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Privacy and Security:
We are committed to protecting the privacy and security of the users of our sites.
By using any part or area of Kim’s Club and/or Komando.com, you agree to all of the following terms and conditions of use.
PERSONAL AND NON-COMMERCIAL USE:
KIM’S
CLUB is for your personal and non-commercial use only. You may not
reproduce or copy, change or modify, distribute, transmit, display,
perform or publish, license or create any type of derivative works
from, transfer, give or sell any of the information, software or
products which you may or which may be obtained from KIM’S CLUB without
our prior written consent which, at our sole discretion, may or may not
be given. All inquires must be submitted in writing to: WestStar
TalkRadio Network, Rights and Permissions, 2711 N. 24th Street,
Phoenix, Arizona 85008. No phone calls will be accepted or acknowledged.
MEMBER ACCOUNT, PASSWORD AND SECURITY:
In
order to become a member of KIM’S CLUB, 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 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.
RESTRICTIONS ON USE:
As
a condition of your use of KIM’S CLUB, you hereby agree that you will
not use, nor will you allow to be used, KIM’S CLUB for any purpose that
is unlawful or is otherwise prohibited by these terms, conditions and
notices. You may not use the KIM’S CLUB in any manner which could
damage, disable, overburden or impair any area of the Web site or
otherwise interfere with any other party's full use and enjoyment of
KIM’S CLUB Web site. You may not attempt to gain unauthorized access to
KIM’S CLUB , any related Web site, other accounts, computer systems or
networks connected to KIM’S CLUB, through hacking, password mining or
any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available to
all registered users through KIM’S CLUB. Your access to KIM’S CLUB may
be terminated immediately, with or without notice, if you fail to
comply with any provisions of these terms and conditions.
LINKS TO THIRD-PARTY SITES:
KIM’S
CLUB contains links to third-party Web sites. These linked sites are
not under the control of KIM’S CLUB. We have no responsibility and
hereby expressly disclaim any liability, ownership and/or copyrights to
or for the contents of any linked site herein.
SUBMISSIONS:
KIM’S
CLUB will not accept, review or consider any unsolicited submissions.
Any submissions to KIM’S CLUB shall become the property of WestStar
TalkRadio Network. No submission will be subject to any reimbursement
or any other type payment by us.
SERVICE CONTACT:
You
may e-mail your requests for customer service to us here, or you may
call our Customer Service Center at 1-800-KOMANDO, from 8AM to 5PM
eastern time Monday through Friday.
CANCELLATION:
You
may cancel your membership to KIM’S CLUB by calling Customer Service
number at 1-800-KOMANDO from 8AM to 5PM eastern time seven days a week,
or writing KIM’S CLUB, WestStar TalkRadio Network, 2711 N. 24th Street,
Phoenix, Arizona 85008. We will return the unused portion of your KIM’S
CLUB membership fee on a 52-week pro-rated basis within ninety days
(90) days of your having cancelled of your membership.
KIM’S
CLUB reserves the right to terminate your access to KIM’S CLUB or any
portion thereof for any reason, at any time, without notice. Upon such
termination, KIM’S CLUB shall return the unused pro-rata portion of
your KIM’S CLUB membership fee on a 52-week pro-rated basis to you
within ninety (90) days of the termination of your access to KIM’S CLUB.
SOFTWARE AVAILABLE THROUGH KIM’S CLUB
All
software that is made available to view and/or download in connection
with KIM’S CLUB, ("Software") is owned or controlled by WestStar
TalkRadio Network and/or its licensors, affiliates and suppliers and is
protected by copyright laws and international treaty provisions. Your
use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software,
and WestStar TalkRadio Networks accepts no responsibility or liability
in connection with any Software owned or controlled by third parties.
LIABILITY DISCLAIMER:
WESTSTAR
TALKRADIO NETWORK 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 KIM’S CLUB FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WESTSTAR TALKRADIO
NETWORK 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 WESTSTAR TALKRADIO NETWORK 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 KIM’S CLUB. YOU SPECIFICALLY AGREE
THAT KIM’S CLUB IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN KIM’S CLUB BY ANY THIRD PARTY. YOU FURTHER AGREE THAT
WESTSTAR TALKRADIO NETWORK AND/OR AND/OR ITS RESPECTIVE LICENSORS,
AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO KIM’S
CLUB AND/OR MAY DISCONTINUE ANY PART OF KIM’S CLUB AT ANY TIME.
IN
NO EVENT SHALL WESTSTAR TALKRADIO NETWORK AND/OR AND/OR ITS RESPECTIVE
LICENSORS, AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY 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 KIM’S CLUB, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH KIM’S CLUB, OR OTHERWISE
ARISING OUT OF THE USE OF KIM’S CLUB, 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 WESTSTAR TALKRADIO NETWORK’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:
KIM’S
CLUB 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:
These
terms and conditions are governed by the laws of the State of Arizona,
without respect to its conflict of laws principles. Jurisdiction for
any claims arising under this agreement shall lie exclusively with the
state or federal courts within Maricopa County County, Arizona. The
U.N. Convention of Contracts for the International Sale of Goods is
expressly excluded from any interpretation of this Agreement. If any
provision of these terms and conditions are found to be invalid by any
court having competent jurisdiction, then the invalidity of such
provision shall not affect the validity of the remaining provisions of
these terms and conditions, which shall remain in full force and
effect. No waiver of any term of these terms and conditions shall be
deemed a further or continuing waiver of such term or any other term.
These terms and conditions constitute the entire agreement between you
and the WestStar TalkRadio Network with respect to the use of KIM’S
CLUB. No changes to these terms and conditions shall be made except by
a revised posting on this Web page, and these terms and conditions may
not be modified by any advertisements of WestStar TalkRadio Network or
oral or written communications by WestStar TalkRadio Network, except
for a written communication from an authorized officer of WestStar
TalkRadio Network.
COPYRIGHT AND TRADEMARK NOTICE:
All
contents of KIM’S CLUB and Komando.com are: Copyright (c) 2006 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.
Last modified on: 10/25/2006
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Copyright © 1995-2009 WestStar TalkRadio Network. All Rights Reserved.
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