Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to Shakeboredom.com (the “Website”). These Terms of Service (the “Agreement”) apply to any access to or use of the Website, associated sites or content from this website. The Website is owned and operated by Nancy Fagan.

By accessing the Website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these terms periodically. We reserve the right to revise these terms at any time without notice to you.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on this Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;

  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • attempt to decompile or reverse engineer any software contained on Nancy Fagan’s website;

  • remove any copyright or other proprietary notations from the materials; or

  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nancy Fagan at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Shakeboredom.com. You may not use any meta tags or any other “hidden text” utilizing Nancy Fagan name, Shake Boredom, or trademarks without the express written consent of Shakeboredom.com. Any unauthorized use terminates the permission or license granted by Shakeboredom.com and associated companies.

As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.

Copyright and Intellectual Property Ownership

The entire contents of the Website, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Shakeboredom.com and is protected by copyright and other intellectual property or proprietary rights. 

All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Nancy Fagan and Shakeboredom.com, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Nancy Fagan and Shakeboredom.com under the copyright laws of the United States and other countries. Nancy Fagan may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. Nancy Fagan reserves all rights not expressly granted in and to the Website and the Content.

DMCA Notice

Shakeboredom.com complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on Shakeboredom.com is the original work of the author unless otherwise noted, cited or quoted. If you believe that anything on the Website constitutes infringement of your copyright, please notify us using the following procedure:

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

  1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;

  2. A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);

  3. A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;

  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit this information electronically to:

Info@Shakeboredom.com

Shakeboredom.com will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement.

ShakeBoredom Trademark 

Unless otherwise noted, ShakeBoredom and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of Nancy Fagan and Shakeboredom.com. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of Nancy Fagan and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited.

Proper use of the ShakeBoredom name and trademarks is important. You may use the ShakeBoredom trademark to accurately describe or refer to ShakeBoredom’s website, goods and services. You may use the Nancy Fagan registered marks and trademarks to direct your visitors to the Shakeboredom.com homepage or other pages on Shakeboredom.com.

Prohibited Uses of Trademarks

Do not use the ShakeBoredom trademark, Shakeboredom.com, the ShakeBoredom logo or other registered marks trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with Nancy Fagan or Shakeboredom.com.

Company, Product, Service: You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the Nancy Fagan registered marks trademarks.

Logos: You may not use the Nancy Fagan logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from Shakeboredom.com.

Domain Names, Metatags, Hidden Text: You may not incorporate the Nancy Fagan registered marks or trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Nancy Fagan, Shakeboredom.com and associated companies.

Internet Advertising Keywords: You may not use or incorporate the Nancy Fagan registered marks or trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Shakeboredom.com and associated companies.

Merchandise Items: You may not manufacture, sell, or give away merchandise items bearing any of the Nancy Fagan registered marks or trademarks without first obtaining a written license from Shakeboredom.com.

Social Media: You may not use Nancy Fagan registered trademarks as any part of your social media account name, user name, page name, or as a community name.

Reservation of Rights

Unless otherwise agreed to in writing, Shakeboredom.com reserves the right to terminate permission to copy, reproduce, or display the Nancy Fagan registered trademarks and to demand that the Nancy Fagan trademarks cease to be used at any time, in its sole discretion.

For any questions regarding the proper usage of the Nancy Fagan registered trademarks or logo, the proper notices, or to seek permission to use the trademarks, please contact info@Shakeboredom.com.

No Medical Advice

Before starting any new diet and exercise program please check with your doctor and clear any exercise and/or diet changes with them. I am not a registered dietitian. The information presented on this Website is not presented with the intention of diagnosing or treating any disease or condition. Links on the Website may direct visitors to various books, products and other products on third party websites. Likewise, these products are not intended to diagnose, treat, or cure any disease. This information is for educational purposes only. No responsibility is assumed by the author nor anyone connected with this website for the use of this information and no guarantees of any kind are made for the performance or effectiveness of the recommendations provided. Nancy Fagan shall not be held responsible for loss or damage of any nature suffered as a result of reliance on the information contained on this website or any errors or omissions herein.

Products and Services

The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining Nancy Fagan and Shakeboredom.com’s prior written consent. Shakeboredom.com may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions are subject to change without notice.

Accounts

Some services on the Website, including the ShakeBoredom coaching program, permit or require you to create an account to participate and/or to secure additional features and/or benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at info@Shakeboredom.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.

We may suspend or terminate your account and your ability to use the website or portion thereof for failure to comply with these Terms of Service or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

Blog Comments, Forums, and Social Media

“Forum” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including the comment section of any blog post or membership forum. Additionally, “Forum” includes any other website page or content area created by Nancy Fagan on one or more social media pages, including, but not limited to Facebook, Twitter, Instagram, YouTube and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot and do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Additionally you grant Nancy Fagan and Shakeboredom.com the right to reprint, publish or otherwise use in a public manner any information posted in forums or comment sections of this website or associated social media.

You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. You agree that when using a Forum (including the comment section of any blog post), you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload any files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying a Forum.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Forum.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

  • You are and will remain solely and completely responsible for the content you post under your username or otherwise by you in any way and in any Forum and for the consequences of submitting and posting same. We have no duty or obligation to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials or comments in our sole discretion.

We reserve the right to terminate your access to this website including any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this Website and respective Forums.

You acknowledge that the use of any content posted on any Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

Disclaimers

In no event shall Nancy Fagan or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Nancy Fagan’s website, even if Nancy Fagan or a Nancy Fagan authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Nancy Fagan, Shakeboredom.com, associated companies and the officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.

CAN-SPAM Act

In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Nancy Fagan follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join a program, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you may lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email info@Shakeboredom.com and your account will be permanently removed from our system.

Third-Party Websites and Links

Shakeboredom.com may link to websites, products and services operated by third parties. Nancy Fagan is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Site, or any changes or updates to such sites.

These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Nancy Fagan and associated companies are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Governing Law

This website is controlled by Nancy Fagan from our offices located in the state of North Carolina (NC), USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of NC, by accessing our website, you agree that the statutes and laws of NC, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this Agreement shall be brought in the federal or state courts located in USA, NC. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

Privacy Policy

Nancy Fagan takes your privacy very seriously. This privacy policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. 

Please review this Privacy Policy before you use the Website or any of the services or features offered on or through the Website. By using the Website and its services and features, you agree to be bound by this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Website or its services and features.

Information Collected

  • Nancy Fagan may collect certain personal information from you when you register to use the Website or its services and features, such as any e-mail newsletter or membership, including, but not limited to, your name, e-mail address, and location. 

  • We may collect additional personal information, including your physical address, in order to deliver products. 

  • We may also collect certain non-personally identifiable information from users of our site, such as their internet protocol address, the type of browser and operating system they use, the domain name of your Internet service provider, and the web pages, content and advertisements you may have visited, viewed or clicked on. 

  • If you post in the comments of a blog post on the Website (or anywhere on social media), you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. Nancy Fagan is not responsible for the personally identifiable information you choose to submit in these forums. For example, if you choose to make information, which was previously non-public, available by enabling certain user features, (such as blog comments) Nancy Fagan will collect that information from your interaction and the information will become publicly available.

Information from Minors

Nancy Fagan does not knowingly collect information from children under the age of 13. Nor do we knowingly collect information from any individual under the age of 18 without the consent of a parent or guardian. If you believe that your child has registered on our site or that we have collected information from your child, please contact us immediately so that we can remove that information from our database.

How Information Is Used

Nancy Fagan does not sell or rent your contact information to any third parties.

We may use your personal information within Shakeboredom.com and associated websites to:

  • conduct and process transactions with you;

  • communicate with you, such as to respond to your inquiries, send purchase receipts, newsletters, emails, and/or notify you of any changes to any legal terms applicable to the Website or any changes to this Privacy Policy;

  • improve the Website and the content and services offered on the Site;

  • enforce legal terms that govern your use of the laws applicable to the Site;

  • protect the Website, services, systems, information, employees, business partners, service providers, users, customers or others; and

  • for any other purposes for which the information is collected and maintained.

  • We may use your non-personally identifiable information to analyze the usage of our site, improve the design and content of our site, deliver relevant marketing messages, personalize your Internet experience, and offer you products and services. In some cases, we may use your IP address to identify you in order to enforce any legal terms that govern our site or to protect our site, services, systems, information, employees, business partners, service providers, users, customers or others from injury or harm.

How Information is Shared

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.

At times we may disclose your personal information as required by law such as to comply with a subpoena, or similar legal process. We may also be required to disclose information about you if we determine that for security, law enforcement, or other issues of public importance, disclosure is necessary.

We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property. We may also share information if it becomes necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of service, or as otherwise required by law.

How Information is Protected

Nancy Fagan takes reasonable security measures to protect the security and confidentiality of your personal information that we collect and maintain against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. However, we cannot guarantee the security of your personal information or that any communication or transmission of such information over the Internet will be entirely secure.

Nancy Fagan websites use secure encryption, provided by a third party, on some web pages where credit card information is required. To make purchases from any of the Nancy Fagan websites you must use a modern SSL-enabled browser such as Safari, Firefox or Chrome. Doing so helps protect the confidentiality of your personal and credit card information while it’s transmitted over the internet.

You can help us by also taking precautions to protect your personal data when you are on the internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser. Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us via email.

Your Consent

By using this site you consent to our collection and use of your personal information as described in this Privacy Policy. Nancy Fagan may change this privacy policy from time to time at Nancy Fagan’s sole discretion.

Contact Information

If you have any questions or comments about our Terms of Service and Privacy Policy as outlined above, you can contact us at:
Nancy Fagan
P.O. Box 31521
Charlotte, NC 28231
USA

 

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