" the Services or any of their content is prohibited without the prior written consent of Catch A Shift.
The Services may contain links to third-party websites or resources, such as our online store, YouTube, Twitter, and Facebook. You acknowledge and agree that Catch A Shift is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Catch A Shift of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that Catch A Shift shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.
Email Notifications. As part of your use of the Services, you may be asked to elect to receive certain email notifications from Catch A Shift and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Catch A Shift related to the Services. You may opt-out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Services announcements or notifications even if you have opted-out from other messages.
Notices. You consent to receive from Catch A Shift all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Notices") electronically. Catch A Shift may provide such Notices by posting them on or within the Services, by electronic mail to your email address on record in Catch A Shift's account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding Catch A Shift and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old Mobile Device.
Term and Termination. Catch A Shift may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. Catch A Shift may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you. Catch A Shift may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
Catch A Shift may also remove or disable access to any Collective Content and suspend or ban your access to the Services or any Catch A Shift Account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact Catch A Shift using the information below. You are solely responsible for your interactions with other Users of the Services. Catch A Shift reserves the right, but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to Catch A Shift. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties. You acknowledge that Catch A Shift has no control over, and no duty to take any action regarding: (1) which users gain access to the Services; (2) what effects the Content or the Services may have on you; (3) how you may interpret or use the Content or the Services; or (4) what actions you may take as a result of having been exposed to the Content or the Services.
You release Catch A Shift from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Catch A Shift makes no representations concerning any content contained in or accessed through the Services, and Catch A Shift will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Catch A Shift makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Catch A Shift cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. Catch A Shift makes no representation or warranty of any kind with respect to use of Services or the use or accuracy of the information on the Services.
THE SERVICES AND ITS CONTENT ARE PROVIDED TO YOU "AS IS":, "AS-AVAILABLE" BASIS, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CATCH A SHIFT, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CATCH A SHIFT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, CATCH A SHIFT SPECIFICALLY DOES NOT REPRESENT THAT (I) ANY INFORMATION OR CONTENT POSTED BY ANY APPLICANT OR EMPLOYER IS ACCURATE OR COMPLETE, (II) ANY APPLICANT WILL MEET THE EXPECTATIONS OF ANY EMPLOYER, OR (III) ANY EMPLOYER WILL MEET THE EXPECTATIONS OF ANY APPLICANT, AND CATCH A SHIFT ASSUMES NO RESPONSIBILITY FOR ANY DECISION BY AN EMPLOYER TO HIRE OR DECLINE TO HIRE AN APPLICANT, OR FOR ANY DECISION BY AN APPLICANT TO APPLY FOR, DECLINE OR ACCEPT A POSITION WITH AN EMPLOYER, OR FOR ANY COMMUNICATIONS OR AGREEMENTS BETWEEN ANY APPLICANT AND ANY EMPLOYER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER CATCH A SHIFT NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $50 USD (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The "Disclaimer" and "Limitation of Liability" provisions of this Agreement are for the benefit of Catch A Shift as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Indemnification. You agree to indemnify, defend and hold harmless Catch A Shift and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all injuries, deaths, losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Services, use of the Services, violation of the Terms, or the infringement by you of any intellectual property, or violation of any right of any person or entity by you or any third party using your information, login, or password.
International Use. The Services are controlled and operated by Catch A Shift from within the United States. Catch A Shift makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
Export Regulation. The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval) prior to exporting, re-exporting, releasing or otherwise making the Services available outside the US.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Disputes, Governing Law and Jurisdiction. You agree that any claim or dispute arising out of or relating in any way to your use of the Catch A Shift website, Services or any service provided by Catch A Shift, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court in the Circuit Court of Cook County, Illinois, if your claims qualify and, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
- the Services will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN COOK COUNTY, ILLINOIS. The laws of the State of Illinois shall govern this Agreement, and shall be used in any arbitration proceeding. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. >The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration under this Agreement will be conducted by the American Arbitration Association ("AAA") in Chicago, Illinois, under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration proceeding, you must send a letter requesting arbitration to the Registered Agent of Catch A Shift found by searching Catch A Shift at:
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE BOTH AGREE THAT PARTIES HAVE EACH WAIVED ANY RIGHT TO A JURY TRIAL.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR R ELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Independent Contractors; No Joint Venture. The parties, including all Applicants and Employers, shall be independent contractors under this Agreement, and nothing herein will constitute either party as the Employer, Employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose. The parties also agree that the only legal relationship between them is that derived from these Terms, therefore, there is no employment relationship between Applicants and Employers with Catch A Shift.
- If an Employer wants to dispute any charges it must be done within two hours after job is completed by an Applicant.
- If an Employer does not approve payment within 24 hours after the job performed by an Applicant is completed, Catch A Shift is entitled to payment and will take the money from the account.
Prorated Payment - Employer
- The Applicants acknowledge that the they are not under the supervision or control of Catch A Shift at any time while performing work for the Employer. Applicants and Employers acknowledge that Catch A Shift does not provide any job training, direction or guidance whatsoever. Applicants and Employers acknowledge and agree that Applicants will be performing the work for the Employer, not for Catch A Shift, and that the Employer is the sole source of funds to be paid to an Applicant for work performed. To ensure that an Applicant will be paid for work performed, Catch A Shift has established a policy whereby the Employer deposits the Applicant's payment with a third party agent of Catch A Shift in advance of the Applicant's work, and for the third party agent to make payment to the Applicant promptly upon the Employer's confirmation that the Applicant has completed the assignment. Payment to the Applicant is subject to any setoff as described in the Terms.
- Catch A Shift will not withhold federal, state, or local payroll or other taxes of any kind nor will it pay or withhold state disability insurance on behalf of the Applicants. Accordingly, the Applicants agree and acknowledge that the Applicants assume complete responsibility for reporting and payment of any monies received under this Agreement. Additionally, if applicable, the Applicants shall be solely responsible for any and Social Security contributions or payments, disability insurance, unemployment taxes, and any other payroll type taxes. Each Applicant hereby agrees to indemnify and hold the Catch A Shift harmless from any claims, losses, costs, fees, liabilities, damages or injuries suffered by Catch A Shift arising out of the Applicant's failure with respect to Applicant's obligations in this subparagraph.
- The Applicants are not eligible for, and shall not participate in, any benefit package offered by the Catch A Shift to its employees, including but not limited to sick pay, vacation pay, group medical and dental coverage, pension, and profit-sharing, nor shall the Applicants receive any other benefit from Catch A Shift except payment for Applicants' services.
- The Applicants are not entitled to any coverage under any of the liability insurance policies of the Catch A Shift and, further, hereby release forever Catch A Shift from and against any claim whatsoever for any loss, cost, damage, personal injury or death sustained by the Applicants while working for an Employer.
- Catch A Shift shall not be responsible for any action or failure to act by any Applicant or Employer. Each Applicant and Employer agrees to indemnify and hold harmless Catch A Shift, its members, managers, employees, agents, assigns and successors against any claims, demands, or liability related to or arising out of the Applicant's or Employer's breach of any representation in this Agreement, failure to properly perform any obligations under this Agreement, and for any violations of law, including but not limited to Applicant's or Employer's failure to file, report and pay taxes on any monies received under this Agreement.
- Nothing in this Agreement is intended to preclude the Applicant from performing work or providing services for entities and individuals other than Employers under this Agreement.
- The Applicants and Employers agree not to use or disclose, directly or indirectly, for any reason or in any way, other than at the express written direction of the Catch A Shift, any proprietary or confidential information or business or trade secrets of Catch A Shift whether oral, written, graphic, or electronic, including but not limited to:
- The business, operations, procedures, conduct, or marketing strategy of Catch A Shift.
- Any proprietary products or services of any nature designed, developed or owned by Catch A Shift.
- Any of the databases, lists or pricing or purchasing information or policies of Catch A Shift.
- Any of Catch A Shift's lists of Applicants, Employers, employees, customer lists, vendors, suppliers, and contractors.
- Any of Catch A Shift's inventions, apparatus, tools, samples, methods of doing business, processes, formulas, drawings, blueprints, photographs, slides, motion pictures, videotapes, computer software, trade secrets, supplies, supplier lists, personnel data and files, ideas or strategies, and cost data (hereinafter "Confidential Information").
- The Applicants and Employers agree and acknowledge that a violation of paragraph g of this Agreement would result in irreparable injury to Catch A Shift for which there would be no adequate remedy at law. Therefore, Catch A Shift shall be entitled to any and all equitable remedies to enforce this Agreement, including an injunction, to prevent violation(s) of this Agreement. In the event that Catch A Shift prevails in any such action, Catch A Shift shall be entitled to recover its reasonable attorneys' fees and costs from the Applicant or Employer, as well as any damages awarded by a court of law.
Prorated Payment - Applicant
- If an Applicant is late for his/her shift, payment will be prorated and the Employer will receive a credit.
- If an Applicant leaves early from his/her shift, payment will be prorated and the Employer will receive a credit.
- If an Applicant is late for his/her shift, payment will be prorated and the adjusted amount will be deposited in the Applicant's account.
- If an Applicant leaves early from his/her shift, payment will be prorated and the adjusted amount will be deposited in the Applicant's account.
Adding Time. Once the originally contracted shift is over and the Employer and Applicant agree to add more hours,both Applicants and Employers will agree the number of hours and the total amount to be paid. The Employer must add the new information to their Catch A Shift account.
Transfer and Assignment. This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of Catch A Shift. Catch A Shift may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Services. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
Contact Information. To ask questions or comment about these Terms, contact us at: email@example.com
- If an Employer sends home an Applicant before his/her shift begins, Catch A Shift will charge the Employer the full amount of the job and will pay the Applicant the full amount.
- If an Employer sends home an Applicant before the agreed time, Catch A Shift will charge the Employer the full amount of the job and will pay the Applicant the full amount.