LICENSE: If you agree to the TOU and (1) are of sufficient age and capacity to use Shiftdaddy.com and be bound by the TOU, or (2) use Shiftdaddy.com on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use Shiftdaddy.com in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Shiftdaddy.com, exShiftdaddy.comuding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE: Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email Shiftdaddy.comients) or services that interact or interoperate with Shiftdaddy.com, e.g. for downloading, uploading, creating/accessing/using an account, posting, emailing, searching, or mobile use. You agree not to copy/collect Shiftdaddy.com content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to collect Shiftdaddy.com user information or interfere with Shiftdaddy.com. You agree we may moderate Shiftdaddy.com access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
INSTRUCTOR AND STUDENT: If you agree to the TOU and (1) are of sufficient age and (2) are licensed to legally drive and operate a vehicle, and (3) have a valid minimum insurance required to operate a vehicle, you agree to be fully responsible for any direct, indirect, consequential, incidental, accidental, special, punitive, or other losses, including lost profits, revenues, data, vehicle, goodwill, etc., arising from or related to Shiftdaddy.com. Shiftdaddy.com solely connects licensed drivers to exchange stick shift driving lessons. You as an instructor or student are responsible for your own safety.
INSTRUCTOR: This opportunity is for an independent contractor. Teaching with Shiftdaddy is perfect for those looking for entry level work, seasonal work, temporary work, part time work or for those looking for a flexible full time opportunity. Be your own boss, hours are completely flexible. Teach part time or full time - it's your choice!
LIQUIDATED DAMAGES: You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Shiftdaddy.com users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Shiftdaddy.com without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Shiftdaddy.com - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of Shiftdaddy.com - the price per post applicable to that section of Shiftdaddy.com; (F) sending an unauthorized/unsolicited email to an email address obtained from Shiftdaddy.com - $25 per violation; (G) using Shiftdaddy.com user information to make/send an unauthorized/unsolicited text message, call, or communication to a Shiftdaddy.com user - $500 per text/call/communication; (H) creating a misleading or unlawful Shiftdaddy.com account or buying/selling a Shiftdaddy.com account - $4 per violation; (I) abusing or attempting to abuse Shiftdaddy.com's flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting Shiftdaddy.com content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of Shiftdaddy.com in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES: You authorize us to charge your account for Shiftdaddy.com fees in paid areas. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY: To the full extent permitted by law, SHIFTDADDY LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("Shiftdaddy.com Entities") (1) make no promises, warranties, or representations as to Shiftdaddy.com, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Shiftdaddy.com on an "AS IS" and "AS AVAILABLE" basis and any risk of using Shiftdaddy.com is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Shiftdaddy.com. Shiftdaddy.com Entities are NOT liable for any direct, indirect, consequential, incidental, accidental, special, punitive, or other losses, inShiftdaddy.comuding lost profits, revenues, data, goodwill, etc., arising from or related to Shiftdaddy.com, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY: Any Shiftdaddy.comaim, cause of action, demand, or dispute arising from or related to Shiftdaddy.com ("Claims") will be governed by the internal laws of New Mexico, without regard to conflict of law provisions, except to the extent governed by US federal law. Any claims will be exclusively resolved by courts in Santa Fe, NM (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Santa Fe, NM; (2) indemnify and hold Shiftdaddy.com Entities harmless from any claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Shiftdaddy.com; and (3) be liable and responsible for any claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
MISC: Users complying with prior written licenses may access Shiftdaddy.com thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.
Last Updated September 19th, 2018
Last Updated September 19th, 2018
What information does Shiftdaddy collect?
At the time you register for a Shiftdaddy account or contact Shiftdaddy directly via email or phone, as applicable, you will choose and provide Shiftdaddy with an email address, your full name, telephone number, password, driving history and knowledge, driver’s license number, and may provide your social media accounts. When you post a comment or message on the Site, provide information in connection with features such as fan clubs, wish lists, forums, profiles, reviews, testimonials, and recommendations your name may be visible to other users.
Your information may be disclosed to our third-party vendors, affiliates, manufacturers, or advertisers, who may contact you with information and promotions, otherwise Shiftdaddy will not sell or disclose your name, email address or other personal information to third parties without your explicit consent, except as may be specified in this policy from time to time.
Information provided by you:
You may provide us with certain personally identifiable information when you:
Register for a Shiftdaddy account
Arrange for Shiftdaddy services
Request customer support or send Shiftdaddy any other communication
Sign up for newsletters, email alerts, and special offers
Enter sweepstakes or contests
Sign up for, or redeem, special offers
Submit a job application or inquiry
Respond to surveys;
Participate in Shiftdaddy’s rewards or promotional programs, if any;
Make use of Shiftdaddy’s Social Media Widget features; and
Such information may include your name, email address, billing address, shipping address, and social media user names. You may also provide us with information about other people, such as their email addresses, if you refer a friend to the Site or Shiftdaddy promotions.
Depending on which services you choose to use, Shiftdaddy may require additional information, such as billing and payment information (including billing address, telephone number, credit card information), a telephone number, and/or a physical postal address. Shiftdaddy may contact users to confidentially request more information about their use of the services, driving history and knowledge, use of the Site, and/or to ensure compliance with Shiftdaddy’s rules.
As part of participating in Shiftdaddy’s Services, you understand that you are authorizing and consenting to be videotaped. Cameras may be present in the vehicle during lessons for (1) your safety; (2) safety or our employees and/or representatives; (3) documentation purposes in the event of an accident or incident; and (4) in order to monitor and improve our Services. Video footage may be used by Shiftdaddy for promotional purposes.
Information collected by Cookies:
Do Not Track:
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Shiftdaddy is committed to providing you with meaningful choices about the information collected on the Shiftdaddy Site for third party purposes, and that is why Shiftdaddy provides the opt-out links below. However, Shiftdaddy does not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
These links may not represent all opt-out options available or third parties collecting information via the Site.
To opt-out of the double click and other Google advertising cookies, please visit the Google advertising opt-out page.
To opt-out of analysis via the Google Analytics cookie, please visit the Google Analytics opt-out page.
Your California Privacy Rights:
If you live in California and have an established business relationship with us, you can request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, you can email us or write to us at the address below. Mention in your letter that you are making a "California Shine the Light" inquiry. We will respond within 30 days.
Information collected by Web Beacons and Log Files:
Information collected through Service Reviews and Testimonials:
You may choose to submit a service review or testimonial. If you post or email a review, Shiftdaddy may ask for certain information to validate your review or testimonial such as email address, photo, and your city/state/country of residence. If you submit a review, Shiftdaddy may publish your review or testimonial, including your geographic location or other anonymous information but your email address will be kept private. Additionally, any personally identifiable information that you submit as part of the review or testimonial can be read or used by other visitors to the Site. Shiftdaddy is not responsible for any personally identifiable information that you choose to submit as part of your review or testimonial.
Information collected from other sources:
We may get information about you from third party business partners to whom you have submitted your information. We may collect information about you from a friend. For example, if your friend provides your information through one of our refer-a-friend type features. If you use one of these features, please ensure that you only submit email addresses of individuals with whom you have a close personal or family relationship, who would be interested in receiving the communication, and who has authorized you to share their email address.
How does Shiftdaddy secure your information?
The security of your personal information is important to us. Your Shiftdaddy account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using Shiftdaddy’s services. Shiftdaddy believes in the privacy of Shiftdaddy’s users. Shiftdaddy employs industry standard precautions designed to protect your information from unauthorized access. Shiftdaddy will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Shiftdaddy cannot promise, and you should not expect, that your personal information or private communications will always remain private. Shiftdaddy cannot guarantee complete security.
How is your Payment Information secured?
How does Shiftdaddy use your information?
Shiftdaddy uses the personally identifiable information you provide to:
Provide the features and functionality of the Site and to improve Shiftdaddy’s services
Fulfill your requests for Shiftdaddy’s products and services
Communicate with you about the status of your requested services and other inquiries about Shiftdaddy’s products and services
Send you information about Shiftdaddy’s products and services
For Shiftdaddy’s internal business purposes, such as data analysis, audits and so forth
Help us create content that is most relevant to you
Provide notices about the results of sweepstakes, contest, and other promotions
Shiftdaddy uses your email address to communicate with you about your account and to send you certain notification emails. You can unsubscribe from such communications using the unsubscribe link provided therein. If you email a product referral to a friend or refer a friend to the Site or Shiftdaddy’s promotions, Shiftdaddy will use your friend's email to send them the e-mail you requested. Your friend's e-mail addresses will only be used for this purpose unless permission is otherwise granted.
Shiftdaddy uses non-personally identifiable information to monitor the use and performance of the Site so that Shiftdaddy can learn more about how people use the Site which helps us improve Shiftdaddy’s products and services and significantly enhance your experience on the Shiftdaddy Site.
Does Shiftdaddy disclose the information it collects to outside parties?
Generally, Shiftdaddy does not share personal information about you with other people or nonaffiliated companies without your consent except that:
Shiftdaddy provides information to its agents and trusted service providers and contractors for limited purposes, without limitation, hosting and maintenance, database storage and management, offering certain products and services; marketing campaigns; communicating with customers; providing customer service; managing information on Shiftdaddy’s behalf; and enhancing the Site features and functionality. Shiftdaddy will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
If you sign up for a promotion (e.g., a contest, rewards program, or sweepstakes offer) or enroll in a service Shiftdaddy offers in partnership with a third party, Shiftdaddy may provide information (such as your name, email address, and account activity) to such third parties.
Shiftdaddy may also release information (including, but not limited to, your name, addresses, telephone number, and account activity) when Shiftdaddy, in Shiftdaddy’s sole discretion believes that such release is necessary or appropriate to:
comply with law
comply with subpoenas, warrants, court orders, government investigations, or other legal process
enforce or apply the terms of any of Shiftdaddy’s user or license agreements
investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity
investigate fraud or similar claims
protect the rights, property or safety of Shiftdaddy, Shiftdaddy’s users, or others
to protect Shiftdaddy’s operations
to permit Shiftdaddy to pursue available remedies or limit the damages that Shiftdaddy may sustain.
Shiftdaddy may use third party service providers to place ads on Shiftdaddy’s behalf across the internet and sometimes on the Site. They may collect anonymous information about your visits to Shiftdaddy’s Site, and your interaction with Shiftdaddy products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major sites. If you would like more information about this practice and to know your choices about not having this anonymous information used by Shiftdaddy’s third party service providers, please contact Shiftdaddy at email@example.com.
In addition, Shiftdaddy is a dynamic marketplace with a great number of branded products and content. User may receive emails, notifications of promotions and the like offered by Shiftdaddy’s partners from such partners. You can unsubscribe from any future communications from such partners, in accordance with the policies and unsubscribe features provided by those partners.
Shiftdaddy’s Policy Towards Children
The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided Shiftdaddy with personally identifiable information without their consent, he or she should contact Shiftdaddy at firstname.lastname@example.org. Shiftdaddy will take actions to promptly remove such data. Shiftdaddy does not knowingly collect personally identifiable information from children under 18. If Shiftdaddy becomes aware that a child under 18 has provided personal identifiable Information, Shiftdaddy will delete such information.
How can I change, delete, or update my information?
Most of your account information can be changed in the “My Account” section of the Site. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at email@example.com . After receiving proof of your identity, Shiftdaddy will provide the information to you, and you may request that Shiftdaddy delete or change any or all of the information.