Terms of Use

1. Acceptance of Terms

By accessing or using the SHIFT website (totalshiftproject.com) or any SHIFT services, including coaching programs and facilitated access to independent licensed healthcare providers, you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy.

These Terms constitute a legally binding agreement between you and SHIFT. If you do not agree to these Terms in their entirety, you must not access or use our website or services. Your continued use of our services following any updates to these Terms constitutes your acceptance of those updates.

If you are accessing or using SHIFT services on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. Eligibility

You must be at least 18 years of age to use SHIFT's website and services. By using our services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

Medical wellness programs may have additional eligibility requirements determined by the applicable independent licensed healthcare provider. Eligibility for medical treatment is assessed solely by the treating provider based on individual clinical circumstances and is not guaranteed. Enrolling in a program or submitting a health intake does not guarantee that you will be found eligible for treatment.

SHIFT reserves the right to refuse service to anyone at any time, including where use of our services would violate applicable law.

3. Account Responsibilities

If you create an account with SHIFT, you are responsible for:

• Maintaining the confidentiality of your account credentials, including your password
• All activity that occurs under your account, whether or not authorized by you
• Ensuring that the information you provide to us is accurate, current, and complete
• Promptly updating your account information if it changes
• Notifying us immediately of any unauthorized use of your account or any other security breach

SHIFT is not liable for any loss or damage arising from your failure to maintain the security of your account credentials. You may not share your account with or transfer your account to any other person without our prior written consent.

4. Payments and Subscriptions

Payments for SHIFT services are processed through third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method provided and you authorize us (via our payment processor) to charge the applicable fees to that payment method.

Subscriptions renew automatically at the end of each billing period unless you cancel in accordance with the cancellation terms described in Section 5 and in our Refund & Cancellation Policy. You will be charged the applicable subscription fee at the start of each renewal period.

All fees are stated in U.S. dollars and are exclusive of any applicable taxes. You are responsible for all applicable taxes associated with your purchase.

If a payment is declined, we reserve the right to suspend or terminate your access to the applicable service until outstanding amounts are resolved.

5. Cancellations and Refunds

Cancellation and refund terms vary by program type and are governed by our Refund & Cancellation Policy, which is incorporated into these Terms by reference. Please review that policy carefully before enrolling in any SHIFT program.

In general, subscription programs may be cancelled at any time with cancellation taking effect at the end of the current billing period. Medical consultation fees and prescription-related charges may have different policies due to the nature of professional services and pharmacy fulfillment. See our Refund & Cancellation Policy for complete details.

6. Third-Party Medical Services

Where SHIFT facilitates access to medical wellness services, those services are provided entirely by independent licensed healthcare professionals, not by SHIFT. SHIFT is not a medical practice, healthcare provider, or pharmacy. SHIFT does not perform medical evaluations, establish diagnoses, prescribe medications, or dispense prescription medications.

SHIFT does not guarantee that you will receive a treatment recommendation, a prescription, or any specific outcome as a result of participating in a medical wellness program. All clinical decisions, including whether to prescribe any medication, are made independently and solely by the applicable licensed healthcare provider based on individual clinical circumstances.

Your relationship with any independent healthcare provider accessed through SHIFT's platform is solely between you and that provider. SHIFT is not a party to that relationship and makes no representations regarding the quality, safety, or appropriateness of any treatment provided by independent providers.

7. Wellness Content

SHIFT provides educational and wellness content related to nutrition, movement, lifestyle habits, and general health. All such content is provided for general informational and educational purposes only.

This content does not constitute and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on our website or received through our programs.

Individual results from wellness programs vary significantly and depend on many personal factors. Nothing in SHIFT's content constitutes a guarantee or representation of specific outcomes.

8. Intellectual Property

All content on the SHIFT website and provided through SHIFT services, including but not limited to text, articles, guides, graphics, images, logos, icons, audio clips, video clips, data compilations, and software, is owned by or licensed to SHIFT and is protected by applicable copyright, trademark, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our content for your personal, non-commercial use in connection with your participation in SHIFT's programs. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any of our content without our prior written consent
• Use our content for commercial purposes or for the benefit of any third party
• Remove or alter any proprietary notices or labels on our content
• Use our trademarks, service marks, or trade names without our prior written consent

Any unauthorized use of our content or intellectual property may violate copyright laws, trademark laws, and other applicable regulations.

9. Prohibited Use

By using SHIFT's website and services, you agree that you will not:

• Use our services for any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to any portion or feature of our website, or any other systems or networks connected to our website
• Interfere with or disrupt the integrity or performance of our website or the data contained on it
• Transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material (spam)
• Transmit any malware, viruses, trojan horses, or other malicious or harmful code
• Misrepresent your identity or affiliation with any person or organization, or impersonate any person or entity
• Collect or harvest any personally identifiable information from our website without authorization
• Use automated means, including bots, scrapers, or crawlers, to access or collect data from our website without our prior written consent
• Use our services to provide false or misleading health information
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website, or which may harm SHIFT or users of the website

SHIFT reserves the right to terminate your access to our services immediately, without notice, for any violation of these prohibited use provisions.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIFT'S WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

SHIFT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SHIFT DOES NOT WARRANT THAT:

• Our services will meet your requirements or expectations
• Our services will be uninterrupted, timely, secure, or error-free
• The results obtained from using our services will be accurate, reliable, or complete
• Any errors or defects in our services will be corrected

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES, EVEN IF SHIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIFT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO SHIFT IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. In such jurisdictions, the above limitations may not apply to you.

12. Governing Law

These Terms shall be construed in accordance with applicable law. Any disputes arising out of or relating to these Terms or your use of SHIFT's services shall be resolved in accordance with the dispute resolution terms to be inserted above.

13. Changes to Terms

SHIFT reserves the right to update or modify these Terms at any time at our sole discretion. When we make material changes, we will provide notice by posting the revised Terms on this page with an updated effective date. For significant changes, we may also notify you by email or by displaying a prominent notice on our website.

Your continued use of our website or services following notice of changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our services.

It is your responsibility to review these Terms periodically. We recommend bookmarking this page and checking it regularly.

14. Contact

If you have questions or concerns about these Terms of Use, please contact us:

• Email: courtney@totalshiftproject.com
• Contact form: contact.html