Terms Of Use

This Web site (hereafter, “this Site”) is owned and operated by Kingman Solutions, LLC dba Desert Sky Fitness, an Arizona (USA) company with its principal place of business in Kingman, Arizona, for your personal, non-commercial use only.

Access to and use of this Site are subject to the following terms and conditions. By using this Site, you signify your assent to these terms of use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Such changes shall be posted on this page and shall become effective immediately upon posting. Visitors to this Site should periodically check for changes to these terms and conditions. Your continued use of this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please e-mail any questions regarding this policy to ralph@kingmansolutions.com.

Intellectual Property
This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Kingman Solutions, LLC dba Desert Sky Fitness and/or the party credited as the provider or owner of the Intellectual Property. Text, photographs, illustrations, and other materials from Kingman Solutions, LLC dba Desert Sky Fitness are used with permission. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Kingman Solutions, LLC dba Desert Sky Fitness and protected by U.S. and international copyright laws. All software used on this Site is the property of Kingman Solutions, LLC dba Desert Sky Fitness or commercial software suppliers and is protected by U.S. and international copyright laws.

Except as provided in subparagraph 5 below, you may view, copy, download, or print material appearing on this Site subject to the following conditions: the material may only be used for your personal, non-commercial use; the material may not be modified; all copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; the copyright notice and permission notice: “Copyright ©2014 Kingman Solutions, LLC dba Desert Sky Fitness. All rights reserved.” must appear on each copy.

Any other actions including, but not limited to, the copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site’s design, or the Kingman Solutions, LLC dba Desert Sky Fitness logos without the express written permission of Kingman Solutions, LLC dba Desert Sky Fitness, or other owners of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited.

User Submissions
Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Kingman Solutions, LLC dba Desert Sky Fitness. You agree that any submissions, in whole or in part, may be used by Kingman Solutions, LLC dba Desert Sky Fitness or any of its affiliates for any purpose including reproduction, transmission, publication, broadcast, and posting. You additionally agree that Kingman Solutions, LLC dba Desert Sky Fitness is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.

Trademarks
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the Trademarks of Kingman Solutions, LLC dba Desert Sky Fitness, and others. Nothing contained in this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of Kingman Solutions, LLC dba Desert Sky Fitness or the third party that owns the Trademarks displayed on this Site. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these terms and conditions, is strictly prohibited.

Disclaimer, Limitations of Liability, and Indemnity
This Site could include technical or other inaccuracies or typographical errors.  KINGMAN SOLTUIONS, LLC DBA DESERT SKY FITNESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENTS OR OF THE CONTENT OF ANY SITE OR SITES LINKED TO THIS SITE. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

This Site may include links to other Internet sites, both related and unrelated to this Site, which may be of interest to users. Additionally, other sites may link to this Site with or without the permission of Kingman Solutions, LLC dba Desert Sky Fitness. Kingman Solutions, LLC dba Desert Sky Fitness is not responsible for the content or availability of these sites. Descriptions of or references to companies, products, or publications not owned by Kingman Solutions, LLC dba Desert Sky Fitness on this Site or any linked site do not imply any endorsement of such companies, products, or publications by Kingman Solutions, LLC dba Desert Sky Fitness. Kingman Solutions, LLC dba Desert Sky Fitness shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the companies, services, or publications accessed through this Site.

Kingman Solutions, LLC dba Desert Sky Fitness, its affiliates, their directors, officers, employees, shareholders, agents, or any others involved in the creation of this Site shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of your access to or use of any content of this Site or any sites to which this Site links or is linked. Nor is Kingman Solutions, LLC dba Desert Sky Fitness responsible for or liable for any damage, including damage caused by viruses, to your computer, computer system, or other property during or on account of access or use of this Site or any sites to which this Site links or is linked.

Furthermore, you agree to defend, indemnify, and hold harmless Kingman Solutions, LLC dba Desert Sky Fitness and its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from, or related to, your use of the Site or your breach of any of the terms of this agreement.

Users Outside the U.S.
This Site is available internationally and may contain references to products or services not available in all countries. Kingman Solutions, LLC dba Desert Sky Fitness does not market all of its products or services in all countries. Some Kingman Solutions, LLC dba Desert Sky Fitness products sold outside of the United States may be formulated differently from the products referred to in this Site. Check the label for ingredient and nutrient information.

Applicable Law
This Site is created and controlled by Kingman Solutions, LLC dba Desert Sky Fitness in the state of Minnesota, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Kingman Solutions, LLC dba Desert Sky Fitness makes no representations that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The terms and conditions for use of this Site shall be governed by and construed in accordance with the statutes and the laws of the state of Minnesota, without giving effect to any principles of conflicts of law. You and Kingman Solutions, LLC dba Desert Sky Fitness agree and hereby submit to the exclusive personal jurisdiction and venue of Dakota County, Minnesota, and the assigned United States District Court for the purposes of litigating any action arising from or relating to your use of this Site. If any part of these terms and conditions is declared unlawful, void, or for any reason unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire Agreement between you and Kingman Solutions, LLC dba Desert Sky Fitness with respect to the use of this Web site.

Information Disclaimer
The content of Kingman Solutions, LLC dba Desert Sky Fitness is for general information purposes only and does not constitute advice. Kingman Solutions, LLC dba Desert Sky Fitness tries to provide content that is true and accurate as of the date of writing; however, we give no assurance or warranty regarding the accuracy, timeliness, or applicability of any of the contents. Visitors to Kingman Solutions, LLC dba Desert Sky Fitness should not act upon Kingman Solutions, LLC dba Desert Sky Fitness’s content or information without first seeking appropriate professional advice.

Kingman Solutions, LLC dba Desert Sky Fitness is not intended to be a source for advice. Visitors to Kingman Solutions, LLC dba Desert Sky Fitness should always seek the advice of an appropriately qualified professional. Kingman Solutions, LLC dba Desert Sky Fitness assumes no responsibility for information contained on this Web site and disclaims all liability in respect of such information. In addition, none of Kingman Solutions, LLC dba Desert Sky Fitness’s content will form any part of any contract between us or constitute any type of offer by Kingman Solutions, LLC dba Desert Sky Fitness. Specific disclaimers may apply in addition to certain content or parts of the site.
Kingman Solutions, LLC dba Desert Sky Fitness accepts no responsibility for and excludes all liability in connection with browsing this Web site, use of information or downloading any materials from it, including but not limited to any liability for errors, inaccuracies, omissions, or misleading or defamatory statements. The information at this Web site might include opinions or views which, unless expressly stated otherwise, are not necessarily those of Kingman Solutions, LLC dba Desert Sky Fitness or any associated company or any person in relation to whom they would have any liability or responsibility.

All content and information at Kingman Solutions, LLC dba Desert Sky Fitness might be changed or updated without notice. Kingman Solutions, LLC dba Desert Sky Fitness might also make changes or improvements at any time without notice.
This Web site are provided “as is” and Kingman Solutions, LLC dba Desert Sky Fitness expressly disclaims any and all warranties, express or implied, to the extent permitted by law, including but not limited to warranties of satisfactory quality, merchantability, or fitness for a particular purpose, with respect to the service or any materials.
Kingman Solutions, LLC dba Desert Sky Fitness hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with regard to any information, content, or services provided at our Web site, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data, or otherwise.

Disclaimer of Endorsement
Reference within this site to any specific commercial or non-commercial product, process, or service by trade name, trademark, manufacturer or otherwise does not constitute or imply an endorsement, recommendation, or favoring by Kingman Solutions, LLC dba Desert Sky Fitness. The views and opinions of the authors of content published at Kingman Solutions, LLC dba Desert Sky Fitness does not necessarily state or reflect the opinion of Kingman Solutions, LLC dba Desert Sky Fitness or its owners, and cannot be used for advertising or product endorsement purposes. References to books, software, Web sites, or products as “Recommended by Kingman Solutions, LLC dba Desert Sky Fitness” are specific suggestions only and do not necessarily constitute or imply an endorsement.

Disclaimer for Links to External, Third Party Web Sites
Links to external, or third party Web sites, are provided solely for visitors’ convenience. Links taken to other sites are done so at your own risk and Kingman Solutions, LLC dba Desert Sky Fitness accepts no liability for any linked sites or their content. When you access an external Web site, keep in mind that Kingman Solutions, LLC dba Desert Sky Fitness has no control over its content. Any link from Kingman Solutions, LLC dba Desert Sky Fitness to an external Web site does not imply or mean that Kingman Solutions, LLC dba Desert Sky Fitness endorses or accepts any responsibility for the content or the use of such Web site. Kingman Solutions, LLC dba Desert Sky Fitness does not give any representation regarding the quality, safety, suitability, or reliability of any external Web sites or any of the content or materials contained in them. It is important for users to take necessary precautions, especially to ensure appropriate safety from viruses, worms, Trojan horses and other potentially destructive items. When visiting external Web sites, users should review those Websites’ privacy policies and other terms of use to learn more about, what, why and how they collect and use any personally identifiable information.

Content and Links Disclaimer
Kingman Solutions, LLC dba Desert Sky Fitness seeks to ensure that all content and information published at this Web site is current and accurate. The information at Kingman Solutions, LLC dba Desert Sky Fitness does not in any way constitute legal or professional advice and Kingman Solutions, LLC dba Desert Sky Fitness cannot be held liable for actions arising from its use. In addition, Kingman Solutions, LLC dba Desert Sky Fitness cannot be held responsible for the contents of any externally linked pages.

End of disclaimer.