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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.

YOUR E-MAIL ADDRESS AND SUBSCRIPTION TO KIM'S NEWSLETTERS:

Kim's newsletters come with her 100 percent spam-free guarantee. Your e-mail address will never be sold, swapped, rented or loaned to anyone, ever.

When you subscribe to Kim's 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.

Kim's newsletters are also 100 percent Can-Spam compliant. You may opt-out 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.

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 seven days a week.

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 © 1995-2008 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: 7/24/2008