#NOTJUSTFATIGUE WEBSITE TERMS OF USE
Last updated January 30, 2024
PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS AN END USER (AS DEFINED BELOW) (“END USER” OR “YOU”) AND #NOTJUSTFATIGUE (“#NOTJUSTFATIGUE” OR “WE”). THIS WEBSITE TERMS OF USE AGREEMENT, TOGETHER WITH ALL AMENDMENTS, AND COLLECTIVELY WITH ALL #NOTJUSTFATIGUE RULES AND POLICIES, INCLUDING THE #NOTJUSTFATIGUE PRIVACY POLICY [SEE BELOW], CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND #NOTJUSTFATIGUE REGARDING YOUR ACCESS TO AND USE OF THE #NOTJUSTFATIGUE WEBSITE (“WEBSITE”).
THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE WEBSITE. THE AGREEMENT INCLUDES INFORMATION ABOUT FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, RELEASES OF CLAIMS, INDEMNIFICATION, CHOICE OF LAW AND VENUE, LIMITATIONS ON CLAIMS, AND PRIVACY INFORMATION.
BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT.
IF YOU HAVE NOT READ THE ENTIRE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE.
1. Scope and Acceptance
Anyone who accesses or uses our Website is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Website and use of any and all information or data of any kind arising from access to, or use of, the Website, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.
We reserve the right, in our sole discretion, to change this Agreement (including our Privacy Policy [SEE BELOW]) from time to time, without prior notice. You are responsible for reviewing the Agreement regularly. Your access to any part of the Website is deemed to be your acceptance of this Agreement, and any changes thereto.
If you are accessing or using any part of the Website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
2. Privacy Policy
Please see our Privacy Policy [SEE BELOW] for a detailed description of how we collect, use, and disclose information about our End Users.
3. Operation
The specific features and functionality of the Website are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Website. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Website at any time.
4. Inaccuracies
We make great efforts to provide accurate information on the Website. However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Website. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. #NotJustFatigue makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Website. If you believe any portion of the Website includes an error or inaccuracy, please notify us. Notwithstanding the foregoing, the Website at all times is subject to the disclaimers in Section 8 below.
5. Permitted Use
Certain #NotJustFatigue materials provided through the Website are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible through the Website that is not expressly designated as being provided by another End User is the property of #NotJustFatigue and its content providers, and that #NotJustFatigue and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Website and related materials solely for your own non-commercial use. Except as expressly provided, all rights are reserved. Nothing contained in this Agreement or on the Website shall be construed as conferring by implication, estoppel, or otherwise, any license or right under intellectual property right or trademarks of #NotJustFatigue, or any third party.
Except as expressly permitted by the Agreement, in connection with the use of the Website, you may not:
(a) alter or modify the Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Website; or
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or related materials; or
(c) remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
(d) use the Website for any non-authorized purpose or any illegal purpose; or
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by #NotJustFatigue or any third party; or
(f) use the Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
(g) access or use any password-protected, secure, or non-public areas of the Website, or access data on the Website not intended for you, except as specifically authorized by #NotJustFatigue; or
(h) impersonate or misrepresent your affiliation with any person or entity; or
(i) use any automated means to access or use the Website, including scripts, bots, scrapers, data miners, or similar software, or display the Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
(j) attempt to or actually disrupt, impair, or interfere with the Website, or any information, data, or materials posted and/or displayed by #NotJustFatigue; or
(k) attempt to or actually probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; or
(l) attempt to or actually interfere with or disrupt access to or use of the Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.
6. Third Party Properties Referred to on the Website
Our Website may refer to physical venues, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by #NotJustFatigue (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by #NotJustFatigue of any such Third Party Properties. You acknowledge that #NotJustFatigue is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that #NotJustFatigue is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. #NotJustFatigue does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Website, you do so at your own risk.
7. Availability of the Website
It is not possible to operate our Website with 100% guaranteed uptime. #NotJustFatigue will make reasonable efforts to keep our Website operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website. You agree that #NotJustFatigue shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website.
8. Disclaimers
(a) NO MEDICAL ADVICE. THE #NOTJUSTFATIGUE WEBSITE AND ALL INFORMATION ON THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION ON THE WEBSITE IS NOT INTENDED TO BE MEDICAL ADVICE NOR SHOULD IT BE CONSIDERED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. NEVER DELAY SEEKING ADVICE AND NEVER DISREGARD ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, SEEK MEDICAL ATTENTION IMMEDIATELY.
(b) THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED, #NOTJUSTFATIGUE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) THE WEBSITE; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
(c) #NOTJUSTFATIGUE MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE WEBSITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. #NOTJUSTFATIGUE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability and Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL #NOTJUSTFATIGUE OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE WEBSITE, EVEN IF #NOTJUSTFATIGUE OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).
10. Indemnity
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS #NOTJUSTFATIGUE, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE.
11. Termination
You agree that #NotJustFatigue may, to the extent feasible, in its sole discretion, and without prior notice, terminate your access to or use of any portion of our Website at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to #NotJustFatigue for which monetary damages would be inadequate. You consent to #NotJustFatigue’s obtaining any injunctive or equitable relief that #NotJustFatigue deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies #NotJustFatigue may have at law or in equity.
12. Intellectual Property Infringement Complaints
If you believe a work protected by a U.S. copyright you own has been posted on the Website without authorization, you may notify our copyright agent, and provide the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work or works claimed to have been infringed;
(c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
(d) your name, mailing address, telephone number, and e-mail address;
(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify #NotJustFatigue of a claimed copyright infringement, please contact:
#NotJustFatigue
40 E Main St #725
Newark, DE 19711
13. Unsolicited Materials and End User’s Grant of Limited Licensed
In operating our Website, #NotJustFatigue does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to #NotJustFatigue (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to #NotJustFatigue, you represent and warrant that the information is original to you and that no other party has any rights to the material.
By communicating with #NotJustFatigue, including submitting or sending content to us, you grant #NotJustFatigue the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a #NotJustFatigue feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to #NotJustFatigue. You also warrant that any "moral rights" in such content is waived.
14. General
14.1 Modifications
At any time and in #NotJustFatigue’s sole discretion, we may add, delete, or modify the Agreement. We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Website. All changes to the Agreement shall be effective immediately.
14.2 Access and Use Where Prohibited
Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.
14.1 Operation of the Website from the United States of America
By accessing and using the Website, you acknowledge and agree that #NotJustFatigue controls and operates all parts of the Website from its offices in the United States of America and that the Website, and the information contained on the Website, is intended for use by End Users located in the United States of America. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United State of America. Unless expressly stated to the contrary, #NotJustFatigue makes no representation that the Website, or the information contained on the Website, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the Website is solely directed to individuals, companies, or other entities located in the United States of America. #NotJustFatigue reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Website is void where prohibited. If you access or use the Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Website in violation of applicable export laws and regulations.
If you access the Website from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.
14.2 Applicable Law and Venue
Any action related to the Agreement will be governed by the laws of New York, without regard to the choice or conflicts of law provisions of any jurisdiction. You and #NotJustFatigue agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or the Agreement will be exclusively in the federal or state courts located in New York County, New York.
14.3 Miscellaneous
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If #NotJustFatigue does take any legal action against you as a result of your violation of the Agreement, #NotJustFatigue will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to #NotJustFatigue. You agree that #NotJustFatigue will not be liable to you or to any third party for termination of your access to, or use of, any of our Website as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by #NotJustFatigue. Any purported assignment lacking such consent will be void at its inception.
#NotJustFatigue may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website.
#NOTJUSTFATIGUE PRIVACY POLICY
Your privacy is important to us. As part of our efforts to facilitate and make your experience with the #NotJustFatigue website (the “Website”) as user-friendly and enjoyable as possible, we may collect and use certain information You provide to us. This Privacy Policy addresses the collection, use, and disclosure of information that #NotJustFatigue may gather during your use of the Website. UNLESS OTHERWISE DEFINED IN THIS PRIVACY POLICY, TERMS USED IN THIS PRIVACY POLICY HAVE THE SAME MEANINGS AS IN THE WEBSITE TERMS OF USE [SEE ABOVE].
Please review the entire policy to learn the types of End User information #NotJustFatigue gathers, how #NotJustFatigue uses that End User information, what End User information is disclosed and to what third parties, and how #NotJustFatigue safeguards your End User information.
Please also check back periodically as this Privacy Policy may change from time to time. We will notify you of any material changes by publishing the new Privacy Policy on the Website. The End User information #NotJustFatigue gathers is and will be subject to the Privacy Policy in effect at the time the information is gathered. Should you have any questions or concerns at any time, please feel free to contact us.
This Privacy Policy applies only to the #NotJustFatigue Website. This Privacy Policy does not apply to any websites managed, maintained, and/or hosted by third parties not directly affiliated with #NotJustFatigue that you may visit, e.g., via a link provided through the Website or on a website maintained by any third party. #NotJustFatigue does not control the privacy policies of other websites to which we may provide hyperlinks. We encourage you to learn more about the online privacy and data security policies of third party websites directly from such third parties, as their policies may differ from ours.
By submitting your information to us and by using the Website, #NotJustFatigue will assume that you have read, understood, and consented to the Agreement, which includes this Privacy Policy, the Website Terms of Use, and all other applicable #NotJustFatigue rules and policies. We also assume that you consent to #NotJustFatigue’s use of your information as described in the Agreement. If you do not consent, you should not access or use the Website.
1. Types of Information #NotJustFatigue Collects
A. Personal Information and Non-Identifying Information
Personally identifiable information is information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your full name, email address, and any other information that could be used to personally identify you. We may ask you for Personal Information if, for example, you contact us requesting information about our organization or submit correspondence to us through our contact form.
We also collect other information that you provide as part of registration and the administration and personalization of your account with us that does not identify you (“Non-Identifying Information”). For example, a person’s Non-Identifying Information includes, but is not limited to, their zip code (on its own) and individual preferences. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining a person’s zip code with their street address) in a way that enables that person to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, a person’s gender only or their viewing preferences).
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Website, facilitate and complete transactions for you, and respond to correspondence from you. We may also use your Personal Information to contact you with newsletters, informational materials, or to contact you in response to an inquiry you make. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us to update your communication preferences.
We may also combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Website, and to analyze and understand how the Website is used by End Users.
B. Usage Data
When you visit the Website, our servers automatically record information that your browser sends whenever you visit a website. The information sent automatically by your browser is referred to as “Usage Data.” This Usage Data may include information such as the manufacturer and model of your device; your Internet Service Provider (ISP); your device’s Internet Protocol (“IP”) address (or other device identifier), browser type, and operating system; referring/exit pages; clickstream data; Website access times and dates, pages of the Website that you visit, the time spent on those pages, and information you search for on the Website; and other statistics.
We use this information for technical administration of the Website, including to monitor and analyze use of the Website, to increase the functionality and user-friendliness of the Website, and to better tailor the Website to End Users’ needs.
Usage Data may be non-identifying or it may be associated with you. Whenever we associate Usage Data with Personal Information, we will treat it as Personal Information.
2. How #NotJustFatigue Collects Information
#NotJustFatigue may use a number of different techniques and technologies to collect Personal Information, Non-Identifying Information, and Usage Data.
A. Forms
We request certain information from you through the use of forms when you send us correspondence through the Website, such when you enter your email address to receive updates from us or submit a message through our contact form.
B. Usage Data
Usage Data may be collected by the Website’s servers and software for End Users that visit the Website, in which case the End User’s Website session will be tracked. You agree that we may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, to maintain and support the Website generally.
Additionally, in some of our email messages, #NotJustFatigue may use a “click-through URL” linked to content on the Website. When an End User clicks onto one of these URLs, the End User will pass through our server before arriving at the destination Web page. #NotJustFatigue tracks this click-through data to help us determine End User interest in certain subject matter and measure the effectiveness of these End User communications. You can avoid being tracked in this way by not clicking text or graphic links in emails from #NotJustFatigue.
Finally, we may use clear gifs or pixel tags, which are tiny graphic images, in order: (i) to advise us of what parts of the Website End Users have visited, (ii) to measure the effectiveness of any searches End Users perform, and (iii) to enable us to send emails in a format that End Users can read and tell us whether such emails have been opened in order to ensure us that we are sending messages that are of interest to End Users.
C. Tracking
Some Web browsers may be configured to send Do Not Track signals to websites, or users may use similar mechanisms, to indicate a user’s preference that certain web technologies not be used to track the user’s online activity. The Website does not accept or process such Do Not Track signals or similar mechanisms.
3. Use and Sharing of Information by #NotJustFatigue
The End User information that #NotJustFatigue collects may be added to our databases and used for business purposes, including for purposes of promoting the activities and initiatives of our organization and organizations we support, for a statistical analysis of engagement with the Website, or for content improvement. In addition, #NotJustFatigue will, on occasion, send emails to you about the Website or third parties. If you do not want to receive email from us, visit the “Opt Out” or “Unsubscribe” link at the bottom of any #NotJustFatigue email to remove yourself from continued receipt of such email messages.
#NotJustFatigue’s policy is not to share the End User information it collects with third parties other than as specified below, or where an End User expressly consents to our sharing of certain information with a third party. We may share End User information with third parties under the following circumstances:
A. Business Partners and Vendors
We may employ third party companies and individuals for any of the following: to facilitate the Website; to provide the Website or portions of the Website on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the features or functionality; or to assist us in analyzing how the Website is being used.
Under certain circumstances, you may avoid having #NotJustFatigue share your information with its business partners and vendors by not granting #NotJustFatigue permission to share your information. Not granting #NotJustFatigue permission to share your information with its business partners or vendors may limit your access to their services through the Website.
B. Business Transfers
As we continue to develop our organization, we may buy, sell, or share assets with another entity in connection with, for example, a merger, acquisition, reorganization, or bankruptcy. In such transactions, information about End Users generally is often a transferred asset. In the event that #NotJustFatigue itself or substantially all of #NotJustFatigue’s assets are acquired, information about our End Users may be one of the transferred assets.
C. Compliance with Law and Protection of #NotJustFatigue and Others
We may release End User information when we believe, in our sole discretion, that release is appropriate: to comply with the law, including but not limited to, in response to a subpoena served on #NotJustFatigue; to enforce or apply the Agreement and other applicable agreements, rules, and policies; to protect the rights, property, or safety of #NotJustFatigue, our End Users, or others; or to prevent activity that we believe, in our sole discretion, may be or may become illegal, unethical, or legally actionable (including exchanging End User information with other organizations or companies for fraud protection).
D. Aggregate Site Use Information
We may release aggregate End User information (without revealing any Personal Information) to third parties in order to promote or describe use of the Website and spread awareness of organization initiatives.
4. International Transfer
By accessing and using the Website, you acknowledge and agree that #NotJustFatigue controls and operates all parts of the Website from its offices in the United States of America and that the Website is intended for use by End Users located in the United States of America. Unless expressly stated to the contrary, #NotJustFatigue makes no representation that the Website is appropriate or will be available for use in other locations.
If you access the Website from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.
5. Security
We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. Please note that no security system is impenetrable. Accordingly, we do not guarantee the security of our databases, nor that information you supply won't be intercepted while being transmitted to us over the Internet or other network. Any information you transmit to #NotJustFatigue, you do at your own risk. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Website in the most expedient time possible and without unreasonable delay, as 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.
6. Children’s Privacy
We are committed to protecting the privacy of children. The Website is not directed at or intended for use by anyone under the age of thirteen (13).Any access to or use of the Website by anyone under the age of thirteen (13) is unauthorized, unlicensed, and in violation of the Agreement. We do not knowingly collect personal information from anyone under the age of 13. If you are under 13, do not use or provide any information on this Website or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn or believe we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us using the contact information below. .
7. Contacting Us
If you have any questions about this Privacy Policy, please contact us at:
#NotJustFatigue
40 E Main St #725
Newark, DE 19711
connect@notjustfatigue.org