Privacy Policy

THE SHIFTBAY.COM ONLINE USER AGREEMENT:

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY SHIFTBAY WEB SITE (the "Web Sites" or "Service") YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT ("Agreement") BETWEEN YOU AND SHIFTBAY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITES. ADDITIONALLY, IF YOU ARE A MEMBER OF THE SUBSCRIBERS ADVANTAGE PROGRAM, YOU ADDITIONALLY AGREE TO ABIDE BY THE MEMBER AGREEMENT AT SECTION 10 BELOW.

1. GENERAL INFORMATION.

1.1 The Web Sites are provided by Shiftbay, Inc.(Shiftbay). Shiftbay reserves the right, at its discretion, to change the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of the Web Sites. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the Web Sites.

1.2 Any notice or statement of changes/modifications described above will be displayed online, and such display shall constitute effective notice under this Agreement. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Additionally, your continued use of the Web Sites after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by any such changes.

1.3 All references herein to Shiftbay, its services, licensors and/or vendors, also include their officers, directors, employees, affiliates, agents, representatives or subcontractors.

2. THE SERVICE AREA.

2.1 The "Service Area" shall mean all areas and aspects of the Service including, without limitation, text, data, photos, graphics and/or video or any information obtained through the Web Sites (collectively referred to herein as "Information"), Shiftbay's computers or network and any subscription or software, product, service, or information provided by Shiftbay. Shiftbay has entered into contractual relationships with certain vendors, sponsors, and advertisers of products or services (the "Vendors"), whereby Shiftbay may link to or display Information, advertisements, discounts, products, goods, or services offered by the Vendors. Shiftbay does not guarantee the availability or accuracy of any such Vendor Information or offers, nor does it endorse any of their products or services.

2.2 Shiftbay shall not be held liable, directly or indirectly, for any loss or damage caused by Your use of: a) any external site linked to the Service, b) Vendor Information, or c) Vendor products or services. Statements made on the Service Area concerning the products or services of Shiftbay do not constitute an offer, but are merely solicitations of an offer.

3. LIMITATIONS ON USE AND USER SUBMISSIONS.

3.1 Copyright, Patent and Trademark Notice. All content of the Web Site, including but not limited to, all text, photos, graphics, audio, software, and/or video is copyrighted by Shiftbay,Inc. © 2003 to 2005 Shiftbay, Inc. All rights reserved.

No portion of the content may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium. Nor may any portion of the content be stored in a computer or distributed over any network except that you may download or print one copy of occasional articles strictly for personal and non-commercial use.

Shiftbay, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, and/or registered trademarks of Shiftbay. All other product names and company logos mentioned herein are trademarks of their respective owners. Neither these materials nor any portion thereof may be stored in a computer except as reasonably necessary for personal and non-commercial use.

3.2 Notice of Copyright Infringement. Shiftbay respects the copyrights of others. Shiftbay reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Shiftbay has implemented procedures for receiving written notification of claimed infringements. If you believe that your copyrighted work has been reproduced on our site in a way that constitutes copyright infringement you may notify our designated copyright agent, John Kook, at Shiftbay 5868 Westheimer Rd. #431 Houston, TX 77057, (713) 344-0156, or by email at skook@shiftbay.com.

3.3 Restricted Use of the Site. You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from your use of the Service.

3.4 Your Submission of Messages. You hereby grant to Shiftbay a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose all messages posted by You on the Service or any e-mail sent by You to Shiftbay (in whole or in part) and to incorporate any such messages or e-mails in any form, media or technology now known or later developed.

3.5 Public messages. All electronic forums made available to users of the Service are the sole property of Shiftbay and are not a public forum. You understand and acknowledge that all information, data, software, music, sound, photographs, graphics, video, messages or other materials posted by any person or entity other than Shiftbay ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You assume total liability for all Content that you upload, post, email or otherwise transmit via the Service. Shiftbay assumes no liability for any such Content. You agree not to use the Service to:

a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful, or is racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, an official or representative of Shiftbay, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;

e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. upload, post, email or otherwise transmit 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;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another; or

m. collect or store personal data about other users. You acknowledge that Shiftbay does not pre-screen Content, but that Shiftbay and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Shiftbay and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that Shiftbay may preserve Content and may also disclose Content 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 Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Shiftbay, its users, or the public.

3.6 Linking. Without the prior written consent of Shiftbay, you may not use any of Shiftbay's proprietary logos, marks, or other distinctive graphics, video, or audio material in Your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Shiftbay; 2) cause confusion, mistake, or deception; 3) dilute Shiftbay's trademarks or service marks; or 4) otherwise violate state or federal law.

4. ACCESS AND DELAYS IN SERVICES. Shiftbay shall have no responsibility to provide You access to the Web Sites. Further, Shiftbay, its services, syndicates or Vendors shall not be liable to You for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.

5. MONITORING OF SITE. You acknowledge that Shiftbay reserves the right to, and may from time to time, monitor for all lawful purposes any and all Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring.

6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.

6.1 General Disclaimer and Limited Warranty. You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the Web Sites are compiled from sources which may be beyond the control of Shiftbay. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Shiftbay and its licensors and Vendors do not warrant the accuracy or suitability of such Information. Neither Shiftbay nor its licensees or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB SITES ARE PROVIDED TO YOU ON AN "AS IS WITH ALL FAULTS BASIS." SHIFTBAY AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, SHIFTBAY AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEB SITES WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS.

6.2 You assume all risk of errors and/or omissions in the Web Sites, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Sites, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.

6.3 Viruses. YOU ACKNOWLEDGE AND AGREE THAT SHIFTBAY USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE WEB SITES OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD SHIFTBAY HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.

6.4 YOU AGREE THAT SHIFTBAY AND ITS LICENSORS AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO SHIFTBAY BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF SHIFTBAY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

7. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SHIFTBAY AND ITS LICENSORS AND VENDORS FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTIONS OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, REASONABLE ATTORNEYS' FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY PERSONS OR ENTITIES ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE WEB SITES, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITES. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.

8. PRIVACY.

8.1 Privacy. This privacy policy describes how Shiftbay treats the personally identifiable information that is collected about you by Shiftbay or third party hosting services when you visit shiftbay.com. If you have any questions or concerns about these privacy guidelines, please send an e-mail to webmaster at: webmaster@shiftbay.com. Any information you provide when you visit web sites other than those covered by this policy or when you purchase any products or services that may be offered or advertised on our web site by companies other than Shiftbay is subject to the privacy policies of the third party organizations who run and/or own these web sites. This policy also does not apply to information you may provide to us offline.

8.2 Collection of Personally Identifiable Information. Shiftbay generally collects personally identifiable information when you specifically and knowingly provide us with it. For instance, when you enter a sweepstakes or contest, complete a survey, or subscribe to Shiftbay online you will be asked to provide information such as your e-mail address, name, phone number, and sometimes shipping address. Optional information such as your age or gender may also be requested. Shiftbay and its advertisers may collect nonpublic personal information from the online forms you complete in order to obtain the financial product or service, from information collected as a result of your transactions with Shiftbay, our advertisers or others, and, from consumer reporting agencies.

8.3 Use of Personally Identifiable Information. Shiftbay uses this information to provide you with the service you have requested. If you subscribe to Shiftbay, we may use your e-mail address to send you a confirmation notice and your mailing address to deliver the paper. Similarly, if you enter online sweepstakes, we will use this information to notify you if you are a winner.

If we collect nonpublic personal information from you to provide third-party financial products and services requested by you, such third-party's use of your personal information will be subject to their privacy policy as disclosed to you by them.

If you seek to access Shiftbay's archives online, you will be asked to complete a registration form, and to furnish us information concerning your age, gender, education, income, zip code and whether or not you subscribe to Shiftbay. We use this information to understand usage of the site and to send you e-mails about offers we think may be of interest. We may share this information with our third party service provider who is fulfilling your request.

We may also use information you provide to serve your ads, and, if you have given your consent for us to do so, to send you e-mails concerning offers from our partners and other third parties that we think may be of interest to you. We may disclose all of the information we collect about you to our affiliates who offer related goods and services, and to nonaffiliated third parties that perform services on our behalf, including marketing services, or other financial institutions with whom we have joint marketing agreements.

When you conduct e-commerce with one of the e-commerce affiliates to which our site is linked, personal information such as your email and home address may be collected by the vendor's server and made available to us. We do obtain credit card information you may provide to that vendor, however we use it only in connection with facilitating your order. We may use the information provided to us on an anonymous aggregated basis for purposes of analyzing traffic and usage.

Shiftbay will not disclose any nonpublic personal information about our current or former customers and consumers to anyone, except as permitted or required by law, or as described herein.

We have procedures in place that are designed to limit access to nonpublic personal information to those employees and other individuals who need to know such information to provide products and services to you. Although no system can be guaranteed to be 100% secure, we will endeavor to maintain physical, electronic, and procedural safeguards to protect the confidentiality of your nonpublic personal information as required by law.

8.4 Sharing of Personally Identifiable Information. Record of your registration is the property of Shiftbay and is protected by and subject to the U.S. Electronic Communications Privacy Act. Shiftbay reserves the right to use registration information for its marketing and membership endeavors. The personally identifying information that we collect about you online will not be shared with any third party, with the following exceptions:

… Information that Shiftbay in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena;

… Information revealed during the course of Shiftbay's enforcement of the policies and procedures of the website, or during the course of any disciplinary actions with respect to a member;

… Information in a manner expressly permitted by the provisions of this Section 8;

… Information that Shiftbay in good faith determines must be disclosed to correct what it believes to be false or misleading information or to address activities that Shiftbay believes to be manipulative, deceptive or otherwise a violation of law; or

… Unless you are otherwise notified at the time we collect the data; _ Unless we have your consent to share the information; _ Unless we need to share your information to provide the product or service you have requested; _ If the information is furnished in connection with a contest entry, and we share it with the contest sponsor; _ If we need to send the information to companies who work on behalf of Shiftbay to provide a product or service to you. (Unless otherwise stated, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us); _ If the entity to whom the information is disclosed is one under control of, or under common control with Shiftbay (for these purposes, a company controlling twenty (20%) percent or more of the voting stock of another entity shall be deemed to control such entity); or _ When the disclosure is made in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by the web sites to which this policy applies.

Note also, your electronic mail address may become public when you participate in Web Sites' electronic forums.

8.5 Privacy of Minors. Protecting the privacy of children is especially important. Shiftbay will not accept members who are under the age of thirteen (13). Shiftbay does not knowingly collect information about children and will delete any such information that it discovers or is made aware of.

8.6 Your IP Address. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers -- the computers that send out Web pages -- automatically identify your computer by its IP address. Shiftbay collects IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of our site. Shiftbay does not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our rules and policies or terms of service or to protect our service, site, customers or others.

8.7 Cookies: Cookies are pieces of information that a Web site transfers to an individual's hard drive for record-keeping purposes. Cookies make Web-surfing easier for you by saving your preferences while you're at a site. The use of cookies is an industry standard -- you'll find them at most major Web sites. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. You may occasionally get cookies from our advertisers or from our affiliate sites. Shiftbay does not control these cookies, and they may or may not collect personally identifiable information. The use of advertising cookies sent by third-party servers is standard in the Internet industry. Shiftbay (or third party service providers on our behalf) may also use cookies to collect aggregate information about web site users on an anonymous basis. We may share aggregate demographic and usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose.

8.8 Non-US Users: If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States . By using this web site, you consent to this transfer.

8.9 Changes to Privacy Policy: Shiftbay may change this policy from time to time in its discretion. Your continued use of our sites indicates your consent to this privacy policy and any amended versions of it. This policy was last updated on July 18, 2005.

9. UNSOLICITED E-MAIL AND DIRECT MARKETING.

9.1 Unsolicited e-mail. Shiftbay supports responsible e-commerce. Shiftbay does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail ("SPAM").

9.2 Electronic direct marketing programs. Shiftbay does develop and participate in electronic direct marketing to users of the Web Site who elect to receive electronic mail by registering an account with the site. In keeping with this Agreement, Shiftbay does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who participate in Shiftbay's electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. Shiftbay then forwards the advertisements or other information only to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their e-mail address be removed from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by Shiftbay. In addition, users may elect to be removed from such lists at any time by sending a message to the System administrator at webmaster@shiftbay.com. By registering and maintaining an account with Shiftbay, the user acknowledges that Shiftbay may continue to send information about system changes, updates and other non-advertisement related messages which may affect the user or user’s account.

9.3 Reporting SPAM. Users who receive SPAM or any threatening or offensive e-mail may report it to Shiftbay by forwarding the unedited message with the full message header to abuse@shiftbay.com.

9.4 Reservation of Rights. Shiftbay reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by Shiftbay to be objectionable in its sole discretion. Shiftbay reserves the right to suspend or terminate any person or entity's use of or access to the Service if it determines in its sole and absolute discretion that such person has used or intends to use the Service in violation of this policy. A failure of Shiftbay to exercise any right provided for herein shall not be deemed to be a waiver of such right.

10. MISCELLANEOUS

10.1 Governing Law; Limitations; Venue. The laws of the State of Texas , excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to Your access and use of the Service as contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may EXCLUSIVELY be brought in the state or federal courts located in Houston, Harris County, Texas, and You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as Your agent for service of process. You agree to waive any objection that the state or federal courts of Harris County, Texas are an inconvenient forum.

10.2 Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Shiftbay. Any assignment other than as provided for in this Section 10.2 shall be null and void.

10.3 Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.

10.4 U.S. Government Restricted Rights. The materials on the Web Sites are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Shiftbay's proprietary rights in them.

10.5 Termination. Shiftbay may terminate or suspend Your use of the Web Sites for any reason. Termination or cancellation of Your use of the Web Sites shall not effect any right or relief to which Shiftbay may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to You will terminate and revert to Shiftbay.

10.6 Notice. Official correspondence must be sent via postal mail to: Shiftbay, 5868 Westheimer Rd. #431, Houston, TX 77057

10.7 ENTIRE AGREEMENT. THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU BEGIN USE OF THE SERVICE. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND SHIFTBAY.