Terms of Service
Date of Last Revision: October 7, 2016
Welcome to EasyShift, Brought to You By Quri!
Quri, Inc. (“Quri,” “we,” “us,” “our”) provides the EasyShift service (described below) to you through its website located at www.EasyShiftapp.com (the “Site”) and through its related mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. For material changes, we will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Plain Language: The EasyShift App is brought to you by Quri, subject to our Terms of Service, available here: http://EasyShiftapp.com/policies/terms. If we ever change the terms, we will let you know here.
Access and Use of the Service
EasyShift Service Description: EasyShift is designed to provide you with a fun, quick and easy way to earn money, by performing services or assignments, including, taking a picture, recording a price or giving your opinion., A Shift is a set of tasks we ask you to perform. In connection with the performance of a Shift, you may be required to submit certain deliverables like pictures or opinions (“Deliverables”). Payment is only made once you complete the Shift in accordance with all applicable specifications (e.g., the description of the Shift and its requirements, as listed on the Service), submit to Quri all Deliverables, and notify us that you have done so, as described in the Service (“submit the Shift”).
Your Obligations and Performance of Shifts: By accepting or performing a Shift, you hereby represent, warrant and agree:
- at all times, to act and perform the Shift in a professional and workmanlike manner that reflects positively on Quri;
- you shall not perform any actions related to the Services, including without limitation in submitting of any Shift, that may be considered fraudulent or misleading (including without limitation, submitting a Shift that you did not complete, or spoofing your location);
- none of the Shifts you perform through the Services nor any part of this Terms of Service are or will be inconsistent with any obligation you may have to others;
- you shall comply with all applicable laws in the course of performing the Shifts; and
- the performance of the Shift and any Deliverables you upload through the Services will conform to the applicable specifications therefor.
Plain Language: We pay you for completing Shifts. That said, we expect you to do good, complete work, be honest about having performed the Shift, follow all laws, and always act in a professional manner that reflects positively on EasyShift.
Shifts may be posted on the Service on behalf of merchants, businesses, and others (“Merchants”), but you do not work for and you are not hereby contracting with any such Merchant. Additionally, even a Letter of Authorization shall not constitute a relationship with the Merchant. YOU ACKNOWLEDGE AND AGREE THAT NO MERCHANT WILL HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU WITH REPSECT TO THE SERVICES. YOU DO NOT, AND WILL NOT REPRESENT TO OTHERS, THAT YOU HAVE ANY RELATIONSHIP OR OTHER AFFILATION WITH ANY MERCHANT.
You are an independent contractor of Quri and not its employee, agent, partner or joint venturer, and you shall not bind nor attempt to bind Quri to any contract. You shall accept any directions issued by Quri pertaining to the Shifts (including any instructions or requirements posted on the Service), but you shall be solely responsible for the manner and hours in which you perform the Shift under these Terms of Service. You will not be eligible to participate in any of Quri’s employee benefit plans, group insurance arrangements or similar programs. Quri shall not provide workers’ compensation, disability insurance, Social Security or unemployment compensation coverage or any other statutory benefit to you. You shall comply at your expense with all applicable laws in connection with the Services and your performance of Shifts. YOU ACKNOWLEDGE AND AGREE THAT YOU REMAIN SOLELY RESPONSIBLE FOR YOUR PERFORMANCE OF SHIFTS, AND WE SHALL HAVE NO LIABILITY TO OTHERS WITH RESPECT TO YOUR ACTIONS OR INACTION.
Plain Language: You are not our employee, and you don’t work for our clients. You are responsible for your own actions at all times.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Quri of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Quri will not be liable for any loss or damage arising from your failure to comply with this Section.
Plain Language: You have to be 18 to use the service. For certain shifts you must be 21.
Modifications to Service: Quri reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Quri will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Quri may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Quri’s servers on your behalf. You agree that Quri has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Quri reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Quri reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Plain Language: You are responsible for the phone you use to access EasyShift, and any phone-related charges.
Conditions of Use
User Conduct: You are solely responsible for all Deliverables, video, images, information, data, text, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Quri. Quri reserves the right to investigate and take appropriate legal action against anyone who, in Quri’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Quri, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Quri or its users to any harm or liability of any type;
- 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; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Payments and Reimbursements to You:In order to perform a Shift, you will be required to provide Quri with your payment information. You represent and warrant to Quri that such information is true and that you are authorized to use the applicable account. To ensure proper payment, you will promptly update your account information with any changes to your contact or payment information that may occur. If Quri is unable to make payments for 6 months due to inaccurate payment information, the payment will be permanently cancelled. Quri will remit payments due to you under the terms specified on the Service and this Terms of Service, and we aim to remit such payments no later than forty-eight (48) hours after your completed Shifts are submitted and approved by Quri (including any Deliverables). Quri may take longer than forty-eight (48) hours to remit payment of any bonuses or similar amounts owed to you under the terms specified in the Service and this Terms of Service (e.g., in connection with performing a certain number of Shifts). Because payment of bonuses or similar amounts may come in the form of a gift card or debit card, additional terms and conditions may apply to your use of any such gift card or debit card, including those of the card operator. To the extent you are specifically asked to purchase an item or service in order to complete the Shift, you may be required to provide proof of purchase, and Quri will reimburse you after you complete and submit the Shift to Quri, under the terms specified in the Service and this Terms of Service. Quri reserves the right to change its prices at any time, but the price you would be paid under these Terms of Service is the price specified in the Service at the time the shift is submitted, as described in the Service. Quri reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Terms of Service, or amounts due to any breach of this Terms of Service by you, pending Quri’s reasonable investigation of such breach. Any third-party fees related to returned or cancelled payments due to a payment information error or omission on your part may be deducted from the newly issued payment. If you dispute any payment made hereunder, you must notify Quri in writing within sixty (60) days of such payment. Failure to so notify Quri shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Quri. No other measurements or statistics of any kind shall be accepted by Quri or have any effect under this Terms of Service. We may withhold any taxes or other amounts from payments due to you as required by law. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service.
Plain Language: In most cases we will pay in 48 hrs. Bonuses and special payments may take longer. We reimburse you for purchases we ask you to make. You are on your own for taxes. If payment information is incorrect, payment will be forfeited after 6 months.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Apple-Enabled Software Applications
Quri offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Quri and you acknowledge that these Terms of Service are concluded between Quri and you only, and not with Apple, and that as between Quri and Apple, Quri, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Quri’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Quri and you acknowledge that Quri, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Quri and Apple, Quri, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Quri as follows:
1010 Sir Francis Drake Blvd, Suite 205
Kentfield, CA 94904
Quri and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Quri, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Quri, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Quri.
The Quri name and logos are trademarks and service marks of Quri (collectively the “Quri Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Quri. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Quri Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Quri Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Quri be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Quri does not pre-screen content, but that Quri and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Quri and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Quri, in its sole discretion, to be 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.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Quri and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Notwithstanding the foregoing, by uploading any Deliverables, you hereby assign to Quri throughout the world all right, title and interest in such Deliverables, and you waive all claims you may have based on the usage of such Deliverables.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Quri are non-confidential and Quri will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Quri 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Quri, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Quri respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Quri of your infringement claim in accordance with the procedure set forth below.
Quri will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Quri’s Copyright Agent at support@EasyShiftapp.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
1010 Sir Francis Drake, Suite 205
Kentfield, CA 94904
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- 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 or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: : If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Quri will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Quri has adopted a policy of terminating, in appropriate circumstances and at Quri's sole discretion, users who are deemed to be repeat infringers. Quri may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Plain Language: Don’t upload any content we don’t ask you to. If you do we aren't responsible for it. Anything you upload is ours and we are free to use, change or delete at will.
If you believe any content on the Service violates your rights, please review and follow the DMCA policy in our Terms of Service. We will investigate it.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Quri has no control over such sites and resources and Quri is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Quri will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Quri is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Quri is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Quri is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Quri enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Quri and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QURI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
QURI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QURI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QURI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING WITHOUT LIMITATION, THE INABILITY TO COMPLETE OR SUBMIT THE SHIFT DUE TO TECHNICAL OR COMMUNICATION ISSUES); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) YOUR ACTIONS IN CONNECTION WITH THE SERVICE, AND EXCEPT FOR QURI’S PAYMENT OBLIGATIONS EXPRESSLY PROVIDED HEREIN, YOUR PERFORMANCE OF ANY SHIFT; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL QURI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID QURI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Plain Language: You agree we aren’t responsible for anything that happens to you while using the service. If you disagree with this it's best that you not use the service.
Mutual Agreement to Arbitrate Claims
You recognize that differences may arise between the Company and You during or following the term of Your Agreement with the Company. As part of the Agreement, You agree that any and all controversies, claims, or disputes with anyone (including the Company and any employee, officer, director, shareholder, or benefit plan of the Company, in their capacity as such or otherwise), arising out of, relating to, or resulting from Your Agreement with the Company or the termination of Your Agreement with the Company, including any breach of this Section, which is titled “Mutual Agreement to Arbitrate Claims” (“Arbitration Provision”), shall be subject to binding arbitration under the arbitration rules set forth in California Code of Civil Procedure section 1280 through 1294.2, and pursuant to California law.
Claims Covered by the Arbitration Provision. To the maximum extent allowed by law, the Company and You mutually consent to the resolution by binding arbitration of all claims or causes of action that the Company may have against You or that You may have against the Company or the Company’s current and former owners, partners, members, officers, directors, employees, representatives and agents, all subsidiary and affiliated entities, all benefit plans, the benefit plans’ sponsors, fiduciaries, administrators, affiliates, and all successors and assigns of any of them. The claims covered by this Arbitration Provision include, but are not limited to: claims for breach of any contract or covenant; tort claims; claims for discrimination or harassment (including, but not limited to, race, sex, religion, national origin, age, medical condition, disability or sexual orientation); claims for retaliation; claims for violation of public policy; and claims for violation of any federal, state, local or other law, statute, regulation or ordinance, including, but not limited to, all claims arising under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the California Fair Employment & Housing Act, the California Labor Code, and/or the Fair Labor Standards Act. The claims not covered by this Arbitration Provision are claims that are not arbitrable by law, which include claims under the California Private Attorney General Act (“PAGA”) only for so long as PAGA claims are held to be not arbitrable by law by the California Supreme Court, the Ninth Circuit Court of Appeals, or the United States Supreme Court.
Claims Not Covered by the Arbitration Provision. The claims that will not be subject to this Arbitration Provision are as follows: Any claims You may have for workers’ compensation or unemployment compensation benefits or claims that may not, as a matter of law, be subject to mandatory arbitration provisions. You also agree to arbitrate any claims against the Company solely on an individual basis, and that this Arbitration Provision does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding, (subject to the portion of section a. above with respect to PAGA claims). The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Administrative Relief. You understand that this Arbitration Provision does not prohibit You from pursuing an administrative claim with a local, state, or federal administrative body or governing agency that is authorized to enforce or administer laws related to employment, including but not limited to the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the National Labor Relations Board, or the Workers’ Compensation Board. This Arbitration Provision does, however, preclude You from pursuing court action regarding any such claim, except as permitted by law. This Arbitration Provision does not restrict Your rights to engage in concerted activities under Section 7 of the National Labor Relations Act.
Waiver of Right to Jury Trial. You understand that, by signing this Arbitration Provision, both the Company and You are giving up any right we may have to a jury trial on all claims we may have against each other, as described in section a.
Arbitration Procedures. The Company and You agree that, except as provided in this Arbitration Provision, any arbitration shall be in accordance with and under the auspices and rules of the JAMS Commercial Arbitration Rules and Procedures as in effect at the You the demand for arbitration is made. A copy of the current JAMS rules are available at: http://www.jamsadr.com/rules-comprehensive-arbitration/, or by using an Internet search engine to find “JAMS Comprehensive Arbitration Rules.” JAMS, Inc. (“JAMS”), or through the Company’s Human Resources Department. You acknowledge that the Company informed You that You can contact any manager if You wish to see the rules prior to signing this Agreement and am unable to do so through the website referenced above. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, motions to dismiss and demurrers, and motions for class certification, prior to any arbitration hearing. You agree that the arbitrator shall administer and conduct any arbitration in accordance with California law, including the California Code of Civil Procedure, and that the arbitrator shall apply substantive and procedural California law to any dispute or claim, without reference to rules of conflict of law. To the extent that the JAMS rules conflict with California law, California law shall take precedence. You agree that the decision of the arbitrator shall be in writing. You agree that any arbitration under this Arbitration Provision shall be conducted in San Francisco County, California. The arbitrator’s decision regarding the claims shall be final and binding upon the parties and shall be enforceable in any court having jurisdiction thereof.
Arbitration Fees and Costs. You will be required to pay an arbitration fee to initiate any arbitration equal to what You would be charged as a first appearance fee in court. The Company shall advance the remaining fees and costs of the arbitrator. Each party shall pay its own costs and attorneys’ fees, if any. If, however, any party prevails on a statutory or contractual claim that affords the prevailing party attorneys’ fees, the arbitrator may award attorneys’ fees to the prevailing party to the extent permitted by law.
Modification/Entire Agreement on this Subject. This Arbitration Provision shall survive the termination of the Agreement. It can only be revoked or modified by a writing signed by the parties that specifically states an intent to revoke or modify this Arbitration Provision. This is the complete agreement of the parties on the subject of arbitration of disputes. This Arbitration Provision supersedes any prior or contemporaneous oral or written understanding on the subject. No party is relying on any representations, oral or written, on the subject of the effect, enforceability, or meaning of this Arbitration Provision, except as specifically set forth in this Arbitration Provision. If any portion of this Arbitration Provision is found to be unenforceable, in whole or in part, such finding shall not affect the validity of the remainder of this Arbitration Provision and this Arbitration Provision shall be reformed to the greatest extent possible to ensure that the resolution of all conflicts between the parties are resolved by neutral, binding arbitration.
Violation of the Arbitration Provision. Should either party pursue any arbitrable dispute by any method other than arbitration, the responding party shall recover from the initiating party all damages, costs, expenses and attorneys’ fees incurred as a result of such action.
Plain Language: If you ever have a dispute with Quri, please reach out to our customer service department at [support@EasyShiftapp.com]. If you still are not satisfied, an arbitrator in San Francisco, CA will take over.
You agree that Quri, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Quri believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Quri may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Quri may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Quri will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Quri will have no liability or responsibility with respect thereto. Quri reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Plain Language: If you get into it with another user, you are on your own. We might get involved but don’t have to.
These Terms of Service constitute the entire agreement between you and Quri and govern your use of the Service, superseding any prior agreements between you and Quri with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Quri agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Quri to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign this Terms of Service without the prior written consent of Quri, but Quri may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Quri, Inc., 1010 Sir Francis Drake, Suite 205, Kentfield, CA, or by phone at (415) 967-3279.
Questions? Concerns? Suggestions?
Please contact us at support@EasyShiftapp.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.