The following rules ("Terms and Conditions") govern the use of the website
located at, or linked to, the URL
store.komando.com and the services, information, and content that may be
offered on such site (the "Site"); Affiliate Program(s) and corporate accounts;
the ability to order products and receive newsletters and promotional emails;
and any related links. Please read the following Terms and Conditions carefully.
If we maintain any co-branded websites with one or more of our business partners
(which website contains a link to these Terms and Conditions), then such
co-branded websites are also governed by these Terms and Conditions.
By using our Site, you understand and expressly agree to be legally bound by
these Terms and Conditions and our Privacy Policy and to follow these Terms and Conditions and all applicable
laws and regulations governing our Site. The Terms and Conditions shall
supersede any subsequent terms or conditions included with any purchase order,
whether or not such terms or conditions are signed by WestStar Merchandising,
Inc. dba The Kim Komando Store ("KimKomando," "we" or "us"). We reserve
the right to change these Terms and Conditions at any time, effective
immediately upon posting on our Site. If you violate these Terms and Conditions,
we may, without notice, terminate your use of the Site, bar you from future use
of the Site, cancel pending orders, and/or take appropriate legal action against
you.
You may print a copy of these Terms and Conditions using the print feature in
your browser. We suggest retaining a copy for your future reference. It is your
responsibility to periodically visit the "Terms and Conditions" link at the
bottom of our home page to review the most current version of the Terms and
Conditions. You may use your browser to print copies of any updated Terms and
Conditions.
We post legal notices (e.g., copyright and trademark notices and markings) and
various credits on pages of our Site. If you duplicate, publish or otherwise
distribute material on our Site, you may not remove these notices or credits or
any additional information accompanying such notices and credits.
The absence of a trademark, trade name or service mark does not constitute a
waiver of our intellectual property rights concerning that trademark, trade name
or service mark. All custom graphics, icons, logos and words listed above are
trade names, trademarks or service marks of The Kim Komando Store in the United
States and/or other countries. All other trade names, trademarks or service
marks are property of their respective owners. The use of any of our trade
names, trademarks or service marks without our express written consent is
strictly prohibited. In order to maintain the value of these marks, it is
important that they are used correctly. If you have any questions, you may
contact us by calling us or by sending an e-mail through the following link:
click here.
Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of
pages of the Site for your own personal use, and that you shall not duplicate,
download, publish, modify or otherwise distribute the material on the Site for
any purpose other than for personal use, unless otherwise specifically
authorized by us to do so. You also agree not to deep-link to the site for any
purpose, unless specifically authorized by us to do so. The content and software
on the Site are the property of The Kim Komando Store and is protected by U.S.
and international copyright laws.
Copyright Policy
We may terminate the privileges of any user who uses the Site unlawfully to
transmit copyrighted material without a license, express consent, valid defense
or fair use exemption to do so. If you submit information to the Site, you
warrant that the information does not infringe the copyrights or other rights of
third parties.
Your Representations
By visiting the Site, you represent, warrant and covenant that (a) you are at
least 18 years old; (b) that you are a resident of the United States; and (c)
that all materials of any kind submitted by you through the Site or for
inclusion on the Site will not plagiarize, violate or infringe upon the rights
of any third-party including trade secret, copyright, trademark, trade dress,
privacy, patent, publicity, or other personal or proprietary rights, nor contain
inappropriate, offensive, harassing, or other unacceptable material.
Accounts
During the registration process you will be asked to select a unique password
for access to certain portions of the Site. You are responsible for maintaining
the confidentiality of your password and account, and are fully responsible for
all activities that occur under the password. By logging into the Site, you
represent and warrant that: (i) you are the customer who registered for use of
the Site; (ii) that you are using the Site only for permitted purposes; (iii)
you are not a competitor of The Kim Komando Store, or agent thereof; (iv) you
will immediately notify us of any unauthorized use of the password or account or
any other breach of security; and (v) you will ensure that you exit from your
account at the end of each session. Please notify us by calling us or by sending
an email through the following link:
click here of any potential unauthorized
use(s) of your account, or breach of security.
You also represent and warrant that: (i) you will not select or utilize a user
name of another person with intent to impersonate that person; (ii) you will not
select or utilize a user name in which another person has rights, if you do not
have that person's authorization to use such name; and (iii) you will not select
or utilize a user name that The Kim Komando Store in its sole discretion deems
offensive.
Errors
In the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, we shall have the right to refuse or
cancel any orders placed for products listed at the incorrect price. We shall
have the right to refuse or cancel any such orders whether or not the order has
been confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled, we shall immediately
issue a credit to your credit card account in the amount of the charge.
Please note that the colors of items and products may depend on your monitor and
may not be correctly displayed.
The availability of products and other items on the Site may change at any time,
without notice.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of our
offer to sell. We reserve the right at any time after receipt of your order to
accept or decline your order for any reason. We reserve the right at any time
after receipt of your order, without prior notice to you, to supply less than
the quantity you ordered of any item. We may require additional verifications or
information before accepting any order.
Sales Taxes
We will automatically charge and withhold the applicable sales tax for orders to
be delivered to addresses within Arizona and certain other select states. Each
customer shall be solely responsible for all sales taxes, or other taxes, on
orders shipped to any other state.
Special Offers
Please read the official rules that accompany each special offer, coupon,
discount, contest and sweepstakes that we may offer or conduct.
Links and Searches
Our Site may link to other sites operated by third parties. We have no control
over other sites or their content and cannot guarantee, represent or warrant
that the content of these sites is accurate, legal and/or inoffensive. We do not
endorse the content of other sites, and cannot warrant that these sites do not
contain viruses or other features that may adversely affect your computer. By
using our Site to search for or link to another third party site, you agree and
understand that you may not make any claim against us for any damages or losses
resulting from your use of our Site to obtain search results and/or to link to a
third party site. However, if you have a problem with a link from our Site,
please notify us or send an email through the following link:
click here. We
will investigate the link and take appropriate action.
Violations
By using our Site, you understand and agree that we, at our sole discretion and
without prior notice, may terminate your access to our Site and to any services
offered on our Site, and may remove any communications, reviews, comments,
feedback, postings, materials, or other content on our Site you provide to us in
connection with the Site ("User Content") if we believe, in our sole discretion,
that the User Content violates or is inconsistent with these Terms and
Conditions or their intent, that your conduct is disruptive, or you have
violated the law or the rights of The Kim Komando Store or another user.
License Granted by You
By providing User Content to us, which includes submitting or uploading content
or materials for use on the Site, you represent and warrant that you or the
owner of all rights to such content or materials has expressly granted us an
irrevocable, perpetual, royalty-free, fully paid-up, worldwide license in all
languages to use and exploit all or any part of the User Content. Subject to our
Privacy Policy, we may copy, sell, license, modify, publish, publicly perform,
and distribute all or any portion of the User Content at our sole discretion by
any method now existing or later developed. You agree that you shall waive all
claims and have no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary rights in any User Content. Any User Content
will be treated as non-confidential and non-proprietary and may be disseminated
or used by us for any purpose, including, but not limited to, developing,
creating, manufacturing or marketing products or services.
Compliance
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our Site and your purchase of products or
services through our Site. We may, in our sole discretion, report actual or
perceived violations of law to law enforcement or appropriate authorities. If we
become aware, through a complaint or otherwise, of any potential or suspected
violation of these Terms and Conditions or our privacy policy ("Privacy
Policy"), we may (but are not obligated to) conduct an investigation to
determine the nature and extent of the suspected violation and the appropriate
enforcement action, during which investigation we may suspend services to any
customer being investigated and/or remove any material from our servers. You
agree to cooperate fully with any such investigation. You acknowledge that
violations of the Terms and Conditions or the Privacy Policy could be subject to
criminal or civil penalties.
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.
Kim's Club
To discontinue your Kim's Club membership, login to your account,
https://store.komando.com/account.aspx, and click the link to Stop
Future Billing.
You may also discontinue your membership by phone or Postal Mail. Sorry, we cannot accept termination requests via e-mail. Call our Customer Service
number at 1-800-KOMANDO from 8:00 a.m. to 5:00 p.m. Mountain Time, Monday through
Friday, or by contact us via Postal Mail:
Kim's Club
The Kim Komando Store
2711 N. 24th Street
Phoenix, AZ 85008
We will refund 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.
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. Once 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 renewal notices to the e-mail address
that you provided and we have on file for your membership account, and you consent to receive these e-mail renewal notices.
After receipt of e-mail renewal notices, 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.
As a condition of your use of Kim's Club, you hereby agree that you will not, in way whatsoever, 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 or operation 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, without notice, if you fail to comply with
any provisions of these terms and conditions.
Privacy
We respect and make efforts to protect the privacy of all users of our Site. Our
current Privacy Policy available at http://store.komando.com/t-privacy.aspx is
incorporated herein by reference and made a part of the Terms and Conditions.
DMCA Policy
If you are notifying The Kim Komando Store of alleged copyright infringement,
please be sure to provide the following information in the form required by 17
USC Section 512:
1. A description of the copyrighted work that you allege is being infringed, or,
if multiple copyrighted covered by a single notification, a representative list
of such works;
2. A description of the allegedly infringing material and information sufficient
to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and/or an electronic mail address;
4. A statement by you that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, or its
agent, or the law; and
5. A statement by you that the information in the notification is accurate and that
you have the authority to enforce the copyrights that are claimed to be
infringed.
Send to: S. Gustafson
The Kim Komando Store
2711 North 24th Street
Phoenix, AZ 85008
(602) 381-8200
Comments & Feedback
We welcome all comments, feedback, information, or materials ("Feedback"), which
you submit to us by e-mail or otherwise through or in conjunction with our Site.
Please note that Feedback shall be considered non-confidential and become the
property of The Kim Komando Store. By submitting Feedback to us, you agree to a
no charge assignment to us of all right, title and interest in copyrights and
other intellectual property rights on a worldwide basis to the Feedback. We
shall be free to use Feedback on an unrestricted basis.
Restrictions
You must be 18 years or older and have a valid credit card, with full authority
to use it, to submit an order through our Site. You agree not to use our Site or
any content contained in it for any illegal or inappropriate activities.
Shipping & Delivery
The Kim Komando Store, in conjunction with our service providers, will attempt
to deliver a product on the requested day. Our service providers do not
telephone prior to delivering packages, and we cannot guarantee the time of
delivery.
The Kim Komando Store is not responsible for:
• Products and items delivered to incorrect addresses supplied by the sender.
• Unsuccessful deliveries arising from the recipient not being present at time
of delivery at the address supplied by the sender.
• Decreased product quality due to an incorrect delivery address supplied by the
sender, or a re-route requested by the sender.
• Product quality problems caused by improper handling by the recipient.
Free shipping offers are valid only on weekday deliveries to addresses within
the Continental United States.
Orders
The Kim Komando Store does not allow orders to be edited or cancelled within
forty-eight (48) hours of the requested delivery date, or within the seven (7)
days prior to Thanksgiving, Christmas, Valentine's Day or Mother's Day, because
of our extremely high volume of orders during these times.
Special offers, coupons, or discounts cannot be used in conjunction with other
offers. Limit one promotion per order.
Open Box 30-Day Limited Refund Only Return Policy
• Return for refund within 30 days (Limited - Please read
below).
• Cannot be returned for replacement.
Products that state "This item is covered by our
30-Day Limited Refund Only Return Policy," or items labeled as
“Non-Replaceable” (or similar labeling) must be returned to us within 30 days of
the invoice date for this policy to apply. Products covered by this return
policy may only be returned for a refund. “Return” constitutes receipt of the
product by us, and not the mere issuance of an RMA.
This is our complete Open Box 30-Day Limited Refund Only
Return Policy:
We sometimes sell items that are listed as " Open
Box." Because these items are sold at greatly reduced prices, they are
subject to a 30-Day Limited Refund Only Return policy. Open Box items can only
be returned within 30 days of the applicable invoice date and only if the Open
Box item is defective. “Return” constitutes receipt of the product by us, and
not the mere issuance of an RMA. We cannot provide replacement service for
these items, as their stock is limited. The entire risk as to the quality and
performance of these items is with the buyer. These items have been tested by
us for their functionality, but may have very minor superficial physical
defects including, but not limited to, scratches, dings or dents. Should these
items exhibit a functional defect following their purchase, the buyer (not the
manufacturer, distributor, or us) assumes the entire cost of all necessary
servicing or repairs, unless otherwise required by law. These items are not
covered by any 30-day satisfaction guarantee.
If you purchase an Open Box product we guarantee only
that you will receive the product itself; accessories MAY OR MAY NOT BE
INCLUDED with Open Box products. We cannot send you any missing accessory, even
if the missing accessory is required in order to properly make use of all the
product’s advertised functions.
Guarantee & Disclaimers
THE KIM KOMANDO STORE GUARANTEES THAT YOU WILL BE COMPLETELY SATISFIED WITH ANY
PRODUCTS ORDERED ON THE STORE.KOMANDO.COM SITE. WITH RESPECT TO OUR GUARANTEE,
OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL
NOT BE MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER
EQUIVALENT PRODUCT ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. THE
APPLICABLE GUARANTEE MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY OR
WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS
REGARDING SUCH PRODUCT ITEMS.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION
AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITE MAY BE OUT OF DATE OR
INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS
THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE
OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT
THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON THEM WILL PROVIDE ANY
SPECIFIC RESULTS.
EXCEPT FOR THE GUARANTEE PROVIDED ABOVE IN THIS SECTION, WE EXPRESSLY DISCLAIM
ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND
WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, OUR SITE'S USE, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND TITLE/NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. You may have other rights which vary from
jurisdiction to jurisdiction.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, WESTSTAR MERCHANDISING,
ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND
SUPPLIERS SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE
OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF
LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE
AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE,
INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT,
RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER
HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE
OF, THE POSSIBILITY OF SUCH DAMAGES.
Because some states/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation may not
apply to you.
Advertising
The Site may contain advertisements and/or sponsorships. The advertisers and/or
sponsors that provide these advertisements and sponsorships are solely
responsible for insuring that the materials submitted for inclusion on the Site
are accurate and comply with all applicable laws. We are not responsible for the
acts or omissions of any advertiser or sponsor.
Parties other than The Kim Komando Store and its subsidiaries may operate
stores, provide services, or sell product lines on this Site. In addition, we
provide links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not warrant the
offerings of, any of these businesses or individuals or the content of their
Websites. The Kim Komando Store does not assume any responsibility or liability
for the actions, product, and content of all these and any other third parties.
You should carefully review their privacy statements and other terms and
conditions of use.
Applicable Law
You agree that any legal action brought against us shall be governed by the laws
of the State of Arizona, without regard to conflict of law principles. You agree
that the sole jurisdiction and venue for any litigation arising from your use of
or orders made on our Site shall be an appropriate federal or state court
located in Maricopa County, Arizona. We make no representations that the content
in our Site is appropriate for access outside the United States. Those who
choose to access our Site from outside the United States do so on their own
initiative and are responsible for compliance with local laws. If any provision
within the Terms and Conditions is held to be invalid or unenforceable, such
provision shall be struck and all remaining provisions shall be enforced.
Indemnity
By using our Site, you agree to indemnify and hold WestStar Merchandising, Inc.,
The Kim Komando Store, its subsidiaries, affiliates, officers, agents and other
partners and employees, harmless from any loss, liability, claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your use of such Site, including providing a link to another site or any
User Content.
Severability
If any provision of the Terms and Conditions is held to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full
force and effect.
Disputes
Any dispute relating in any way to your visit to The Kim Komando Store or to
products you purchase through this Site shall be submitted to confidential
arbitration in Phoenix, Arizona, except that, to the extent you have in any
manner violated or threatened to violate The Kim Komando Store's intellectual
property rights, The Kim Komando Store may seek injunctive or other appropriate
relief in any state or federal court in the state of California, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms and
Conditions shall be joined to an arbitration involving any other party subject
to these Terms and Conditions, whether through class arbitration proceedings or
otherwise.
Headings
Section titles in the Terms and Conditions are for convenience and do not
define, limit, or extend any provision of the Terms and Conditions.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at
(602) 381-8200 or by sending an email through the following link:
click here, or
by writing us at:
S. Gustafson
The Kim Komando Store
2711 North 24th Street
Phoenix, AZ 85008
