Date Last Revised: August 1, 2016
Welcome to Shift!
Shift Savings, Inc. is a Wisconsin corporation, with offices at Milwaukee, WI ("Shift," "We," "Us," or "Our"). By using or downloading our mobile application (the "Shift Mobile App") or accessing or using our website at shiftsavings.com and its subdomains ("Website"), which provide financial information to assist users in managing their finances and encouraging savings, through savings goals, savings rules, aggregation of financial data, a wallet view of income, expense and savings, and social goal sharing (collectively, the "Shift Platform") and related services and accounts ("Services"), you indicate your unconditional acceptance of the following Terms of Service on your own behalf and on behalf of any organization you represent (collectively, "you" or "your").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND SHIFT. FURTHER, THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND SHIFT ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, (SEE "AGREEMENT TO ARBITRATE").
YOU HEREBY ACKNOWLEDGE AND AGREE THAT SHIFT, INC. IS NOT A BANK, NOR IS IT A FINANCIAL PLANNER, BROKER OR ASSET MANAGER. THE SHIFT PLATFORM IS MERELY A TOOL TO ASSIST YOU IN YOUR FINANCIAL PLANNING AND DECISION-MAKING. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVINGS, INVESTMENT AND SPENDING DECISIONS.
Scope of Service
Shift maintains the Shift Platform, and provides Services, as a service to our user community, subject to these Terms of Service.
You are responsible for obtaining any equipment and Internet service necessary to access our Shift Platform and Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Shift Platform and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Shift Platform and/or Services, for some or all users, from time to time. The Shift Platform may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
a. Registered Users. Certain of our Services are reserved for registered users. In order to become a registered user (or "client"), we will ask you to complete a registration form, and also to select a username and create a password ("Login Credentials"). During any such registration, you are required to give truthful contact information (including your name, email address and mobile phone number) and certain financial information (such as Primary Account and other account login information). Together with our goals and rules this collectively is your "User Profile". You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available through the Shift Platform.
b. Acknowledgement to Receive Email, Push Notifications or Text Messages. As a user of the Shift Platform, you agree to receive emails and text messages from us regarding our Services. We may from time to time send you text messages, push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving certain of such correspondence by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable correspondence.
Fees & Payments
- Subscription Fees
- Currently, Shift is offering the Shift Platform and Services at no charge. We may institute subscription fees in the future. We agree to provide you with at least thirty (30) days' notice before we institute subscription fees by sending you an email to the email address in your Shift profile.
- We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay Shift directly or via its designated third party payment processor. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes. You may cancel your subscription as provided on the Shift Platform from time to time. We may refuse to renew any subscription.
- Incentives. Shift may at its sole discretion offer incentives to users of the Shift Platform or to holders of one of our debit cards.
- Current fees and incentives can be found on the Website.
- Refunds. Other than when expressly set forth on our Services as updated from time to time, Shift has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Shift, in each case in Shift's sole discretion.
a. Submitted Content. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "User Content") that you submit, use, display or share on or via the Service. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Services. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion on our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
b. Ownership and Use of User Content. Shift does not claim ownership of any User Content. By submitting such User Content, however, You hereby grant Shift the right to (i) copy, store and use that User Content for the purpose of providing you with our Services and (ii) modify the User Content to remove identifiers of you and any other individuals or companies, aggregate such information ("Aggregated Data") and copy, store and use such Aggregated Data for the purpose of improving the Services generally.
You expressly authorize Shift to access your Account Information (as defined herein) maintained by identified third parties, which is included in your User Content, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. Shift's third party processors will submit information including usernames and passwords that you provide to log you into such third party website(s). You hereby authorize and permit Shift to use and store information submitted by you to the Shift Platform (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms of Service and solely to provide the Account Information to you as part of the Shift Platform and Services, you grant Shift a limited power of attorney, and appoint Shift as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SHIFT IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SHIFT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service. Shift is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
c. User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the submission and use of your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
d. Monitoring. We have the right, but not the obligation, to monitor User Content submitted to our Services, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted through our Services. Without limiting the foregoing, we have the right to remove any material that Shift, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the User Content that you post to our Services.
e. Identifying Information. We may at any time require you to provide additional information in order to verify your identity. This information may include your address, date of birth, Social Security Number, a copy of your government-issued ID, or such other information or documentation as we may deem necessary. Such information may be required, for instance, in order to meet our legal obligations or the requirements of our Partner Bank.
f. Required Disclosures. You acknowledge and agree that Shift may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Service; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms of Service; and/or (d) protect the rights, property, or personal safety of Shift, its representatives and/or agents, its users or the public.
You understand and agree not to use the Shift Platform to:
- Post or upload images, content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- To violate any laws or for any illegal purpose.
- Contribute funds to a savings goal, or create a savings goal to which others could make contributions, for the purpose of money laundering or other illegal transferring of funds.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content, or initiate communications which include information, that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to: a) using the Shift Platform or Services to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) using the Shift Platform or Services to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Shift.
- Post content in fields that are not intended for that content. Example: Putting an address in a name or title field.
- Interfere with or disrupt Shift or servers or networks connected to Shift, or disobey any requirements, procedures, policies or regulations of networks connected to Shift.
Access and Interference
You agree that you will not, directly or indirectly:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Shift Platform or Services or any portion of the Shift Platform or Services, without Shift's express written consent, which may be withheld in Shift's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Shift Platform or Services, other than the search engines and search agents, if any, available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Shift Platform or Services; or
- Attempt to decipher, decompile, disassemble, or the Shift Platform or Services
Your Shift Account
Any funds that you direct to be transferred from your Funding Source to Shift, either manually via the Shift App or in accordance with Savings rules you have established via the Shift App, will be held by Shift for your benefit in an FDIC-insured account maintained at one of Shift's partner banks (each a "Partner Bank"). The funds held by Shift in such account for your benefit are referred to herein as your "Shift Account". You will not be entitled to any interest or other earnings that may accrue with respect to the funds held on your behalf by Shift, and you hereby irrevocably assign and transfer to Shift any right or interest that you may have therein. However, Shift does not hereby obtain any rights to the principal amount of the funds it holds on your behalf.
Authorization to initiate ACH transactions
By accepting these terms and conditions you authorize Shift to initiate ACH credit and/or debit transactions between your Funding Source and your Shift Account. These transactions will be either initiated in the Shift App by you ("Manual Transfers") or initiated in the Shift app based on "Rules" you've set up in the App. The frequency and amount of these ACH credit and/or debit transactions will be determined by your Manual Transfers or your Rules. Periodic ACH transactions will be generated by the Shift App to move funds from your Funding Source to your Savings Account based on "Savings" that arise from Shift applying the Rules you've established. Manual Transfers will be processed when authorized by your entry.
You understand that this authorization will remain in full force and effect until you notify Shift that you wish to revoke this authorization. You understand that Shift requires at least 3 business days' prior notice in order to cancel this authorization.
Funding Source Verification
The Funding Source verification process is in place to ensure a Funding Source is compatible with Shift and supports ACH transfers; to prevent Users' goals from being disclosed to unknown funding sources; and to verify external Funding Source account ownership.
One of two methods are used to verify Funding Source: 1) To successfully verify a funding source, two small credit transactions will be sent for processing to the external Funding Source. The amounts of those credits will then be immediately debited out of the Funding Source. Users will need to verify the external Funding Source by entering the deposit amounts in the required fields provided in their Shift Account. Users will be responsible for any fees or penalties assessed by a financial institution that may occur by validating this funding source or 2) the external funding source will be accessed by our data integration partner and ownership and ACH support will be verified.
Shift provides its Users with the ability to share their respective savings goals and send messages between Users sharing the same savings goal. Where you share your savings goals through use of the Shift Platform, all Users sharing that specific savings goal will have the ability to view the total saved by others sharing that savings goal as well as the transaction detail of money saved toward that savings goal. You agree that in inviting others to share one of your goals that others sharing that savings goal will be able to view the amount of your savings, solely as it applies to that savings goal. You agree that by accepting an invitation to share a savings goal, others sharing that savings goal will be able to view your data, solely as it applies to that savings goal.
Third Party Financial Institutions and Subcontractors
Shift employs third parties in order to provide its Services to you. Third party services are used to: verify your identity, speed up and streamline on-boarding, processing of savings transactions and data aggregation. These third parties will have access to only that information provided by you to Shift that is needed by them to execute specific processes necessary to provide you with the Services or with the bank account services you register for in connection with the Shift Platform. They will use this information in order to verify your identity and retrieve your financial data for aggregation. Shift may employ different or additional third parties for these Services. Shift does not review the information retrieved from third parties. Shift is not responsible for the timeliness or accuracy of the data provided by such third parties. In addition, in the event that Shift is permitted to undertake any action under these Terms of Service, you agree that we may permit our third party financial institutions or subcontractors to undertake such action on our behalf.
You agree to let Shift access any account you have set up through our third party processor in connection with the Services. We agree to only use that information to in order to provide you with the Shift Platform and Services.
Timeliness and Accuracy of External Data
As part of the Shift Platform, Shift will retrieve User information from your bank accounts ("Your Bank Accounts") you maintain online with third-party financial institutions with which you have customer relationships, maintain account(s) or engage in financial transactions ("Account Information"). Shift works with one or more online financial service providers under contract to access this Account Information. Shift makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Shift is not responsible for the products and services offered by or on third-party sites.
Shift cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Shift cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Shift Platform, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Shift Platform, in the manner prescribed in the associated instructions.
Online and Mobile Alerts
Shift may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes made online to your User Profile or your Accounts.
Electronic alerts will be sent to the email address you have provided. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Shift Login ID and some information about Your Bank Accounts.
Shift's Intellectual Property Rights
The contents of shiftsavings.com and the Shift Mobile App, including, without limitation, its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including, without limitation, html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other intellectual property laws. The contents of the Shift Platform belong or are licensed to Shift Savings, Inc. or its software or content suppliers. Shift grants you the right to view and use the Shift Platform subject to these terms. You may download or print a copy of information provided on the Shift Platform for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Shift Platform in whole or in part for any other purpose is expressly prohibited without our prior written consent.
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, "unsolicited ideas"), you agree that: (1) your unsolicited ideas become the property of Shift and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Shift may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Shift to review your unsolicited ideas; and (5) Shift has no obligation to keep any unsolicited ideas confidential.
Disclaimer Regarding Use of Mobile Devices
Use of the Shift Platform may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. SHIFT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SHIFT PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. SHIFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SHIFT PLATFORM OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SHIFT PLATFORM IS AT YOUR SOLE RISK.
SHIFT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SHIFT PLATFORM, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SHIFT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SHIFT PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
You understand and agree that any alerts provided to you through the Shift Platform may be delayed or prevented by a variety of factors. Shift does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Shift shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Limitations on Shift's Liability
SHIFT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SHIFT PLATFORM AND SERVICES, YOUR USE OF THE SHIFT PLATFORM, SERVICES OR THESE TERMS AND CONDITIONS, EVEN IF SHIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, SHIFT'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS), EXCEPT TO THE EXTENT ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER CAUSE FOR WHICH APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION.
SHIFT IS NOT LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR INCONVENIENCE ARISING OUT OF YOUR USE OF THE SHIFT PLATFORM AND SERVICES. SHIFT RESERVES THE RIGHT TO CANCEL OR RESTRICT YOUR ACCESS TO THE SHIFT PLATFORM AND SERVICES WITHOUT NOTICE TO YOU. SHIFT IS NOT RESPONSIBLE FOR DAMAGES SUFFERED BY YOU OR ANY INCONVENIENCE CAUSED DIRECTLY OR INDIRECTLY BY OUR TERMINATION OF YOUR ACCESS TO THE SHIFT PLATFORM OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, SHIFT WILL NOT ACCEPT OR HAVE ANY LIABILITY IN THE EVENT OF UNAUTHORIZED USE OF YOUR ACCOUNT WITH SHIFT, THE CONDUCT OF FRAUDULENT OR ILLEGAL ACTIVITIES VIA YOUR ACCOUNT WITH SHIFT, ANY INABILITY TO TRANSACT OR PROBLEMS RELATED TO POOR INTERNET ACCESS, MOBILE DEVICE OR COMPUTER FAILURE OR OTHER COMMUNICATION ISSUES, OR ANY ISSUES RELATED TO THE TIMELY EXECUTION OF A PAYMENT, TRANSFER, DEPOSIT OR SIMILAR.
WHILE SHIFT ENDEAVORS TO PROVIDE SECURE, FAULT-FREE ACCESS TO THE SHIFT PLATFORM AND SERVICES AT ALL TIMES, WE PROVIDE THE SHIFT PLATFORM AND SERVICES "AS-IS", AND IN NO EVENT WILL WE ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT OR PUNITIVE DAMAGES BY OMISSION OR OTHERWISE AS A RESULT OF THE USE OF THE SHIFT PLATFORM AND SERVICES.
Term and Termination
Until your access to the Shift Platform is terminated by either you or Shift, these Terms of Service will remain in force.
Termination by you:
- You may terminate these Terms of Service by notifying Shift via feedback option in “settings” of your intention to terminate.
- In such event, Shift will delete your User Profile and deactivate your login within 48 hours.
- Any funds held in your Shift Account at the time of termination will be credited to your Primary Account.
Termination by Shift:
- Shift may terminate these Terms of Service at any time upon notice, to the email address provided by you as part of your User Profile.
- In such event, Shift will delete your User Profile and deactivate your login within 48 hours.
- Any funds held in your Shift Account at the time of termination will be credited to your Primary Account.
Governing Law and Forum for Disputes
These Terms of Service, and your relationship with Shift under these Terms of Service, shall be governed by the laws of the State of New York without regard to conflicts of law principles. Any dispute with Shift, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service shall be resolved exclusively through arbitration as set forth in the Section below, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Shift may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Shift is able to offer the Service at the terms designated. Your assent to this provision is an indispensable consideration to these Terms of Service.
Agreement to Arbitrate
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Shift prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Service, such termination shall not be effective until 30 days after the version of these Terms of Service not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against Shift prior to the effective date of removal.
- These Arbitration provisions will survive the termination of Your relationship with Shift.
If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.
You agree that if Shift does not exercise or enforce any legal right or remedy which is contained in these Terms of Service, this will not be taken to be a formal waiver of Shift's rights and that those rights or remedies will still be available to Shift.
All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.
These Terms of Service represent the entire understanding and agreement between you and Shift regarding the subject matter of the same, and supersede all other previous agreements.
© Shift Savings, Inc. 2016, all rights reserved. Unless otherwise specified, the content of the Shift Website and Shift Mobile App including, but not limited to, text, graphics, logos, buttons, images, data compilations, icons, and code, is the property of Shift Savings, Inc. and/or its affiliates, and is protected by United States and international copyright laws.