SHIFT POWER SOLUTIONS, INC. (SHIFT) MAKES INFORMATION AVAILABLE ON THIS WEB SITE (THE "SITE"), SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. SHIFT RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS, AND THE PRODUCTS, SERVICES, AND OTHER INFORMATION MENTIONED ON THE SITE AT ANY TIME, AT ITS SOLE DISCRETION, WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS AND CONDITIONS. SHIFT RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY FOR ANY VIOLATION OF THESE TERMS AND CONDITIONS. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS BELOW, YOU SHOULD NOT USE THIS SITE.
Use of Site Materials
All documents and other information provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Shift and are protected by copyright, trade dress, and other laws.
You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.
© 2009 Shift Power Solutions, Inc.. All rights reserved.
Copyrights and Copyright Agents.
Shift respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@Shiftpowersolutions.com and provide Shifts copyright agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Shifts agent for notice of claims of copyright infringement on this Site can also be reached as follows:
Mintz Levin Cohn Ferris Glovsky and Popeo PC
Attn Andrew Skale | Member
3580 Carmel Mountain Road, Suite 300 | San Diego, CA 92130
Direct: (858) 314-1506 | Fax: (858) 314-1501
Shift and its stylized mark are trademarks of Shift Power Solutions, Inc.. All other trademarks and/or service marks are the property of their respective owners.
Warranties and Disclaimers; Liability Limitations
DISCLAIMER OF WARRANTY:
THE SITE AND MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. SHIFT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN RELATING TO THE SITE OR MATERIALS. SHIFT DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER REGARDING FORWARD-LOOKING STATEMENTS:
IN ADDITION TO HISTORICAL INFORMATION CONTAINED HEREIN, THE SITE CONTAINS PREDICTIONS AND OTHER FORWARD-LOOKING STATEMENTS THAT INVOLVE RISKS AND UNCERTAINTIES, INCLUDING (A) STATEMENTS CONCERNING SHIFTS EXPECTED FINANCIAL CONDITION, RESULTS OF OPERATIONS AND CAPITAL REQUIREMENTS, (B) THE IMPACT OF COMPETITION AND TECHNOLOGICAL CHANGES, (C) WHETHER POTENTIAL NEW PRODUCTS WILL BE SUCCESSFULLY DEVELOPED OR GAIN MARKET ACCEPTANCE, (D) THE DOMESTIC AND INTERNATIONAL REGULATORY ENVIRONMENT AND THE POTENTIAL IMPACT OF REGULATORY CHANGES, UNCERTAINTIES OR DELAYS, (E) POTENTIAL CONTRACT DISPUTES OR CONFLICTS REGARDING INTELLECTUAL PROPERTY RIGHTS, (F) THE OUTCOME OF ANY LITIGATION IN WHICH SHIFT IS INVOLVED AND THE POTENTIAL IMPACT OF LITIGATION ON SHIFTS BUSINESS, AND (G) OTHER RISKS. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM THOSE PROJECTED. SHIFT HEREBY DISCLAIMS ANY INTENT OR OBLIGATION TO UPDATE THESE FORWARD-LOOKING STATEMENTS.
SHIFT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS WHICH ARE INCLUDED WITHIN, REFERENCED BY, OR LINKED TO OR BY THE SITE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, SHIFT MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS AND SERVICES THAT ARE NOR AVAILABLE IN YOUR COUNTRY. CONSULT THE SHIFT BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT MAY BE AVAILABLE TO YOU.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIFT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SITE OR ANY MATERIALS. IN NO EVENT SHALL SHIFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SHIFT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Third-Party Products and Services
The Site may contain mention of third-party products and services for informational purposes. Shift makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by Shift "AS IS," without warranty of any kind, either express or implied, or statutory, including, but without limitation, the implied warranties of noninfringement of third party rights, merchantability, and fitness for a particular purpose.
Shift controls and operates this Site from its headquarters in the State of California, United States of America, and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. The information on export laws provided herein is not necessarily complete. For more information on export laws, please refer to 15 C.F.R. §§ 736, 738, 744, 746, or the United States Commerce Department at www.bis.doc.gov.