November 14, 2007

This website is owned or managed by WestStar TalkRadio Networks, a division of WestStar Digital Audio Services, Inc. (“WestStarâ€). By using any part of The Kim Komando Show® or any area of KIM’S CLUB®   and/or Komando.com®, you agree to all of the following terms and conditions of use.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION:

Please see the Privacy Statement for our policies with regard to your privacy and personal information.

PERSONAL AND NON-COMMERCIAL USE:

KIM’S CLUB® and Komando.com® are provided for your personal and non-commercial use only and the user there of is subject to your compliance with this Terms of Use (“Agreementâ€). Please read this Agreement carefully before using this website or any part thereof. Your use of this Clear Channel Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of all parts of this website. Other than for your personal use, 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. IF YOU WISH TO REPRINT OR RE-DISTRIBUTE ANYTHING WITHIN THIS WEB SITE, PLEASE USE THE REPRINT REQUEST FORM.  All other 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.

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. 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®.

RESTRICTIONS ON USE:

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.

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.

Any and all materials submitted to KIM’S CLUB®, especially including messages intended for posting on, or currently posted on the Message Boards, is subject to our approval. We may, at our sole discretion, edit modify, reject or delete any material posted or submitted.

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 (1-800-566-2636) from 8AM to 5PM Mountain time Monday through Friday.

CANCELLATION:

KIM’S CLUB® Membership is available for $5.95 per month, $14.95 for a 3-month subscription, $26.95 for a 6-month subscription or just $49.95 per year. The savings is more than 30% when paid for annually. Once you join KIM’S CLUB®, your subscription will be extended automatically on a monthly or yearly basis, depending on the option you chose at the time you joined. Your credit card will be charged for each extension. However, you may cancel your subscription at any time as fully described below.



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 prior notice to you. 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 You may cancel your membership to KIM’S CLUB® by signing in to your account and clicking on the "Cancel Subscription" link or by calling Customer Service number at 1-800-KOMANDO (1-800-566-2636) from 8AM to 5PM Mountain time Monday through Friday, 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.

Unless otherwise noted, Any software that is made available to view and/or download in connection with this Website or KIM’S CLUB® is owned or controlled by WestStar or KIM’S CLUB® and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Third party software may be made available to use, view or download herein. Your use of any of the Software herein is governed by the terms of the end user license agreement, if any, which may accompanies or may be included with the Software. Neither WestStar, The Kim Komando Show®, Komando.com® or KIM’S CLUB® accepts any responsibility or liability in connection with any Software owned or controlled by third parties or offered on or though this website.

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.

THIRD PARTY MERCHANTS / VENDORS:

This Website may enable you to order and receive products, information and services from businesses that are not owned or operated by WestStar, The Kim Komando Show®, Komando.com® or KIM’S CLUB®. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. WestStar, The Kim Komando Show®, Komando.com® or KIM’S CLUB® does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. WestStar, The Kim Komando Show®, Komando.com® or KIM’S CLUB® will not be a party to or in any way responsible for monitoring any transaction between you, as a use or customer and any third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of any fees charged for using this Website.

LIABILITY DISCLAIMER:

WESTSTAR TALKRADIO NETWORK AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ABSENCES OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS HEREIN. WE MAKE NO WRRANTY OR GURANTEE (EXPRESSED OR IMPLIED) REGARIDING THE 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.

 

BY USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT WESTSTAR TALKRADIO NETWORK, THE KIM KOMANDO SHOW®, KOMANDO.COM® OR KIM’S CLUB® 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 THE KIM KOMANDO SHOW®, KOMANDO.COM® OR KIM’S CLUB® AND/OR ITS OR THEIR 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 OR CHANGES OF THESE TERMS OF USE:

This Agreement is effective as of November 14, 2007. WestStar & KIM’S CLUB® reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. WestStar will provide notice of any changes on this Website. Such notice may be in advance or after the fact. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Website or KIM’S CLUB® constitutes your full acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of Website.

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless WESTSTAR TALKRADIO NETWORK The Kim Komando Show®, Komando.com® or KIM’S CLUB®, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms (if any), or any warranty you provide herein, or otherwise arising in any way out of your use of this Website and any related WESTSTAR TALKRADIO NETWORK The Kim Komando Show®, Komando.com® or KIM’S CLUB® Internet Service and/or software. WESTSTAR TALKRADIO NETWORK The Kim Komando Show®, Komando.com® or KIM’S CLUB® reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with WESTSTAR TALKRADIO NETWORK The Kim Komando Show®, Komando.com® or KIM’S CLUB® in asserting any and all defenses which are or may be available to us.

GOVERNANCE / JURISDICTION / NO WAVER:

These Terms & 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 appropriate state or federal courts which are physically located within Maricopa 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 WESTSTAR TALKRADIO NETWORK The Kim Komando Show®, Komando.com® or KIM’S CLUB® 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:

WESTSTAR TALKRADIO NETWORK The Kim Komando Show®, Komando.com® or KIM’S CLUB® and all material pertaining thereto is a Registered Trademark / Servicemark: No. 2281044. Any and all other material herein is protected by Copyright © 1995 – 2008 WestStar TalkRadio Network. All Rights Reserved.