PLEASE READ THIS BEFORE ACCESSING THE SMARTSHIFTS.COM SITE. BY ACCESSING THE SMARTSHIFTS.COM SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SMARTSHIFTS.COM SITE.

1. Rules. While visiting the SmartShifts.com Site, you may not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the SmartShifts.com Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the SmartShifts.com Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the SmartShifts.com Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.
2. Monitoring. SmartShifts.com has the right to monitor the SmartShifts.com Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the SmartShifts.com Site properly, or to protect itself or its subscribers. SmartShifts.com will not intentionally monitor or disclose any private information unless required by law. SmartShifts.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
3. Privacy. While SmartShifts.com makes considerable efforts to protect the privacy of its users, the nature of the Internet as a publically accessible services prevents SmartShifts.com from guaranteeing the privacy of anyone using the service. You agree that you understand that such risks exist and that transmitting confidential information shall be done at the sole risk of the user, and SmartShifts.com shall be relieved of all liability in connection therewith.
4. Payment. You agree that all information you provide with respect to payment mechanisms through the SmartShifts.com Site will be accurate and complete. You agree to pay all charges incurred by you and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You are also responsible for paying all applicable taxes, if any, relating to using services on the SmartShifts.com Site.
5. Termination. Unless governed by an additional written agreement, you may terminate your use of the SmartShifts.com Site at any time using the online account termination feature. There are no charges for account termination. SmartShifts.com also reserves the right to terminate your account for any reason. In either case, termination of your account does not absolve you of any responsibility to pay any and all charges which you have previously incurred.
6. Limitation of Liability. SmartShifts.com takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the SmartShifts.com Site. Further, SmartShifts.com makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the SmartShifts.com Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall SmartShifts.com be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
7. Recourse. If you are dissatisfied with the SmartShifts.com Site or with any terms, conditions, rules, policies, guidelines, or practices of the SmartShifts.com Site, your sole and exclusive remedy is to discontinue using the SmartShifts.com Site.
8. Confidential Information. You authorize SmartShifts.com to collect from any party and to retain all relevant information relating to your use of the SmartShifts.com Site, and you hereby authorize any party to provide us with such information. SmartShifts.com will not disclose any information that it collects about you to any third party unless required by law.
9. Indemnity. You agree to defend, indemnify and hold SmartShifts.com harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the SmartShifts.com Site or the Internet or the placement or transmission of any message, information, software or other materials on the SmartShifts.com Site or on the Internet by you or users of your account.
10. DISCLAIMER. THE SOFTWARE CONTAINED ON THE SmartShifts.COM SITE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL SmartShifts.COM BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SmartShifts.COM SITE. IN NO WAY SHALL SmartShifts.COM BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY CALCULATIONS PERFORMED BY OUR SOFTWARE. THIS INCLUDES BUT IS NOT LIMITED TO VIOLATIONS OF FEDERAL, STATE, OR LOCAL LAW CONCERNING THE EMPLOYMENT OF MINORS, THE COMPUTATION OR PAYMENT OF OVERTIME WAGES, OR ANY OTHER ASPECT OF EMPLOYER-EMPLOYEE RELATIONS. YOU AGREE THAT SmartShifts.COM DOES REPRESENT ITSELF AS HAVING ANY EXPERTISE IN THE APPLICATION OF LABOR LAW OR CONTRACTUAL ENFORCEMENT OF ANY AGREEMENT BETWEEN AN EMPLOYER AND ANY OR ALL OF THEIR EMPLOYEES SUCH AS A LABOR UNION AGREEMENT. ANY MECHANISMS THAT MAY EXIST ON THE SmartShifts.COM SITE ARE INTENDED ONLY AS AIDS, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY AND ALL DATA ENTERED INTO THE SYSTEM IS CORRECT, FOR VERIFYING THAT DEFAULT SETTINGS ARE ADEQUATE FOR YOUR NEEDS, AND FOR MAKING A FINAL DETERMINATION AS TO THE CORRECTNESS OF THE RESULTS PRIOR TO THEIR USE.
11. Modification. SmartShifts.com reserves the right to add, delete, or modify any provision of this agreement at any time. You will receive an e-mail notice that changes have been made at the e-mail address that you have provided to the SmartShifts.com Site so that you may review them. If you do not agree to the new terms then you must cancel your account immediately, at which point you may request a refund of any unused, prorated portion of the service. Your continued use of the Site, regardless of whether you actually received notification or not, constitutes acceptance of the new terms and conditions, so long as those terms and conditions were posted on the Site at the time you used the Site.
12. Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Miscellaneous. This Agreement, including any and all documents referenced herein, constitute the entire agreement between SmartShifts.com and you pertaining to the subject matter hereof. SmartShifts.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.