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Our Privacy Policy
WestStar Digital Audio, together with its subsidiaries and affiliates
companies (herein "we," "us," "our," "the Company") with include but are not
limited to WestStar TalkRadio Network, WestStar Merchandising Inc., dba The
Store at Komando.com, The Kim Komando Show and its official website located at,
or linked to www.komando.com or
store.komando.com (herein, websites), Kim’s
Club® (our premium, subscription component of www.komando.com together with all
of its newsletters and associated publications, including but not limited to
"The Kim Komando Show Weekly Newsletter," "The Kim Komando Show Tip of the Day,"
"The Kim Komando Show Cool Site of the Day," "The Kim Komando Show News of the
Day," (herein "newsletters") is committed to keeping our users, subscribers and
customers (herein "you" or "your") informed about how we use or may use the
information we gather from you in the routine course of conducting business and
providing you with the services and/or products which you have requested and/or
purchased through any of our websites.
This one comprehensive Privacy Policy effective 04-01-09 (herein "Policy")
supersedes and replaces all other previously published policies is applicable
until superseded, replaced or cancelled. This policy is applicable to all of our
websites, e-commerce store and related or similar business activities, our
products offered via subscription or sale, such as our Newsletters, and any
other of our business activities whether purchased or available free of charge.
We ask that you read it carefully to understand how we will use and protect your
personal information which you provide to us. We will not share your personal
information with anyone except as specifically described within this Policy.
This policy could, from time to time, be modified or changed by us. In such an
event, any and all changes to this Policy will be announced simultaneously on
each of our websites at least ten (10) days in advance of any change or
modification. We urge you to check back periodically.
By using any of our websites or obtaining any of our products or services, you
agree to the collection and use of your information as set forth in this Policy.
If you do not fully agree to all of the items, terms and conditions of this
Policy please do not use any of our websites, products or services.
You use of any of our websites, products or services in any manner, affirms that
you hereby agree to all the terms and conditions as set forth in this Policy.
All inquires must be submitted via USPS Certified Mail, Return Receipt Requested
to:
WestStar TalkRadio Network
Privacy Policy Administrator
2711 N. 24th Street
Phoenix, AZ 85008
No phone calls, e-mail or any other type of communication will be accepted or
acknowledged.
YOUR E-MAIL ADDRESS AND SUBSCRIPTION TO KIM'S NEWSLETTERS:
A quick comment regarding Kim Komando’s electronic newsletters: A free
subscription to any of Kim's newsletters come with her 100 Percent Spam-Free
Guarantee. Kim's newsletters are also "Can-Spam" compliant.
The "Spam-Free Guarantee" means that your e-mail address will never be sold,
swapped, rented or loaned to anyone, ever. When you subscribe to any or all of
Kim's free newsletters, you must also verify your e-mail address and
subscription request by responding to a confirmation e-mail. If you do not
respond to this e-mail, your e-mail address will automatically be deleted from
our database.
You may opt-out (unsubscribe) at any time, either by using the online form or by
sending an unsubscribe request via postal mail to the address included on every
e-mail.
YOUR PERSONAL INFORMATION
This Policy will explain the following regarding use of each of our Websites:
- What information that is Personally Identifiable do we collect from you?
- Where do we collect that information and how do we use it?
- Who collects and keeps your information?
- With whom do we share your information?
- How may you update, correct or delete your Personally Identifiable Information?
- What are your choices regarding collection, use and distribution of your information?
- What security precautions are in place to protect against the loss, misuse or alteration of your information under our control?
- Cookies and Clear GIFs.
- Parental consent and privacy.
- What information do We collect from or
about you?
In order to better provide you with many products and services, each of our
websites may collect two types of information about you: Personally Identifiable
Information and Non Personally Identifiable Information. Our primary goal in
collecting information from you is to provide you with a smooth, efficient and
customized experience while using our Websites and/or newsletters.
Personally Identifiable Information: "Personally
Identifiable Information" refers to information that lets us know the specifics
of who you are. This information can be used to identify, contact or locate you.
Personally Identifiable Information is requested when you register with us,
order a product or service, fill out surveys, participate in contests or
sweepstakes, correspond with us, or otherwise volunteer information. Personally
Identifiable Information may include all or part of the following: Your name,
physical mailing address, telephone number, mobile phone number, e-mail
addresses and/or other identification and contact information as we may deem
necessary. If you are using e-mail a friend on one of our Websites, we may ask
you to provide the name, mailing address, e-mail address or other personal
information. If you are making a purchase from us, we will also collect certain
personal financial information such as your credit card number. We do not and
will not store your credit card number.
Non Personally Identifiable Information: "Non
Personally Identifiable Information" refers to information that does not
identify you as a specific individual by itself or in combination with other
information. We may gather certain information about you based upon where you
visit on any of our Websites. This information may be compiled and analyzed on
both a personal and an aggregated basis. This information may include the
website's Uniform Resource Locator ("URL") that you just came from, which URL
you next go to, what browser you are using, and your Internet Protocol ("IP")
address. A URL is the global address of documents and other resources on the
Internet. An IP address is an identifier for a computer or device on a
Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the
Internet. Networks use the TCP/IP protocol to route information based on the IP
address of the destination. In other words, an IP address is a number that is
automatically assigned to your computer whenever you are surfing the Internet,
allowing Internet servers to locate and identify your computer. Computers
require IP addresses in order for users to communicate on the Internet, browse
and shop.
Where do we collect information from you and how do we use it?
Our primary goal in collecting personal information is to provide you with a
superior and customized online experience. Among other things, we use customer
contact information to orders, contact prior purchasers to inform them of their
order status, to remind customers of events through our reminder service(s), to
send our customers' friends or loved ones greetings, e-mails or hints to send
our products through a greeting, e-mail a friend or hint service, and to send
service and promotional e-mails.
We may perform statistical analyses of aggregate customer behavior. This allows
us to measure relative customer interest in the various areas of each of our
Websites for product development purposes and to improve the design of our
Websites. Any information we collect is used for our own internal purposes to
improve the content and navigation of our Websites, to enhance users'
experiences when visiting our Websites, to customize the content and/or layout
of our pages, and to provide the services required by an individual user. We may
also use information to notify consumers about updates to our Websites, to
complete user initiated transactions, to trace false orders and to contact
consumers directly, or through our third-party service partners, for marketing
purposes. In addition, we may seek to update you or your recipients' personal
information in our records through third party services that provide updated
names, e-mails, addresses, phone numbers, birth dates and other information. We
may then use this acquired information to enhance our services or marketing
efforts to you or your recipients.
We gather information in the following ways:
Shopping or Viewing Content: We collect IP addresses
for the purposes of system administration, to gather broad demographic
information, and to monitor the level of activity on our Websites. We collect
information from visitors to each of our Websites regarding the referring URL,
your IP address, which browser you used to come to any one of our Websites, the
country, state and telephone area code where your server is located, and the
pages of any one of our Websites that you viewed during your visit.
Ordering: When you order from us, we collect
Personally Identifiable Information from you. If you order one of our products
or services, we will collect and maintain your name, e-mail address, mailing
address, telephone or mobile number, product selections, credit card number (or
check or money order information if using such payment methods while ordering
via mail), order number, referring URL, IP address and a password, as well as
the recipient's name, address, telephone or mobile number and e-mail address. We
collect this, and other information, as disclosed in this Policy, in order to
fill your order, to communicate with you about your order, or the recipient, as
appropriate, and to send you promotional materials. Before confirming your
order, you will have the opportunity to review the product order form and make
changes and additions to the information it contains and these changes will be
automatically kept for future use. If you cancel an order or do not complete an
order we may collect and use any e-mail address or other information that you
have entered as we would collect and use it if you had completed an order.
When an order is placed for delivery to you by a third party we need to collect
Personally Identifiable Information regarding the third party to fulfill the
order. This information includes their name, address, telephone or mobile number
and e-mail address.
Notices to Recipients: If you are a recipient of an
order placed by a third party we may send one or more e-mails regarding the
order, including regarding customer service issues. In addition, we may send you
additional e-mails in compliance with applicable laws in order to promote our
Websites and services and to seek your consent to opt in to receive our various
newsletters, promotional e-mails and other services. If we send you e-mails
notifying you of an order, or that promote our Websites and services, they will
contain an opt out link or e-mail address. We may also telephone you regarding
the shipment of your order.
Surveys and Polling: In order to improve our services
to you, we may ask some of our customers or product recipients to voluntarily
complete surveys online or via telephone, which may be collected by an
independent third party. Individual survey answers are confidential, although
Non Personally Identifiable Information may be collected and disclosed to third
parties. If you do not wish to participate in a survey, simply decline to
participate when asked.
Contests and Sweepstakes: We may from time to time
conduct contests, sweepstakes or other promotions. Customers who choose to
participate may be asked to provide Personally Identifiable Information. That
information may then be used by us for such purposes as notifying winners and
fulfilling promotional obligations as well as providing electronic newsletters
and promotional e-mails for our products and/or services (which you can opt out
of receiving as described more fully below).
Newsletters & Promotional e-mails: We may offer free
electronic newsletters and promotional e-mails for products and/or services
offered on any one or more of our Websites as a service to our prior customers
from any of our Websites. We may send you newsletters and e-mails periodically
listing current specials and deals from us or through our third-party service
partners. However, you will have the choice to opt out of (unsubscribing)
receiving newsletters and promotional e-mails for products and/or services
offered on any one or more of our Websites. In order to opt out of our
promotional e-mails, you must opt-out from receiving our free newsletters.
Subsequent entries to our contests, sweepstakes or other promotions will
reinstate your newsletter subscription and promotional e-mails. If you reinstate
your subscription, you may elect to opt-out again. To opt-out or change your
subscribed newsletters, please visit our newsletter management area:
http://www.komando.com/newsletters/
Cookies: In conjunction with our third-party service
partners, we may make limited use of cookies to gather information when you
visit any one of our Websites, make a purchase and when you click through to any
one of our Websites from a targeted e-mail, newsletter or partner site. We may
also use cookies to gather and compile such information about you when you
return to our Websites so that we may better customize our services to you. To
find out what cookies are and how they can be used, please refer to Section 8 of
this Policy below.
Contact Information and Third-Party Data: If you contact us by telephone, e-mail
or letter, we may keep a record of your contact information, correspondence or
comments. If you report a problem with any one of our Websites, we may collect
such information in a file specific to you. If you provide us feedback through
any one of our Websites, by e-mail or by calling one of our customer service
representatives, we may ask for your name and e-mail address in order to send
you a reply. If other users or third parties send us correspondence about your
activities or purchases on any one of our Websites, or if you are the recipient
of products sent by another customer, we may keep the information in a file
specific to you. We store this information for the purpose of sending one or
more e-mails in connection with such an event.
- Who is collecting your information?
Except as otherwise expressly discussed in this Policy, only we collect your
information. This Policy only addresses the use and disclosure of information we
collect from you. We encourage you to ask questions and to be very cautious
before you disclose your Personally Identifiable Information to others. We may
utilize third-party advertising service partners that may collect information
about you through the use of cookies or clear GIFs when you click on its
advertisements, open promotional e-mails or newsletters or visit our Websites
via a link in a promotional e-mail or newsletter. Any Personally Identifiable
Information that may be gathered in this manner is solely for our use; however,
a third-party advertising service partner may use this information in a
non-personally identifiable aggregated form for its own purposes.
In addition, we may employ one or more third-party service partners that track
the traffic on our Websites. However, the only information that may be gathered
by such third parties is Non Personally Identifiable Information with the
exception of e-mail addresses. For more information about how our third party
service partner tracks traffic on our Websites, as well as information on how to
opt-out of certain aspects of such tracking, please click here:
http://www.google.com/privacy_ads.html
- With whom do we share your information?
We do not sell, trade or rent your Personally Identifiable Information collected
on our Websites (or any other means) to others. The information collected by our
Websites is used to process orders, to keep you informed about your order
status, to notify you of products or special offers that may be of interest to
you, and for statistical purposes for improving our Websites. We will disclose
your Personally Identifiable Information to third parties for tracking purposes,
to charge your credit card (or process your check or money order, as
appropriate), fill your order, improve the functionality of our Websites,
customize our marketing efforts with you and perform statistical and data
analyses, deliver your order and deliver promotional e-mails to you from us.
These third parties may not use your Personally Identifiable Information other
than to provide the services requested by us.
We may provide aggregated statistics about our customers, sales, traffic
patterns and related Site information to third parties that do not include
Personally Identifiable Information. Moreover, we may release account
information when we believe that such release is reasonably necessary to enforce
or apply our Terms and Conditions of Use or to protect the rights, property and
safety of our users, others and ourselves.
Enforcement of Law: From time to time, we may be
required by law enforcement or judicial authorities to provide Personally
Identifiable Information to the appropriate governmental authorities. We will
disclose Personally Identifiable Information only upon receipt of a court order
or subpoena or to cooperate with a law enforcement investigation. We fully
cooperate with law enforcement agencies in identifying those who use our
services for illegal activities. We reserve the right to report to law
enforcement agencies any activities that we, in good faith, believe to be
unlawful.
Merger and Acquisitions: In the event of a merger,
consolidation or sale or transfer of all or substantially all of the assets or
business of any one or more of our companies or Websites, one of the assets that
would generally be transferred is the information we collect from our customers
(including both financial records and consumer information). However, the use of
this information by any successor entity would still be governed by the terms of
this Policy, as amended from time to time, including any amendment after such
transaction, and you will continue to have the right to opt out of sharing your
information with third parties.
- How can you update or correct your
Personally Identifiable Information?
During the online ordering process you can review, change or delete the
information that you have submitted. You may change any of your personal
information in your account(s) online at any time. You may ask us in writing via
postal mail to have the information on your account deleted, updated or
corrected; however, because we keep track of past purchases, you cannot delete
information associated with past purchases. Note that we may retain changed or
deleted information for archival or other purposes.
- What are your choices regarding
collection, use and distribution of your information?
We may from time to time send you e-mail or other communications regarding
current promotions, specials and new additions to our Websites. If you have
supplied us with your telephone number(s) you may receive telephone calls from
us with information or requests for information regarding an order you have
placed. You may opt out, or unsubscribe from our newsletters at our newsletter
management area: http://www.komando.com/newsletters/. If you make a purchase or
an attempted purchase on one of our Websites or enter one of our contests or
sweepstakes, you will be opted back in to our newsletters and promotional
communications until you opt out or unsubscribe once again.
If you are using the e-mail a friend service on one of our Websites, then you
may have the option of sharing your Personally Identifiable Information and Non
Personally Identifying Information, as well as information that you have entered
regarding third parties, with others. If you share this information with third
parties, these parties are not bound to follow this Policy and may disclose or
use this information in ways we will not.
- What security precautions are in place
to protect against the loss, misuse or alteration of your information?
We employ reasonable security measures to protect the security of the
information you submit to us. The importance of security for all Personally
Identifiable Information associated with our customers is of utmost concern to
us. Our secure servers protect this information using password protection and
advanced encryption, and we may use firewall technology for additional
protection.
In order to most efficiently serve you, credit card transactions are handled by
established third-party banking institutions and process agents. With few
exceptions, our order fulfillment is done by our own employees (personalized
and/or customized products are typically fulfilled by those third-party
vendors). In the case of third-party fulfillment, they receive the information
they need to create and ship your order. When collecting credit card information
for online purchases, we offer secured server transactions that encrypt your
information in transit to thwart someone from intercepting it and misusing it.
We do not store your credit card number. Furthermore, all of the customer data
we collect is protected against unauthorized access by physical security means.
We also encourage our partners and service providers to adopt and follow
stringent consumer privacy policies.
- Cookies.
Like many other commercial websites, our Websites utilize standard technologies
called "cookies" to collect information about how each of our Websites is used.
A cookie is a small data text file, which a website stores on your computer's
hard drive (if your web browser permits) that can later be retrieved to identify
you to us. Cookies were designed to help a website recognize a user's browser as
a previous visitor and thus save and remember any preferences that may have been
set while the user was browsing the site. A cookie cannot be read by a website
other than the one that set the cookie. Cookies can securely store a customer's
password, personalize home pages, identify which parts of a site have been
visited or keep track of selections, such as those selected in a "shopping
cart." For instance, cookies allow us to pre-populate (or fill in) an e-mail
field with your e-mail address if you revisit one of our Websites and place an
order. A cookie cannot retrieve any other data from your hard drive, pass on a
computer virus, or capture your e-mail address.
We send a cookie to your hard drive when you make an order to record the product
name, category of product that you ordered, the amount paid, the order number
and any referral codes. No Personally Identifiable Information is recorded. When
you click through to any one of our Websites from a promotional e-mail, our
third-party advertising service partner may send a cookie to your hard drive
recording your IP address and other related information.
- Children, parental consent and privacy.
The Children's Online Privacy Protection Act took effect on April 21, 2000, and
imposes certain requirements on websites directed toward children under 13 that
collect information on those children, or on websites that know they are
collecting Personally Identifiable Information from children under the age of
13. We want to let you know that it is our policy not to collect Personally
Identifiable Information from any person under 13 because children are not
permitted to use the Websites or services on the Websites, and we request that
children under the age of 13 not submit any personal information to us via the
Websites. As one measure to ensure that we do not gather Personally Identifiable
Information from children, we require that all individuals provide a valid
credit card number before completing a purchase order. If we learn that we have
inadvertently gathered Personally Identifiable Information from children under
13, we shall attempt to notify such child's parent or guardian and erase such
information from our records, unless the child's parent or guardian consents to
our maintaining such information.
THIRD PARTY WEBSITES
You should carefully review privacy policies of any third-party websites
accessible from any of our Websites and any co-branded websites which are not
covered by this Policy.
Other websites accessible through any of our Websites have their own privacy
policies and data collection, use and disclosure practices. Please consult each
site's privacy policy. We are not responsible for the policies or practices of
third parties. Please be aware that our Websites may contain links to other
websites on the Internet that are owned and operated by third parties. The
information practices of those websites linked to our Websites are not covered
by this Policy. These other websites may send their own cookies or clear GIFs to
users, collect data or solicit Personally Identifiable Information.
Additionally, other companies which place advertising on our Websites may
collect information about you when you view or click on their advertising
through the use of cookies or clear GIFs. We cannot control this collection of
information. You should contact these advertisers directly if you have any
questions about their use of the information that they collect.
We also may have co-branded websites that are maintained by us in connection
with one or more of our third-party business partners but which do not contain
this Policy or a link to this Policy. When you submit information to one of
these co-branded websites you may be submitting it to both Provide Commerce and
our third-party business partners or just to our third-party business partner.
Note that these co-branded websites may contain, or link to, privacy policies
that contain terms and conditions different than those contained in this Policy.
Again, this Policy only pertains to the information Provide Commerce collects
and we are not responsible for the privacy policies or practices of our business
partners. We encourage you to read the privacy policies of those co-branded
websites so that you will always know what information we gather and what
information is gathered by our third-party business partner, how each of us
might use that information, to whom each of us will disclose it and what choices
you have.
We also use third-party advertising companies to serve ads when you visit our
website. These companies may use information (not including your name, address,
e-mail address, or telephone number) about your visits to this and other
websites in order to provide advertisements about goods and services of interest
to you. If you would like more information about this practice and to know your
choices about not having this information used by these companies, or to
opt-out, click here.
MEMBER ACCOUNT, PASSWORD AND SECURITY:
In order to become a member of Kim's Club®, the premium content subscription
based element of www.komando.com, you must fully complete the registration
process by providing complete and accurate information as required within the
online registration form. After you have fully completed the registration form,
you will then choose a password and a member name. The combination of your
e-mail address and user name you enter at the time of registration form a unique
identifier for your account. If Kim's Club® does not recognize you from a
previous sign in, you will be asked to enter the e-mail address that we have on
file to help us locate your account. It is your responsibility to maintain the
confidentiality of your password and account. You are solely responsible for any
and all activities that occur under your account. You agree to notify Kim's
Club® immediately of any unauthorized use of your account. Kim's Club® is not
liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge.
In connection with your paid membership, you hereby agree that Kim's Club® has
the right to e-mail your first renewal notice to the e-mail address that you
provided and we have on file for your membership account, and you consent to
receive this e-mail renewal notice. After receipt of this first e-mail renewal
notice, you will be given the opportunity to Opt Out from receiving any future
e-mail renewal notices for the remainder of the term of that membership period
to Kim's Club®.
SERVICE CONTACT:
You may e-mail your requests for customer service to us
here, or you may call
our Customer Service Center at 602-381-8200, from 8AM to 5PM Mountain Time,
Monday through Friday.
LIABILITY DISCLAIMER:
THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN OUR WEBSITES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR
ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE
AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL
INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, ANY MATERIAL OR DATA SENT OR
RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR
WEBSITES. YOU SPECIFICALLY AGREE THAT OUR COMPANY AND /OR OUR WEBSITES ARE NOT
RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN OUR WEBSITES BY ANY
THIRD PARTY. YOU FURTHER AGREE THAT THE COMPANY AND/OR AND/OR ITS RESPECTIVE
LICENSORS, AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO OUR
WEBSITES AND/OR MAY DISCONTINUE ANY PART OF OUR WEBSITES AT ANY TIME.
IN NO EVENT SHALL TE COMPANY AND/OR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES
AND SUPPLIERS BE LIABLE FOR ANY HACKING OR HACKING ATTEMPTS DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR UNAUTHORIZED ACCESS TO OR ALTERATION
OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA,
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF OUR WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITES, OR OTHERWISE
ARISING OUT OF THE USE OF OUR WEBSITES, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PREMIERE RADIO NETWORKS OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS
HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN THE COMPANY’S TOTAL AND
MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO YOUR MEMBERSHIP
FEE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF KIM'S CLUB, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING KIM'S
CLUB AND HAVE RETURNED TO YOU THE UNUSED PRO-RATA PORTION OF YOUR MEMBERSHIP FEE
ON A 52-WEEK PRO-RATED BASIS.
MODIFICATION OF THESE TERMS OF USE:
Our Websites may, from time to time, change the terms and conditions governing
this Web site. It is therefore important that you regularly review these terms
and conditions to learn of any changes which may govern your use of this Web
site. Your continued use of Kim's Club constitutes your continued agreement to
all such terms and conditions and/or changes hereto.
GENERAL:
All issues and questions concerning Policy shall be governed in accordance with,
and under the laws of, the State of Arizona or applicable United States Federal
Law, without giving effect to any choice of law or conflict of law, rules or
provisions (whether of the State of Arizona or any other jurisdiction), that
could or would cause the application of the laws of any jurisdiction other than
the State of Arizona.
Should any litigation arise out of the operation of this Policy, you hereby
specifically agree and concede that the court which shall have first
jurisdiction in any legal matters pertaining to this Policy shall be a court of
appropriate jurisdiction which shall be located within Maricopa County, Arizona,
USA.
You further specifically agree that any and all claims and/or causes of action
which could or shall arise out of, or in connection with this Policy shall be
resolved individually, without resort to any form of class action, and that any
and all claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred, but in no event shall such damages include attorneys’ fees. You
(or parent/legal guardian if user is a minor) hereby waives all rights to
punitive, incidental, consequential, or any other damages other than actual
out-of-pocket expenses. You (or parent/legal guardian if user is a minor) shall
not claim or receive any damages subject to being multiplied or otherwise
increased.
In the event that any rule or any provision of this Policy is, or shall be found
to be in conflict with any state, municipality or government statute, law,
ordinance, code or rule, then that Policy rule (or rules) shall be deemed
changed as necessary to conform to all laws, statues and/or governmental
regulations and the like, if possible. In the event that any provision of this
Policy shall be found to be invalid or in conflict with any state, municipality
or government jurisdiction, neither the validity or enforceability of any other
portion of aspect of this Policy shall be affected in any way whatsoever and the
reminder shall remain in full force and effect until cancelled, modified or
replaced by the Company.
From time to time the Company may offer certain prize giveaways, contest and
sweepstakes. All prize winners in our giveaways, contest and sweepstakes
specifically agree to the use by the Company, prize suppliers and/or our
sponsors, of your name and photograph in the prize winners' lists and for other
promotional purposes to be determined by the Company. Your photograph, full
name, city and state of residence, local radio station information, face, voice
and/or likeness may be used on the air, in print or in electronic publication as
we deem appropriate and in entering and /or accepting any prize, you hereby
grant us the right to do so without further notice to you. Information such as
your telephone number and street address and/or email address will not be made
public. Winners further specifically agree that use by the Company, prize
suppliers and/or sponsors of their name, voice, face or likeness or use of their
descriptions in any way and through any means now known or later devised, shall
not be deemed a violation of their privacy or individual intellectual property
rights or any other rights. The validity and operation of this rule shall
continue past the duration of any and all prize giveaways, contest and
sweepstakes and shall survive (and winners agree to be bound by this rule) in
perpetuity.
The specific rules, terms and conditions regarding any giveaways, contest and
sweepstakes are governed by separate rules which shall be established for that
particular event. However, the privacy policy for any and all giveaways, contest
and sweepstakes shall be governed by this Policy, unless specifically noted
otherwise in the specific contest rules.
COPYRIGHT AND TRADEMARK NOTICE:
The Kim Komando Show® and all material pertaining thereto is a Registered
Trademark / Servicemark: No. 2281044. Any and all other material herein is
protected by Copyright © 1995 — 2009 WestStar TalkRadio Network, 2711 N. 24th
Street, Phoenix, Arizona 85008. All rights reserved.
TRADEMARKS:
The Kim Komando Show – Digital Goddess – Kim Komando – WestStar TalkRadio
Network, are either trademarks or registered trademarks of WestStar TalkRadio
Network or its affiliated companies.
Any rights not granted herein are reserved to and by WestStar TalkRadio Network.
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