Terms & Conditions
CaseyShipp.com is intended for your personal entertainment, information, education and communication and is operated by Casey Shipp and her web service provider, collectively referred to as CaseyShipp.com. By using the CaseyShipp.com web site you are agreeing to be bound by the following terms & conditions:
1. “Account” shall broadly mean and refer to the arrangement, including all terms and conditions set forth herein, by which a person: a) uses the Internet or e-mail services of the Site, b) transmits, broadcasts, receives, and publicizes any electronic media to or from the Site, c) maintains any information, documents, communication, data, or records on the Site.
2. “Communication” shall broadly mean any and every oral or written utterance, statement, or verbal or nonverbal communication of any kind and nature, including without limitation, personal conversations, telephone calls, and e-mail exchanges.
3. “Date” shall mean the exact day, month, and year, if ascertainable, or, if not, the best approximation, including references to other events.
4. “Document(s)” or any derivative therefrom, is used herein in the broadest sense permitted and includes but is not limited to the original of all objects, tangible or intangible, from which information or Communications may be derived or discerned, and specifically includes all forms of electronic data and other information stored on electronic media.
5. “Hack” or any derivative therefrom, shall mean any attempt to seek or exploits any computer system or computer network by subverting computer security for for malicious purposes
6. “Person(s)” shall mean any individual, firm, partnership, corporation, company, proprietorship, association, governmental body, or any other organization or entity
7. “Site” or “Web Site” or any synonym thereof or derivative therefrom, shall mean and include www.CaseyShipp.com unless specified otherwise herein.
8. “Violation” or any synonym thereof or derivative therefrom, shall mean and include any breach, infringement, or distortion of any of the Terms and Conditions as set forth herein.
9. “You” or any synonym thereof or derivative therefrom, shall mean any individual, firm, partnership, corporation, company, proprietorship, association, governmental body, or entity which registers an account with the Site.
1. You must be 18 years or older to use this Site. Otherwise, any person using the Site that is under the age of 18 years old expressly agrees that he/she has obtained parental/guardian consent and approval prior to any use of the Site including but not limited to creating and maintaining an Account.
2. You are responsible for any activity that occurs under your user name and Account.
3. You are responsible for keeping your password secure.
4. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise of material obtained through the Website. This includes, without limitation, the Assets or Website Content, except as permitted by the Copyright Act or other law, or as expressly permitted in writing by this Agreement, Service Provider or the Website.
5. You may not use the CaseyShipp.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, information, and screen names that you submit to CaseyShipp.com.
7. You must not modify, adapt or hack CaseyShipp.com or modify another website so as to falsely imply that it is associated with CaseyShipp.com.
8. You must not transmit any computer programs or any computer code that is destructive in nature or meant to corrupt any computer system or network.
9. You must not, in the use of CaseyShipp.com, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these Terms will result in the termination of your Account.
Conditions of Use:
1. You agree that CaseyShipp.com may provide you with notices, including those regarding changes to the Terms and Conditions, either by posting a notice about such changes on the CaseyShipp.com website, or by sending an email to you.
2. We reserve the right to modify or terminate your account or the CaseyShipp.com service in its entirety for any reason, without notice at any time.
3. We reserve the right to alter these Terms and Conditions at any time. Any alterations to the Terms and Conditions will be sent to you in accordance with the preference expressed on your account.
4. We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
5. We may, but have no obligation to, remove content and accounts for any reason. This may include content that violates any party’s intellectual property or these Terms and Conditions.
6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
8. By posting messages, uploading files, inputting date, or engaging in any other form of communication through this service, you are granting CaseyShipp.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
a). Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication;
b). Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Setting Up Your Account
1. When you enter the CaseyShipp.com Site for the first time, you will have the option of setting up a user Account. Setting up an Account will enable you to access additional services and functions, including the ability to:
i. Obtain recipe and/or meal plan recommendations from CaseyShipp.com, based on your personalized plan;
ii. Download your weekly workout schedules and goals;
iii. Upload personal photographs and progress reports related to your personalized fitness plan;
iv. Receive alerts when new information related to your fitness plan becomes available;
2. If you do not set up a user account, your use of the Site will be limited to browsing only. However, anytime you use the CaseyShipp.com website, please note that the CaseyShipp.com Terms and Conditions will apply to you regardless of your level of use.
Linking to the Site
By using our Twitter, Facebook, or other social media link tool, you can share a message with your followers and friends including blog posts on CaseyShipp.com. You also have the option of including a comment in your sent message. In addition, you may create and maintain a hyperlink to any portion of the Site that is not protected by your username or password. You are free to use any of the above tools provided you do not: (a) portray CaseyShipp.com or the Site in a false or misleading manner, (b) suggest any affiliation between you and CaseyShipp.com or our Site, or (c) “frame,” distribute, or resell access to the Site to any third party.
Other than the use of hyperlinks to CaseyShipp.com, no information, data, images, photographs, charts, messages, text or audio may be removed from CaseyShipp.com. The Site contains material that is derived in whole or in part from material supplied by CaseyShipp.com and other sources, and is protected by U.S. and international copyright and trademarks laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software of data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, transmitted, or distributed in anyway or decompiled, reverse engineered or disassembled.
Proprietary and Confidential Information
Confidential Information (“Confidential Information”) shall include all business, technical, and non-technical information of CaseyShipp.com whether disclosed in writing, orally, or in any other form, tangible or intangible, including, but not limited to:
A. Information concerning inventions, discoveries, concepts, ideas, technology, techniques, charts, processes, methods of manufacture and packaging, designs, specifications, requirements, instructions, plans, drawings, prints, diagrams, models, documentation, samples, prototypes, packaging, product formulations, flow charts, computer programs, algorithms, testing procedures, test results, data, system and device implementation information and plans, system and device operation information, system and device installation information and instructions, financial information and plans, customer information and lists, business plans, contracts, licenses, agreements and amendments thereto, marketing information, marketing plans and concepts, marketing strategies, production information and plans, distribution information and plans, services information and plans, business concepts, supplier information and lists, business procedures and business operations, and all documents and materials related thereto;
B. The terms and conditions found herein;
C. All know-how and intellectual property (collectively, “Intellectual Property”), including, but not limited to: (a) unpublished copyrightable material, copyrights, copyright registration applications, moral rights, and any other rights to any form or medium of expression; (b) patents, patent applications, and equivalents thereof; (c) trademarks, service marks, and applications for trademarks or service marks; and, (d) inventions, improvements, concepts, ideas, technology, formulas, product formulations, vendor lists, customer lists, equipment lists, specifications, requirements, instructions, processes, methods of manufacture, items, information or theories which are potentially protectable or registrable under any domestic and/or foreign copyright, patent, trademark, design, or other similar laws;
D. All information or items constituting trade secrets under Georgia law (“Trade Secrets”), including, but not limited to, the information and items identified in this Section 1 which constitute Trade Secrets.
Exceptions — Confidential Information does not include that information which:
A. is generally known and readily available to the applicable trade at the time of disclosure or which becomes so through no breach of the Terms and Conditions found herein by you;
B. is known to you prior to the time of disclosure by CaseyShipp.com as evidenced by contemporaneous, dated written records;
C. is received by you from an independent source having the right to such information without an obligation of confidence or non-disclosure to CaseyShipp.com, and without the information having been solicited or obtained by any use of the Confidential Information; or
D. is independently developed, as evidenced by dated written records, by you or other persons who have not had access to the Confidential Information.
Limited Use — you shall use the Confidential Information of CaseyShipp.com only for your personal use and for no other purpose (“Limited Use”). You shall not use the Confidential Information for its own benefit or for the benefit of others, except for such Limited Use, and nothing in this Agreement shall be construed to grant you any sort of license, right to use, or any other rights in the Confidential Information of CaseyShipp.com other than for the Limited Use. You shall not make, nor cause to be made, any modifications, disassembly, reverse engineering, improvements, derivative works, measurements, or chemical or scientific tests of any devices, systems, products, or methods which incorporate, use, or are based on the Confidential Information of CaseyShipp.com, except pursuant to a supplemental written agreement between the parties so providing.
Non-disclosure to Third Parties — You shall keep the Confidential Information of CaseyShipp.com strictly confidential and in trust. You shall use best efforts to safeguard the Confidential Information of CaseyShipp.com, taking at least the same level of care you would take to safeguard your own most valuable proprietary and confidential information, and in no event, less than a reasonable level of care. In furtherance of the foregoing:
A. You shall not disclose any portion of the Confidential Information of CaseyShipp.com to any third party except as expressly permitted hereunder.
B. You shall cooperate with CaseyShipp.com of Confidential Information in such efforts to protect the Confidential Information of CaseyShipp.com from disclosure. Should you make any unauthorized disclosure or use of any Confidential Information of CaseyShipp.com provided hereunder, such you shall promptly notify CaseyShipp.com and shall cooperate in taking prompt steps to protect the Confidential Information of CaseyShipp.com from further unauthorized disclosure or use.
C. You may disclose Confidential Information of CaseyShipp.com to the extent required to be disclosed pursuant to a final court order; provided, however, that you shall: 1) upon its receipt of any pleading, discovery request, interrogatory, motion or other paper that requests or demands disclosure of any portion of the Confidential Information of CaseyShipp.com, notify CaseyShipp.com. of such request or demand within three (3) days of your receipt thereof and provide CaseyShipp.com with sufficient and appropriate information to contest and/or oppose such request or demand at the sole expense of you; 2) allow CaseyShipp.com, at its sole expense, to contest such request or demand on behalf of you and to seek judicial protection against such disclosure, and to have such disclosure made under a protective secrecy order, and 3) provide CaseyShipp.com, at such CaseyShipp.com’s own expense, with reasonable assistance in opposing such request or demand.
D. As part of your obligation to safeguard the Confidential Information of CaseyShipp.com, a you agree that only those employees, representatives, and advisors of you having a need to know for the Limited Use identified in these Terms and Conditions will have access to or be provided with the Confidential Information CaseyShipp.com, and then only to the extent necessary to carry out their respective tasks under this Agreement. You further agree to require such employees, representatives, and advisors (unless such advisors are otherwise subject to ethical canons of confidentiality) to be subject to obligations of confidentiality and non-disclosure, and restrictions of use, with respect to the Confidential Information of CaseyShipp.com which are no less stringent than those set forth herein.
No Interference with the CaseyShipp.com Site
Except with our advance written permission, you agree not to use any program or software including but not limited to a robot, spider, data gathering, scraping or extraction tool or similar mechanism, to access or attempt to view or obtain data from our Site. You agree not to interfere or attempt to interfere with the Site or any other user’s access to the site. Further, you agree not to reverse engineer, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of the Site (including but not limited to any feature, widget or application made available through the Site).
Medical Information – Disclaimer
The information on this website is provided for educational and entertainment purposes only, and is in no way intended to diagnose, cure or treat any medical condition or ailment. Always seek the advice of your physician or other qualified health provider prior to starting any new diet or workout regimen, and ask your doctor any questions you may have regarding nutrition, allergy or other medical condition. In addition to all other limitations and disclaimers in this agreement, service provider and its third party providers disclaim any liability or loss in connection with the content provided on this website. Use of the programs, advice, and information contained in this web site is at the sole choice and risk of the reader.
Your personal safety cannot be guaranteed. Engaging in any form of physical activity or cardiovascular stress may result in injuries which can range from occasional minor injury (e.g., pulled muscles, muscle soreness) to infrequent serious injury (e.g., heart attack, stroke, or other cardiovascular accidents) to the very rare catastrophic incident (e.g., death, paralysis). Likewise, you understand that engaging in muscular endurance, strength building, and other fitness activities occasionally results in minor injuries (e.g., bruises, musculo-skeletal strains and sprains), infrequently, more serious injuries (e.g., muscle tears, herniated disks, torn rotator cuffs), and very rarely, catastrophic injury (e.g., death, paralysis). You further understand that when participating in any exercises or conditioning activity, there is always a possibility that minor injuries, major injuries, or catastrophic injury/death may occur.
Disclaimer of Warranties
We provide the site (and any content, features, applications, or products offered or made available through the site) “as is.” We do not make any warranties or guarantees of any kind with respect to the site, nor do we guarantee that the site will be continuously available or secure. We disclaim all express and implied warranties with respect to the site, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Certain state laws do not allow limitations on implied warranties; if those laws apply to you, some or all of the disclaimers above may not apply to you, and you may have additional rights.
Limitation of Liability
We will not be liable to you for any lost profits or for any incidental, indirect, special or consequential damages, regardless of the cause of action. In no way will CaseyShipp.com or any persons associated with CaseyShipp.com be held responsible for any injuries or problems that may occur due to the use of this website or the advice contained within. CaseyShipp.com will not be held responsible for the conduct of any companies and/or web sites recommended within this site. Our total liability to you for any claim arising under this agreement will not exceed $100.00 or the value of your membership fee, whichever is greater. Certain state laws may not allow the exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you, and you may have additional rights.
You agree to indemnify, defend and hold harmless, CaseyShipp.com and its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you. CaseyShipp.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CaseyShipp.com in asserting any available defenses.
Governing Law; Disputes
These Terms and Conditions are governed by the laws of the State of Georgia, without regard to its conflict of laws rules. The exclusive venue for any action or dispute arising out of this Terms and Conditions will be the Superior Court of Fulton County, Georgia or the Federal Court located in Atlanta, Georgia, and you hereby submit to the personal jurisdiction of such courts.
These Terms and Conditions form the entire agreement between you and the Site. It supersedes any prior or contemporaneous agreements or communications between the parties. If we fail to enforce any term of these Terms and Conditions, it will not be considered a waiver. Any amendment to these Terms and Conditions must be made in a writing signed by both parties. All of our rights under these Terms and Conditions are freely assignable by us, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms and Conditions do not confer any right on any third party.
Should any provision of these Terms and Conditions be declared illegal or unenforceable by any court of competent jurisdiction, such that it cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder in full force and effect.
You acknowledge and agree that these Terms and Conditions as well as any document included by reference contains the entire and complete agreement between the parties with respect to your usage of the Site and that the Terms and Conditions stated herein shall bind and inure to the benefit of the parties hereto and their respective heirs, successors, representatives and assigns. This Agreement is intended to supersede all prior oral and/or written representations and promises discussed between the parties and such prior oral and/or written representations and promises are merged and integrated herein.
You acknowledge that you have read and reviewed these Terms and Conditions and fully understand the same and agree to be fully bound by and subject thereto.
If you have any questions, please contact firstname.lastname@example.org