The following rules ("Terms and Conditions") govern the use of the Websites located at, or linked to, the URLs www.komando.com or 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.
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.
Intellectual Property Rights
Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of WestStar Merchandising, Inc., © 2011, ALL RIGHTS RESERVED. All audio and video clips are the sole property of WestStar Merchandising, Inc. or our respective content providers. The content and software on our Site is the property of WestStar Merchandising, Inc. and/or its suppliers and is protected by U.S. and international copyright and other intellectual property laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at firstname.lastname@example.org. All rights not expressly granted herein are reserved.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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 screenname. The combination of your email address and password 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 email 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.
As a condition of your use of Kim's Club, you hereby agree that you will not, in any 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 and without a refund of any unused portion of your account, if you fail to comply with any provisions of these terms and conditions.
Upgrading Kim’s Club Membership
When upgrading or changing your Kim’s Club membership payment frequency, you are responsible for stopping the future billing on your current term at least 5 days before your next scheduled automatic renewal date so that it will not auto-renew along with your new membership term. Any overlapped charges incurred from failing to stop the future billing in terms you do not wish to continue cannot be refunded.
You may contact us by phone or Postal Mail to make a request to stop the future billing on any active Kim’s Club term. See the section on Discontinuing Kim’s Club Membership below for information on how to contact us and make this request.
Discontinuing Kim’s Club Membership
Club Komando purchases and renewals are non-refundable. Any cancellation request must be made at least 5 business days before your next scheduled auto-renewal date to avoid an automatic renewal charge. Renewal charges cannot be refunded.
Online, Self Service Kim’s Club Billing Cancellation
To discontinue your Kim's Club membership billing yourself, login to your account on Kim’s Store here:https://store.komando.com/account.aspx. Click the link to Stop Future Billing at least 5 days prior to your next scheduled renewal date. Charges for renewals begin pending the day before your scheduled renewal date. Any pending charges for renewals that are already in process cannot be refunded.
You may also discontinue your membership by phone or postal mail. Sorry, we cannot accept termination requests via email. Call our Customer Service number at 1-800-KOMANDO from 8:00 a.m. to 5:00 p.m. Mountain Standard Time, Monday through Friday, or contact us via postal mail using the address below:
c/o: Kim’s Store Customer Service
2711 N. 24th Street
Phoenix, AZ 85008
Requests for a cancellation made by Postal Mail must reach us at least 5 days before your next scheduled automatic renewal date.
When making Kim’s Club cancellation requests, please be sure to provide us with your:
· Full name (as it appears on your account)
· Telephone number
· The email address associated with your Club Komando account (even if it is no longer an active email address)
Providing us with any other identifying information such as your Kim’s Store Customer ID and order number is also helpful. If we are unable to locate your account because you have not kept your profile up-to-date or the information you provided is not the same as what is reflected on your account, you may be contacted for additional identifying data to help us complete your cancellation request. Delays in locating your account due to the lack of this information may result in automatic renewals while your cancellation request is in process. Renewals which occur during the cancellation request period cannot be refunded.
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.
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.
WestStar TalkRadio Network
Terms and Conditions Administrator
2711 North 24th Street
Phoenix, AZ 85008
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.
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.
Our goal is to pack and ship your order as quickly as possible; therefore, changes to your order can only be made by contacting us within three hours after your order has been submitted. To change or cancel an order you must call 1-800-KOMANDO (1-800-566-2636), Monday through Friday 8:00am-5:00pm MST. Outside of regular business hours please leave a voice mail message and include your full name, order number and the changes you would like to make. Orders cannot be cancelled or changed once they have been shipped.
Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
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.
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.
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.
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.
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.
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.
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:
WestStar TalkRadio Network
Terms and Conditions Administrator
2711 North 24th Street
Phoenix, AZ 85008