WestStar Digital Audio, together with its subsidiaries and affiliates companies (herein "we," "us," "our," "the Company") with include but are not limited to WestStar TalkRadio Network, WestStar Merchandising Inc., dba The Store at Komando.com, The Kim Komando Show and its official website located at, or linked to www.komando.com or store.komando.com (herein, websites), Kim’s Club® (our premium, subscription component of www.komando.com together with all of its newsletters and associated publications, including but not limited to "The Kim Komando Show Weekly Newsletter," "The Kim Komando Show Tip of the Day," "The Kim Komando Show Cool Site of the Day," "The Kim Komando Show News of the Day," (herein "newsletters") is committed to keeping our users, subscribers and customers (herein "you" or "your") informed about how we use or may use the information we gather from you in the routine course of conducting business and providing you with the services and/or products which you have requested and/or purchased through any of our websites.
We ask that you read it carefully to understand how we will use and protect your personal information which you provide to us. We will not share your personal information with anyone except as specifically described within this Policy. This policy could, from time to time, be modified or changed by us. In such an event, any and all changes to this Policy will be announced simultaneously on each of our websites at least ten (10) days in advance of any change or modification. We urge you to check back periodically.
By using any of our websites or obtaining any of our products or services, you agree to the collection and use of your information as set forth in this Policy. If you do not fully agree to all of the items, terms and conditions of this Policy please do not use any of our websites, products or services.
Your use of any of our websites, products or services in any manner, affirms that you hereby agree to all the terms and conditions as set forth in this Policy.
All inquires must be submitted via USPS Certified Mail, Return Receipt Requested to:
WestStar TalkRadio Network
6135 N 7th St.
Phoenix AZ 85014
No phone calls, e-mail or any other type of communication will be accepted or acknowledged.
YOUR E-MAIL ADDRESS AND SUBSCRIPTION TO KIM'S NEWSLETTERS:
A quick comment regarding Kim Komando’s electronic newsletters: A free subscription to any of Kim's newsletters come with her 100 Percent Spam-Free Guarantee. Kim's newsletters are also "Can-Spam" compliant.
The "Spam-Free Guarantee" means that your e-mail address will never be sold, swapped, rented or loaned to anyone, ever. When you subscribe to any or all of Kim's free 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.
You may opt-out (unsubscribe) 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.
YOUR PERSONAL INFORMATION
This Policy will explain the following regarding use of each of our Websites:
Non Personally Identifiable Information: "Non Personally Identifiable Information" refers to information that does not identify you as a specific individual by itself or in combination with other information. We may gather certain information about you based upon where you visit on any of our Websites. This information may be compiled and analyzed on both a personal and an aggregated basis. This information may include the website's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the Internet. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the Internet. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet, allowing Internet servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop.
We gather information in the following ways:
Shopping or Viewing Content: We collect IP addresses for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our Websites. We collect information from visitors to each of our Websites regarding the referring URL, your IP address, which browser you used to come to any one of our Websites, the country, state and telephone area code where your server is located, and the pages of any one of our Websites that you viewed during your visit.
Ordering: When you order from us, we collect Personally Identifiable Information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, mailing address, telephone or mobile number, product selections, credit card number (or check or money order information if using such payment methods while ordering via mail), order number, referring URL, IP address and a password, as well as the recipient's name, address, telephone or mobile number and e-mail address. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order, or the recipient, as appropriate, and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains and these changes will be automatically kept for future use. If you cancel an order or do not complete an order we may collect and use any e-mail address or other information that you have entered as we would collect and use it if you had completed an order.
When an order is placed for delivery to you by a third party we need to collect Personally Identifiable Information regarding the third party to fulfill the order. This information includes their name, address, telephone or mobile number and e-mail address.
Notices to Recipients: If you are a recipient of an order placed by a third party we may send one or more e-mails regarding the order, including regarding customer service issues. In addition, we may send you additional e-mails in compliance with applicable laws in order to promote our Websites and services and to seek your consent to opt in to receive our various newsletters, promotional e-mails and other services. If we send you e-mails notifying you of an order, or that promote our Websites and services, they will contain an opt out link or e-mail address. We may also telephone you regarding the shipment of your order.
Surveys and Polling: In order to improve our services to you, we may ask some of our customers or product recipients to voluntarily complete surveys online or via telephone, which may be collected by an independent third party. Individual survey answers are confidential, although Non Personally Identifiable Information may be collected and disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked.
Contests and Sweepstakes: We may from time to time conduct contests, sweepstakes or other promotions. Customers who choose to participate may be asked to provide Personally Identifiable Information. That information may then be used by us for such purposes as notifying winners and fulfilling promotional obligations as well as providing electronic newsletters and promotional e-mails for our products and/or services (which you can opt out of receiving as described more fully below).
Newsletters & Promotional e-mails: We may offer free electronic newsletters and promotional e-mails for products and/or services offered on any one or more of our Websites as a service to our prior customers from any of our Websites. We may send you newsletters and e-mails periodically listing current specials and deals from us or through our third-party service partners. However, you will have the choice to opt out of (unsubscribing) receiving newsletters and promotional e-mails for products and/or services offered on any one or more of our Websites. In order to opt out of our promotional e-mails, you must opt-out from receiving our free newsletters. Subsequent entries to our contests, sweepstakes or other promotions will reinstate your newsletter subscription and promotional e-mails. If you reinstate your subscription, you may elect to opt-out again. To opt-out or change your subscribed newsletters, please visit our newsletter management area: http://www.komando.com/newsletters/
Contact Information and Third-Party Data: If you contact us by telephone, e-mail or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with any one of our Websites, we may collect such information in a file specific to you. If you provide us feedback through any one of our Websites, by e-mail or by calling one of our customer service representatives, we may ask for your name and e-mail address in order to send you a reply. If other users or third parties send us correspondence about your activities or purchases on any one of our Websites, or if you are the recipient of products sent by another customer, we may keep the information in a file specific to you. We store this information for the purpose of sending one or more e-mails in connection with such an event.
Enforcement of Law: From time to time, we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information only upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.
Merger and Acquisitions: In the event of a merger, consolidation or sale or transfer of all or substantially all of the assets or business of any one or more of our companies or Websites, one of the assets that would generally be transferred is the information we collect from our customers (including both financial records and consumer information). However, the use of this information by any successor entity would still be governed by the terms of this Policy, as amended from time to time, including any amendment after such transaction, and you will continue to have the right to opt out of sharing your information with third parties.
We also encourage our partners and service providers to adopt and follow stringent consumer privacy policies.
THIRD PARTY WEBSITES
You should carefully review privacy policies of any third-party websites accessible from any of our Websites and any co-branded websites which are not covered by this Policy.
We also may have co-branded websites that are maintained by us in connection with one or more of our third-party business partners but which do not contain this Policy or a link to this Policy. When you submit information to one of these co-branded websites you may be submitting it to both Provide Commerce and our third-party business partners or just to our third-party business partner. Note that these co-branded websites may contain, or link to, privacy policies that contain terms and conditions different than those contained in this Policy. Again, this Policy only pertains to the information Provide Commerce collects and we are not responsible for the privacy policies or practices of our business partners. We encourage you to read the privacy policies of those co-branded websites so that you will always know what information we gather and what information is gathered by our third-party business partner, how each of us might use that information, to whom each of us will disclose it and what choices you have.
We also use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, e-mail address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, or to opt-out, click here.
MEMBER ACCOUNT, PASSWORD AND SECURITY:
In order to become a member of Kim's Club®, the premium content subscription based element of www.komando.com, 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 paid 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®.
You may e-mail your requests for customer service to us here, or you may call our Customer Service Center at 602-381-8200, from 8AM to 5PM Mountain Time, Monday through Friday.
THE COMPANY 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 OUR WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY 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 THE COMPANY 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 OUR WEBSITES. YOU SPECIFICALLY AGREE THAT OUR COMPANY AND /OR OUR WEBSITES ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN OUR WEBSITES BY ANY THIRD PARTY. YOU FURTHER AGREE THAT THE COMPANY AND/OR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO OUR WEBSITES AND/OR MAY DISCONTINUE ANY PART OF OUR WEBSITES AT ANY TIME.
Our Websites 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.
All issues and questions concerning Policy shall be governed in accordance with, and under the laws of, the State of Arizona or applicable United States Federal Law, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of Arizona or any other jurisdiction), that could or would cause the application of the laws of any jurisdiction other than the State of Arizona.
Should any litigation arise out of the operation of this Policy, you hereby specifically agree and concede that the court which shall have first jurisdiction in any legal matters pertaining to this Policy shall be a court of appropriate jurisdiction which shall be located within Maricopa County, Arizona, USA.
You further specifically agree that any and all claims and/or causes of action which could or shall arise out of, or in connection with this Policy shall be resolved individually, without resort to any form of class action, and that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such damages include attorneys’ fees. You (or parent/legal guardian if user is a minor) hereby waives all rights to punitive, incidental, consequential, or any other damages other than actual out-of-pocket expenses. You (or parent/legal guardian if user is a minor) shall not claim or receive any damages subject to being multiplied or otherwise increased.
In the event that any rule or any provision of this Policy is, or shall be found to be in conflict with any state, municipality or government statute, law, ordinance, code or rule, then that Policy rule (or rules) shall be deemed changed as necessary to conform to all laws, statues and/or governmental regulations and the like, if possible. In the event that any provision of this Policy shall be found to be invalid or in conflict with any state, municipality or government jurisdiction, neither the validity or enforceability of any other portion of aspect of this Policy shall be affected in any way whatsoever and the reminder shall remain in full force and effect until cancelled, modified or replaced by the Company.
From time to time the Company may offer certain prize giveaways, contest and sweepstakes. All prize winners in our giveaways, contest and sweepstakes specifically agree to the use by the Company, prize suppliers and/or our sponsors, of your name and photograph in the prize winners' lists and for other promotional purposes to be determined by the Company. Your photograph, full name, city and state of residence, local radio station information, face, voice and/or likeness may be used on the air, in print or in electronic publication as we deem appropriate and in entering and /or accepting any prize, you hereby grant us the right to do so without further notice to you. Information such as your telephone number and street address and/or email address will not be made public. Winners further specifically agree that use by the Company, prize suppliers and/or sponsors of their name, voice, face or likeness or use of their descriptions in any way and through any means now known or later devised, shall not be deemed a violation of their privacy or individual intellectual property rights or any other rights. The validity and operation of this rule shall continue past the duration of any and all prize giveaways, contest and sweepstakes and shall survive (and winners agree to be bound by this rule) in perpetuity.
COPYRIGHT AND TRADEMARK NOTICE:
The Kim Komando Show® and all material pertaining thereto is a Registered Trademark / Servicemark: No. 2281044. Any and all other material herein is protected by Copyright © 1995 — 2009 WestStar TalkRadio Network, 6135 N. 7th Street, Phoenix, Arizona 85014. All rights reserved.
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: 9/19/2011