Terms of Use Agreement

Thank you for visiting KacyDukeFitness.com. These Terms of Use set forth the agreement between KacyDukeFitness.com, which is owned, operated and maintained by Kacy Duke, doing business as Kacy Duke Fitness Inc., a provider of online information, products and services for personal fitness, and each user governing the use of this web site.

Our web site is designed to provide a convenient, private and informative experience for its visitors as well as a place to access products and services Kacy Duke Fitness created to facilitate an active, healthy lifestyle. Kacy Duke Fitness Inc., ("we," "us," "our") want each visitor to our web site to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (and you) know what to expect from each other. Please read these terms and conditions carefully before using our web site. By using this web site, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use this web site. We may make changes to our web site, these terms and conditions, or the policies and conditions that govern the use of our web site at any time. We encourage you to review our web site and these terms periodically for any updates or changes. Your continued access or use of our web site shall be deemed your notification and acceptance of these changes.

THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE

Information on this web site is for educational purposes only. It is not intended as a substitute for individual fitness, health, and medical advice. Any use of the information in this book is at the reader’s discretion. The author and publisher disclaim any and all liability arising directly or indirectly from the use or application of any information published on this web site.

COPYRIGHT AND TRADEMARKS

"Show It Love" and "I Am, I Can, I Do" are trademarks owned by Kacy Duke, doing business as Kacy Duke Fitness, Inc.

Our web site and our e-bulletins contain information, data, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.

All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this web site and/or our e-bulletins for the sole purpose of placing an order with www.KacyDukeFitness.com. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on this web site and/or in our e-bulletins, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.

DISCLAIMERS

This web site is provided for your use on an "as is," "as available" basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, "associates"), do not make any representations or warranties of any kind, express or implied, with respect to our web site or its Content, including, without limitation, the products, services or information offered or sold on or through our web site or any other web site to which our web site links and the uninterrupted or error-free use of our web site. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that our web site or files available on our web site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of this web site and any site linked to our web site is expressly at your own risk.

All information contained on our web site, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on this web site for the diagnosis of a health problem or the prescription of medication.

You should always consult your physician and medical advisors before beginning an exercise or nutrition regimen. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product recommended or promoted on our web site. Information provided on this web site and the use of any products or services recommended or promoted on our web site by you DOES NOT constitute a expert-client relationship between you and any of the experts affiliated with our web site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other web sites that contain links to or from our web site. Because some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such web sites.

EXPORT

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from our web site to either a foreign national or a foreign destination in violation of such laws.

OUR RIGHTS

We may elect to electronically monitor areas of our web site. We are not responsible for screening, policing, editing, or monitoring Content on our web site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such Content from our web site. We may terminate your access, or suspend your access to all or part of our web site, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

Copyright © 2009 by Kacy Duke, doing business as Kacy Duke Fitness, Inc. All rights reserved. Any rights not expressly granted herein are reserved.

Privacy Policy

We respect your privacy in accordance with the terms of our Privacy Policy. We reserve the right to monitor our web site and to disclose any information recorded or posted on, submitted to, or transmitted through our web site to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate our web site, or to protect our rights or property or the rights or property of our users.