Welcome to our website (this "Site"), which is owned and operated by MyWorkShift, Inc., an Arkansas corporation ("MyWorkShift"). Your access to, and use of, this Site and our services found at this Site is subject to the following terms and conditions of use ("Terms of Use"). Whether you are simply browsing this Site or are a registered client or customer of this Site (collectively, "User"), your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these terms and conditions expressed in this Terms of Use. If you do not agree to these terms and conditions, do not use this Site.
The terms "we", "us" and "our" shall refer to MyWorkShift. The terms "you" "your" or "User" shall refer to the person, firm, corporation or organization accessing and utilizing the services on this Site.
MyWorkShift reserves the right to alter, modify, add to or terminate any or all of the terms and conditions at any time. Any such revisions shall be effective immediately upon being posted on our Site. Your use of the Site after revisions have been posted, indicated by the date of last posting, shall signify your consent to the revisions and agreement to be bound by the revision.
By your use of this Site and our services, you represent and warrant to MyWorkShift that you, if an individual, are over 18 years of age and legally capable entering into a valid and binding contract under the law of your residence, or, if a corporation, organization or other entity, that you are duly authorized to enter into a valid and binding contract upon behalf of such corporation, organization or other entity.
You agree that:
(1) Your use of the Site and service provided will be subject to an in accordance with these rules and regulations.
(2) You will not impersonate another person or entity.
(3) You will not use the Site or the services provided that in any manner that interferes with the operation of the Site or the services provided.
(4) You will not use the Site or the services provided in a manner that contains or installs any virus or other program that possesses the capability of interfering with or damaging software or hardware.
During your registration to use the service which MyWorkShift provides, you will submit certain personally identifiable information, including without limitation (1) name, (2) address, (3) email address and (4) telephone number. This personally identifiable information will be used by MyWorkShift to communicate with the person, firm, corporation or other organization identified by you to be your employer in order for you to schedule the days and times of day which you will work for your employer.
Any other use of your personally identifiable information is subject to our Privacy Policy.
**. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". We DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES, SPECIFICALLY INCLUDING ADVERTISEMENTS, LINKED TO THIS SITE, AND/OR (III) OUR SERVICES FOUND AT THIS SITE OR ANY linked SITES.
You acknowledge and agree that neither we, nor any person, firm, corporation or organization nor any officer, or other representative of ours or any other any person, firm, corporation or organization has provided any verbal promises or representations to you to induce your subscribing to the services offered through the Site, and you agree that nothing contained in any statement, written or oral, that may have been made to you provides the basis for any type of warranty.
**. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, OR CONTENT OF ANY SITES LINKED TO THIS SITE, (II) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED TO THIS SITE, (III) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION EITHER OBTAINED BY UNAUTHORIZED ACCESS TO OUR SERVER OR FROM YOUR EMPLOYER, WITH OR WITHOUT YOUR EMPLOYER’S CONSENT, (VII) ANY LOSS OF INFORMATION STORED ON OUR SERVER, (VIII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE, (IX) ANY VIRUSES, MALWARE OF EVERY TYPE AND DESCRIPTION WHETHER KNOWN OR UNKNOWN AT THE INSTANT YOU USE THE SITE AND THE SERVICES PROVIDED, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
LASTLY, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION WHICH YOU MAY WISH TO AND OR ACTUALLY INITIATE AGAINST US.
**. SUCCESSORS AND ASSIGNS
These Terms and conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
**. NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms and conditions shall be deemed to confer any rights or benefits to or upon any third-party.
**. GOVERNING LAW; JURISDICTION; VENUE.
The foregoing Terms and conditions shall be governed by and construed in accordance with the federal law of the United States and the state law of Arkansas. You agree that any action relating to or arising out of these Terms and conditions shall be brought in the state or federal courts located within Pulaski County, Arkansas, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts located within Pulaski County, Arkansas.
Any questions or comments should be sent to us at the following addresses:
MyWorkShift, Inc.
5508 Tulley Cove,
Little Rock, AR 72223
(501) 352-1346
email - help@myworkshift.com