The following rules (“Terms and Conditions”) govern the use of the websites located at, or linked to, the URLs www.komando.com or community.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 & 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., © 2020, 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 email@example.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 Show and the Komando Community 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 phone or by email; for other options, visit www.komando.com/contact-us.
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 Show and the Komando Community and are 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 Show and the Komando Community, 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 using the methods of communication found at www.komando.com/contact-us should you find 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 username of another person with intent to impersonate that person; (ii) you will not select or utilize a username 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 username that The Kim Komando Show and the Komando Community 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 at www.komando.com/contact-us. 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 Show 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.
Using the services
- This is a contract between you and WestStar Multimedia Entertainment, Inc., as an Arizona corporation doing business at 6135 North Seventh Street, Phoenix, Arizona, United States of America. You must read and agree to these terms (the “Agreement”) before using WestStar’s services (herein, “Services” or “our Services”). If you do not agree, you may not use our Services.
- These terms describe the limited basis on which the Services are made available to you and supersede prior agreements or arrangements.
Komando Community membership
You’ll need a Komando Community membership to access many of the features and benefits available by WestStar on community.komando.com. Your Komando Community membership allows you to sign in for products, websites and services provided by www.komando.com and WestStar Multimedia Entertainment, Inc. (herein, “WestStar”). In order to become a member of the Komando Community, you must fully complete the registration process by providing accurate information as required within the online registration form at community.komando.com. While completing the registration form, you must select 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 and will be used by you to sign into the Komando Community. You must be 13 years or older to sign up for an account on Komando Community.
Creating an account
If the Komando Community does not recognize you from a previous sign in, you will be asked to enter the email address 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 the Komando Community immediately of any unauthorized use of your account. The Komando Community 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 the Komando Community, you hereby agree to the following:
- You will not, in any way whatsoever, use, nor will you allow to be used, the Komando Community for any purpose that is unlawful or is otherwise prohibited by these terms, conditions and notices.
- You may not use the Komando Community in any manner which could damage, disable, overburden or impair any area or operation of the website or otherwise interfere with any other party’s full use and enjoyment of the Komando Community website.
- You may not attempt to gain unauthorized access to the Komando Community, any related website, other accounts, computer systems or networks connected to the Komando Community 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 the Komando Community.
All membership benefits are subject to availability. Your access to the Komando Community 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. If we reasonably suspect that your Komando Community account is at risk of being used by a third-party fraudulently (for example, as a result of an account compromise), Komando Community may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of your content. If you are having trouble accessing your Komando Community account, please contact us by emailing firstname.lastname@example.org or calling 1-800-KOMANDO during our business hours, which are Monday through Friday, 8:00 a.m. to 5:00 p.m. Please note that our offices are located in Phoenix, Arizona, a state that does NOT observe Daylight Savings Time.
Kids and accounts
By using the Services, you represent that you have reached the age of 13 where you live and consent to be bound by these Terms. If you do not know whether you have reached the age of 13 where you live, or you do not understand this section, please ask your parent or legal guardian for help and consent before you create a Komando Community account. If you are the parent or legal guardian of a minor who creates a Komando Community account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Komando Community account or Services, including purchases, whether the minor’s account is now open or created later.
Closing your account
You may cancel your Komando Community membership at any time and for any reason. To discontinue your Komando Community membership billing, you must contact our Customer Service representatives at 1-800-KOMANDO (566-2636) from Monday through Friday, 8:00 a.m. to 5:00 p.m. Arizona time. We are not open on nationally observed 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. We cannot accept Komando Community cancelation requests via email.
If your Komando Community account is closed (whether by you or us):
- Your right to use the Services of your Komando Community membership stops either immediately or on your next renewal date depending on who closed the account and why it was closed.
- We may temporarily prevent creation of an account associated with the email address you provided. In some cases, you may reactivate your account.
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 cancelation request. Delays in locating your account due to the lack of this information may result in automatic renewals while your cancelation request is in process. Renewals that occur during the cancelation request period will not be refunded.
Komando Community reserves the right to terminate your access to Komando Community, or any portion thereof, for any reason, at any time, without notice to you.
Changing your Komando Community membership plan
When changing your Komando Community membership plan, be sure to sign in to your membership account at community.komando.com to assure the membership update occurs on your current account. Hover over your username, then click “My Membership.” Under your level, click “change” to select a new membership level. Komando Community purchases and renewals are non-refundable. Any cancellation request must be made at least one (1) business day before your next scheduled auto-renewal date to avoid an automatic renewal charge. Renewal charges will not be refunded.
Additional equipment/data plans
To use our Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like an audio device, e-reader or speakers. You are responsible for providing all connections and equipment needed to use our Services. Additionally, you are responsible for paying the fees charged by the provider(s) of your connections, plans and equipment. Those fees are in addition to any fees you pay us for our Services, and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
Customer support for some Services is available at community.komando.com/faqs. You can contact our support team directly by sending an email to email@example.com or calling 1-800-KOMANDO during business hours. Support may not be available for preview or beta versions of features or Services.
Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content, and you are responsible for it.
- When you share Your Content with others, you understand they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use and retention of Your Content will not violate any law or rights of others. Komando Community cannot be held responsible for Your Content or the material others upload, store or share using the Services.
- To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Komando Community services, you hereby grant to Komando Community a worldwide and royalty-free intellectual property license to use and to allow others to use Your Content, for example, to make copies of, retain, transmit, reformat, display and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising; however, we will generally not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you.
Code of conduct
By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- Don’t do anything to you know or could reasonably expect to be illegal.
- Don’t engage in any activity that exploits, harms, or threatens to harm anyone, especially children.
- DO NOT SEND SPAM, including, but not limited to, unwanted or unsolicited bulk messages, postings, contact requests, comments, public messages, or chats.
- Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence or criminal activity).
- Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
- Don’t circumvent any restrictions on access to, or availability of, the Services.
- Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
- Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of content, or photographs).
- Don’t engage in activity that violates the privacy of others.
- Don’t help others break these rules.
- Don’t use your presence on the Komando Community to advertise, promote or solicit third-party products, websites or services.
If you violate any of these Terms, we may stop providing Services to you or we may close your Komando Community account. We may also block delivery of all communication (like emails, phone calls, messages, comments, public messages or chats on our site, any associated site or our social media) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Komando Community reserves the right to review Your Content in order to resolve the issue; however, we cannot monitor the entire Services and make no attempt to do so.
If you believe a member of the Komando Community is in violation of copyright law, please report it immediately to firstname.lastname@example.org.
Using third-party apps and services
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Komando Community is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data.
There is a membership fee required to access the Services available on Komando Community, and you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements unless stated otherwise. We may suspend or cancel the Services if we do not receive a full payment from you at the time the payment is due. Suspension or cancelation of the Services for non-payment could result in a loss of access to and use of your account and its content.
Your billing account
To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the “My Membership” page of your profile. Additionally, you agree to permit Komando Community to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
By providing Komando Community with a payment method, you:
- Represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate;
- Authorize Komando Community to charge you for the Services or available content using your payment method; and
- Authorize Komando Community to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force.
We may bill your initial payment in advance, at the time of purchase, or shortly after purchase, and your membership will be billed on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
When you purchase the Services on a subscription basis (monthly or annually), you agree that you are authorizing recurring payments, and payments will be made to Komando Community by the method and at the recurring intervals you have agreed to until the subscription for that Service is terminated by you or by Komando Community. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Komando Community to store your payment instrument and process such payments as either electronic debits or fund transfers, or as charges to your designated account (for credit card or similar payments) – collectively, “Electronic Payments.” Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Komando Community or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Komando Community has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
Canceling the services
You may cancel a Service at any time, with or without cause. Canceling paid Services stops future charges to continue the Service. To cancel a Service call us at 1-800-KOMANDO during business hours. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iii) you may lose access to and use of your account when you cancel the Services. We will process your Data as described above. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
From time to time, Komando Community may offer Services for a trial period during which Komando Community will not charge you for the Services. Komando Community reserves the right to charge you for such Services (at the normal rate) if Komando Community determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
Payments to you
If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
KOMANDO COMMUNITY MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. YOU HEREBY AFFIRM YOUR UNDERSTANDING THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. KOMANDO COMMUNITY DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU HERENY ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.
Through Komando Community and any other related and future services, Komando Community may enable you to obtain, listen to, view, play or read (as the case may be) music, images, video, text, books, games or other material (“Digital Goods”) that you may get in digital form. The Digital Goods are only for your personal, non-commercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods may be owned by Komando Community or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms and copyright law. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. Komando Community may, from time to time, remove Digital Goods from the Services without notice.
Proceedings to resolve or litigate a dispute in any forum will be conducted on an individual basis. Neither you nor WestStar will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. You and WestStar hereby agree to arbitrate, as provided below, all disputes between you that are not resolved informally, except disputes relating to the ownership or enforcement of copyrights or intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning our Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and WestStar empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.
- In the event of a dispute, you or WestStar must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to WestStar MultiMedia Entertainment, Inc., 6135 N. 7th Street, phoenix, Arizona, USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and WestStar shall attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence a formal arbitration proceeding.
- If you and WestStar do not resolve a dispute by informal negotiation the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by standard arbitration rules and may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, shall take place in Phoenix, Arizona. You shall be responsible for all costs to come to Phoenix, Arizona. You and WestStar agree to submit to the exclusive jurisdiction of the federal or state courts located in Phoenix, Arizona, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Except as provided above with respect to jurisdiction in Phoenix, Arizona, nothing in this arbitration provision shall be construed as consent by WestStar or its affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the WestStar Services or this Agreement.
Submissions and unsolicited ideas policies
Our longstanding company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
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.
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 Komando Community 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 Komando Community 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 Komando Community, 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.
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.
If you are notifying The Komando Community of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:
- 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;
- A description of the allegedly infringing material and information sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
- 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
- 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
6135 N 7th Street
Phoenix, AZ 85014
Comments and 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 Show. 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.
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Once you become a Komando Ambassador, from time to time we run programs to support and enhance our brand, which may include the award of prizes. As a Komando Ambassador, or as a user of this Site, who is attempting to become a Komando Ambassador, we expect that at all times you will not engage in any fraudulent or other activities that attempt to mislead, misrepresent or provide false or manufactured information, email addresses or other data, for purposes of obtaining Komando Ambassador status, prizes or other recognition. In the event that we determine, in our sole discretion, that you have submitted any such false, misleading or manufactured information, email addresses or other data, we reserve the right to do any one or more of the following: (a) refuse you Komando Ambassador status, (b) remove your Komando Ambassador status, (c) refuse to deliver to you, or demand that you return, any prizes, awards or other recognition, (d) block you from accessing or otherwise using the Site, (e) commence legal proceedings, and (e) report you to appropriate law enforcement authorities. All prizes awarded through the Komando Ambassador program are subject to change.
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