FROM FAT TO THIN THINKING/SHIFT HYPNOSIS AND MOTIVATIONAL RESOURCES LLC WEBSITE TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.
By using the Shift Hypnosis and Motivational Resources LLC From Fat to Thin Thinking Book Website/Online Resource Center (Including all site content including the Daily Coaching, Hypnosis sessions, meditation sessions and resources, calculators and planners) you agree to these Terms and Conditions of Use ("Terms & Conditions"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website.
The Shift Hypnosis and Motivational Resources LLC (hereinafter called “Shift’) From Fat to Thin Thinking Book Website/Online Resource Center located at www.FromFatToThinThinking.com (hereinafter called “Shift Website”) is a website that allows From Fat to Thin Thinking book readers access to resources and content to assist them in weight management. The content offered by Shift in the Shift Website (Including all site content including the Daily Coaching, Hypnosis sessions, meditation sessions and resources, calculators and planners) and any other features, content, or applications offered from time to time by in connection with the Shift Website (collectively, the "Shift Website Content").
Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by Shift and our affiliates (collectively, "we," "us," or "our"), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our "Website"). For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Shift.
Shift reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Shift Website Content at any time, for any or no reason, with or without prior notice, and without liability.
Terms. These Terms & Conditions shall remain in full force and effect while you use the Shift Website Content.
- Non-commercial Use by Shift Website Content Users. The Services are for the personal use of Shift Website Content users only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Shift Website Content Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to FromFatToThinThinking.com Website is prohibited.. Appropriate legal action will be taken for any illegal or unauthorized use of the Shift Website Content .
- Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display Shift Website Content and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, hypnosis and meditation sessions and other materials (collectively, " Shift Website Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Shift Website Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Shift Website Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Shift Website Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Shift Website Content is downloaded to your computer or any other device, you do not obtain any ownership interest in such Shift Website Content. Modification of the Shift Website Content or use of the Shift Website Content for any other purpose, including, but not limited to, use of any Shift Website Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
- Proprietary Rights in Content on the Shift Website. The Shift website content is protected by copyright, trademark, patent, trade secret and other laws, and Shift owns and retains all rights in the Shift Website Content. Shift hereby grants you a limited, revocable, non sublicensable license to reproduce and display the Shift Website Content (excluding any software code) solely for your personal use in connection with viewing the Shift Website Content. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Shift Website Content.
- Parental or Guardian Permission. Some of the Content on this Website may not be appropriate for children. Children under the age of 13 are not permitted to use this website. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Website.
Content/Activity Prohibited. The following is a partial list of the kind of activity that is illegal or prohibited on the Shift Website and through your use of the Shift Website Content. Shift reserves the right to investigate and take appropriate legal action against anyone who, in Shift’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or torturous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on any maketheshiftnow.com page via HTML/CSS or any other means;
- modifying, adapting, translating or reverse engineering any portion of the Shift Website Content ;
- using any robot, spider, site search/retrieval application, or other automated device, process or means to access, query, retrieve, index or otherwise collect any portion of the Services (other than with the consent of Shift);
- accessing, retrieving or indexing any portion of the Shift Website Content for purposes of constructing or populating a searchable database that is in any way similar to Shift or Shift Website Content;
- any automated use of the system, such as using scripts to send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Shift Website Content or the networks or services connected to the Shift Website Content;
- using any information obtained from the Shift Website Content in order to harass, abuse, or harm another person;
- using the Shift Website Content in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Shift Website Content without obtaining the prior written consent of the owner of such proprietary rights.
Health and Mental Health Disclaimer. The Shift Website and Shift Website Content provides weight loss management, cognitive coaching, hypnosis and nutritional information and are intended only to assist users in their personal weight loss efforts. Shift is not a medical organization and we cannot give you medical advice or diagnosis. Nothing contained in the Shift Website and Shift Website Content should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
The concepts, ideas, and opinions expressed in the book Fat to Thin Thinking and Shift Website Content are intended to be used for educational purposes only. Shift is not rendering medical advice of any kind and expressly disclaim responsibility for any adverse effects that that may result from the use or application of the information, exercises and/ or recorded sessions contained in the Shift Website Content. This process is not intended to replace medical advice and/or prescribe or treat any disease, illness, or condition. It is imperative that before beginning any diet or exercise program you receive full medical clearance from your doctor.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Website and Shift Website Content is intended for use only by healthy adult individuals. The Shift Website Content is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
DISCLAIMER REGARDING HYPNOTHERAPY AND MEDITATION SESSIONS—PLEASE READ: The hypnotherapy and meditation downloads provided in From Fat to Thin Thinking are not recommended for persons experiencing mental disorders or illness. If you are unsure if you have a mental disorder or think you might have one, please consult the appropriate professional first. Never listen to or play hypnosis or meditation audio sessions while driving or operating equipment; always select an environment that is safe and secure. The audio products have been developed to assist you and give no guarantee; you are the only person who can provide a guarantee for your own success.
Disclaimers. Shift is not responsible for any incorrect or inaccurate Content posted on the Shift Website Content, whether caused by Shift, Users of the Shift Website Content or by any of the equipment or programming associated with or utilized in the Shift Website Content . The Shift Website Content may contain links to other websites. Shift is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Shift. Inclusion of any linked in Shift Website Content does not imply approval or endorsement of the linked website by Shift. When you access these third-party sites, you do so at your own risk. Shift takes no responsibility for third party advertisements which are posted on this Shift Website or through the Shift Website Content , nor does it take any responsibility for the goods or services provided by its advertisers. Shift and the Shift Website is not responsible for the conduct, whether online or offline. Shift assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Shift is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Shift Website Content . Under no circumstances shall Shift be responsible for any loss or damage, including personal injury or death, resulting from use of the Shift Website Content, attendance at a Shift event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Shift expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Shift cannot guarantee and does not promise any specific results from use of the Shift Website Content.
Limitation on Liability. IN NO EVENT SHALL SHIFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SHIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Shift Hypnosis and Motivational resources LLC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Shift Hypnosis and Motivational Resources LLC FOR THE Shift and Shift Website SERVICES DURING THE TERM OF YOUR USE OF THE Shift Website Content.
Governing Law and Disputes. These Terms & Conditions and any dispute about or involving the Services shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America, without regard to conflict of law provisions. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the state or federal courts located in California, USA and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, provided that the foregoing shall not prevent Shift from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold Shift, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Shift Website or through the Shift Website Content causes Shift to be liable to another.
Other. These Terms & Conditions are accepted upon your use of the Shift Website or any Shift Website Content and is further affirmed by you becoming a USER. These Terms & Conditions constitute the entire agreement between you and Shift regarding the use of the Services. The failure of Shift to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions operates to the fullest extent permissible by law. If any provision of these Terms & Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.
|Shift Website Privacy
Information Collection and Use by the Shift Website
The Shift Website collects user submitted information such as name, email address, age, weight challenges, and age to authenticate users and to send notifications to those users relating to the Shift Website service. The Shift Website does not sell your information or share it with any entity outside of Shift.
and to send notifications related to the service.
We may also use a user's email address to send updates, a newsletter or news regarding the service. Users may choose not to receive certain email of this type by unsubscribing to that particular promotion.
Invitations and Other Communications to Non-members
Shift Website users can invite friends to join the service by sending invitation emails via our automated invitation system. The Shift Website does not sell these email addresses or use them to send any other communication.
Correcting/Updating or Removing Information
Shift Website users may modify or remove any of their personal information at any time by clicking the unsubscribe link on any emails.
Users who no longer wish to receive updates or notifications may choose not to by selecting “Unsubscribe” option provided at the bottom of all email correspondence.
Shift Website takes precautions to insure that user account information is kept private. We use reasonable measures to protect user information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
Sharing and Disclosure of Information Shift Website Collects