Terms and Conditions

Terms and Conditions of Use

The following rules ("Terms and Conditions") govern the use of the Websites located at, or linked to, the URLs www.komando.com or shop.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.

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., © 2016, 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 atyourservice@komando.com. 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.

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

Signing Up

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 screen name. 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. All membership benefits are subject to availability. 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.

Changing Kim's Club Membership plan

When changing your Kim's Club membership plan, be sure to sign in to your membership account at Komando.com to assure the membership update occurs on your current account. Then visit your "Account" page and select "Update".

Kim's Club 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.

 

Kim's Club Billing Cancellation

To discontinue your Kim's Club membership billing you must contact our Customer Service Reps at 1-800-KOMANDO (566-2636) from 8 a.m. to 5 p.m. Mountain Standard Time, Monday through Friday excluding holidays. 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. Sorry, we cannot accept Kim’s Club cancellation requests via email.

You may also discontinue your membership by mail using the address below:

Kim's Club
c/o: Kim's Shop Customer Service
6135 N 7th St
Phoenix AZ 85014

Requests for a cancellation made by Postal Mail must reach us at least 5 business days before your next renewal date.

When making Kim's Club cancellation requests, please be sure to provide us with the following information as they appear on the account:
· Full name
· Address
· Telephone number
· Email address associated with the account (even if it is no longer an active email address)

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.

Privacy

We respect and make efforts to protect the privacy of all users of our Site. Our current Privacy Policy available at https://www.komando.com/privacy-policy 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:

WestStar TalkRadio Network
Terms and Conditions Administrator
6135 N 7th Street
Phoenix, AZ 85014
(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.

Komando Shop

ORDERS

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. You will not be charged for items that are ordered, but not shipped. We may require additional verification or information before accepting any order.

Special Offers

Special offers, coupons or discounts cannot be used in conjunction with other offers. Limit one promotion per order. 

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.

Sales Taxes

Sales tax will be charged where applicable by law. 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.

Products

The availability and pricing of products and other items on the site may change at any time, without notice.

Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

Inventory Availability

Although we do our best to communicate our inventory availability during your shopping experience, there may be some instances where, as the order is being processed, we may need to adjust the status of your order. On rare occasions, we may need to cancel an item from your order if it has been discontinued or we have no inventory in stock to ship. You will be notified if an item you ordered has become out of stock. We apologize for any inconvenience this may cause you.

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 HYPERLINKED 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:

WestStar TalkRadio Network
Terms and Conditions Administrator
6135 N 7th St
Phoenix AZ 85014