Terms of Use

Welcome to www.BitShiftInteractive.com and its associated webpages (the "BitShift Interactive Site"). By accessing, browsing and/or using the BitShift Interactive Site, you acknowledge that you have read, understood and agree to abide by and comply with these Terms of Use. BitShift Interactive reserves the right, in its discretion, to update or revise these Terms of Use and to post such updates on this site. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

BitShift Interactive LLC., and/or its affiliates ("BitShift Interactive") provide website features and other products and services to you when you visit or shop at the BitShift Interactive Site, use BitShift Interactive products or services, use BitShift Interactive applications, or use software provided by BitShift Interactive in connection with any of the foregoing (collectively, "BitShift Interactive Services"). Your access to the BitShift Interactive Site, and all BitShift Interactive Services, are subject to these Terms of Use. However, as we offer a wide range of BitShift Interactive Services, additional terms may apply to individual BitShift Interactive Services, and you may only be able to use certain BitShift Interactive Services (such as BitShift Interactive software) if you have executed an agreement with BitShift Interactive applicable to such BitShift Interactive Services, which may be in clickwrap form (a "Product/Service Agreement" or "EULA"). If these Terms of Use are inconsistent with a Product/Service Agreement relating to a specific BitShift Interactive Service, that Product/Service Agreement will control with respect to the specific BitShift Interactive Service.

Privacy
Please review our Privacy Policy, which also governs your use of BitShift Interactive Services, to understand our practices. BitShift Interactive reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request. You agree that BitShift Interactive may place a cookie or other small text file on any computer from which you access this site or the services.

Use of the Website
By accessing the BitShift Interactive Site, you warrant and represent to BitShift Interactive that you are legally entitled to do so.

Age of Majority
If you are under the age of majority in your area of residence, you may use the BitShift Interactive Services only with involvement of a parent or guardian. BitShift Interactive reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.

Electronic Communications
When you use any BitShift Interactive Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the BitShift Interactive Site or through other BitShift Interactive Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement. When you provide BitShift Interactive with your e-mail address, or sign up to receive e-mail from us, you consent to receiving commercial e-mail.

Intellectual Property Rights
Neither you nor anyone acting on your behalf may acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site. Any grants not expressly granted herein are reserved.

All contents of this site are © Copyright 2008-2017 BitShift Interactive LLC.

All content that is made available to view and/or download in connection with this site is owned by and is the copyrighted work of BitShift Interactive and is protected by copyright laws and international treaty provisions. You agree that you will not download any content without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.

BitShift Interactive Site License and Access
BitShift Interactive hereby grants you a limited license to visit, browse, access and use the BitShift Interactive Site subject to these Terms of Use, including the following limitations:

1. Except as expressly permitted by this Agreement, you may not download (other than page caching), modify, or alter the BitShift Interactive Site, or any portion of it, except with the express written consent of BitShift Interactive. This license specifically does not include: (1) any resale or commercial use by you of the BitShift Interactive Site; (2) any derivative use of the BitShift Interactive Site or its contents; (3) any use of data mining, robots, or similar data gathering and extraction tools; (4) any reproduction, duplication, copying, selling, reselling, re-posting or any exploitation of the BitShift Interactive Site or its contents for any public or commercial purpose without the express written consent of BitShift Interactive; (5) any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the BitShift Interactive Site, or otherwise interferes with its proper functioning; and (6) mirroring of any material contained on the BitShift Interactive Site on any other server.
2. Unless otherwise specified, the content provided in this site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the BitShift Interactive Site.
3. You may not attempt to gain unauthorized access to the BitShift Interactive Site and/or any BitShift Interactive computer systems or networks connected to the BitShift Interactive Site, through hacking, password mining or any other means.
4. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the BitShift Interactive Site.
5. You will ensure that your use, or the use of any third party through you, of the BitShift Interactive Site and the BitShift Interactive Services does not interfere with, degrade, or adversely affect any BitShift Interactive software, system, network or data or that of any other users of the BitShift Interactive Site or the BitShift Interactive Services. You and anyone obtaining access to the BitShift Interactive Site or BitShift Interactive Services through you will not post or transmit any harassing, abusive, libelous, illegal, deceptive or otherwise offensive messages or information whatsoever. You and anyone obtaining access to this website through you will not use the BitShift Interactive Site or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
6. You and anyone obtaining access to this website through you will not use the BitShift Interactive Site or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
7. You shall not use, nor permit others to use, the BitShift Interactive Site in a manner or for a purpose contrary to these Terms of Use or any Product/Service Agreement.

Hourly Programming Services
By purchasing hourly programming services provided by BitShift Interactive, you agree to the following terms and limitations:
1. Hours are purchased in advance at the then current rate.
2. Unless otherwise agreed upon in writing, the minimum purchase required in any transaction for hours is 3 hours and the maximum is 200 hours.
3. Purchased hours are non-refundable and non-transferable.
4. Unless otherwise agreed upon in writing, purchased hours expire 12 months after the date of purchase.
5. The purchaser is required to delegate tasks to BitShift Interactive. If requested, BitShift Interactive can provide an estimate of time required to perform a specific task. Time estimates are not a guarantee to complete a task by a specific date or in a specific amount of time.
6. Purchaser acknowledges that all time used in association with the purchasers tasks or account is billable against the hours remaining in the purchasers account. This includes but is not limited to: communication, meetings, research, planning, implementing code and fixes.
7. BitShift Interactive does not use long term contracts. BitShift Interactive is obligated to the purchaser only for the number of hours remaining on the purchasers account.
8. BitShift Interactive schedules and executes tasks as time permits and in a way that is most efficient for the current entire workload. BitShift Interactive does not guarantee execution of any task by any specific date or time. It is the purchasers responsibility to communicate with BitShift Interactive about any and all deadlines for tasks before purchasing hours.
9. In the event of any chargeback or cancelled/reversed payment by the purchaser, BitShift Interactive has the right to withhold or destroy work that has been completed in association with the tasks requested by the purchaser. BitShift Interactive will not be held responsible for any loss or damages to the purchaser as a result of withholding or destroying the work.
10. BitShift Interactive will not be held responsible for any loss or damages to the purchaser as a result of any action taken to perform the tasks requested by the purchaser. 11. BitShift Interactive has the right to terminate the remaining hours on any account for any reason. Refunds for terminated hours are at BitShift Interactive's discretion.

Accuracy of Information
You may be permitted to or asked to submit information to BitShift Interactive. You expressly represent and warrant: (a) that you have the authority to provide BitShift Interactive with all such information; (b) that all such information may be used by BitShift Interactive for the purposes intended; and (c) that all such information shall be true, accurate, and complete. You agree that if any information you provide is false, inaccurate, obsolete, incomplete or provided without such authority, we may terminate your use of the BitShift Interactive Site and any or all BitShift Interactive Service(s).

Reviews, Comments, Communications, and Other Content
BitShift Interactive takes no responsibility and assumes no liability for any content posted by you or any third party. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. BitShift Interactive reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant BitShift Interactive a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public such content throughout the world in any media. You grant BitShift Interactive and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BitShift Interactive for all claims resulting from content you supply. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, YOU DO SO AT YOUR OWN RISK. No compensation will be paid with respect to the use of any information or content submitted by you. BitShift Interactive is under no obligation to post or use any information you may provide.

External Links
External links may be provided for your convenience, but they are beyond the control of BitShift Interactive and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. BitShift Interactive is not responsible if any third party website is not working appropriately. Other than to the extent required under applicable consumer protection law, under no circumstance will BitShift Interactive be liable for any loss or damage caused by your reliance on information obtained through the BitShift Interactive Site or a third party linked site (including any opinions, statements or advice), or your reliance on any product or service obtained from any user of the BitShift Interactive Site or any third party linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the BitShift Interactive Site, or obtained from a third party linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website to which this site is linked.

Risk of Loss
All physical items purchased from BitShift Interactive are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You therefore assume all responsibility for claims against the carrier for loss or damage.

Pricing
Unless otherwise provided, prices are in American currency("USD"). Prices are exclusive of, and you will pay, all applicable sales, use, consumption, goods and service, value added withholding, and all other applicable federal, state, provincial and local taxes. Prices are also exclusive of, and you will be responsible for payment of, all fees and charges related to customs, duties and brokerage.

Indemnification
You agree to defend, hold harmless and indemnify BitShift Interactive, its affiliates, and their respective officers, directors, employees, consultants, agents, shareholders, licensors, sponsors and representatives from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; (ii) your use of the content or services available on the BitShift Interactive Site in any unauthorized manner, or (iii) your violation of any law or of any third party rights.

Severability
These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Disclaimer of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE BitShift Interactive Site, OR OBTAINED FROM A THIRD PARTY LINKED WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BitShift Interactive ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL BitShift Interactive BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
BitShift Interactive assumes no responsibility for errors or omissions in the information which is referenced by or linked to the BitShift Interactive Site. IN NO EVENT SHALL BitShift Interactive BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED ON THIS SITE, (2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR BitShift Interactive SERVICES, WHETHER OR NOT BitShift Interactive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

International Users
The BitShift Interactive Site is controlled, operated and administered by BitShift Interactive (or its licensees) from its offices within The United States and is not intended to subject BitShift Interactive to the laws or jurisdiction of any state, country or territory other than those of The United States. Those who choose to access the BitShift Interactive Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to American export controls and are responsible for any violations of such controls, including without limitation any American embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the buyer. Without limiting the foregoing, BitShift Interactive may limit BitShift Interactive Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Violations of These Terms of Use and Termination
Where feasible (in BitShift Interactive's sole discretion), BitShift Interactive will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this site or any BitShift Interactive Services are used in a way in which BitShift Interactive, in its sole discretion, deems to violate these Terms of Use, BitShift Interactive or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content or filtering of Internet transmissions, and termination of any Product/Service Agreement. BitShift Interactive shall not be liable in any way for any such responsive actions. The above-described actions are not BitShift Interactive's exclusive remedies and BitShift Interactive may take any other legal, equitable or technical action it deems appropriate.

BitShift Interactive reserves the right to investigate suspected violations of these Terms of Use. You hereby authorize BitShift Interactive to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms of Use.

Notwithstanding the foregoing, BitShift Interactive reserves the right to revoke your authorization to visit, browse, access and use the BitShift Interactive Site at any time without notice. All restrictions herein shall survive the termination of your right to visit, browse, access and use the BitShift Interactive Site.

Applicable Terms
Use of the BitShift Interactive Site and BitShift Interactive Services shall in all respects be governed by the laws of the State of Colorado, USA, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Colorado courts located in Parker/Denver, Colorado, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms of Use or to any contracts relating to goods or services obtained through this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English.

Contact
If you have any questions regarding these Terms of Use or intellectual property matters, or if you have any legal concern relating to BitShift Interactive or its business or BitShift Interactive Services, please contact BitShift Interactive at:

Email: bitshiftinteractive@gmail.com

Mailing Address:
BitShift Interactive LLC.
PO Box 3228
Parker, CO 80134