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Your Agreement to Terms & Conditions by clicking agree you are agreeing that you comprehend and agree to the following memorandum of understanding for services start at the time you click agree. I consent to:
  1. The cost of the coaching services do not include the cost of products.
  2. I declare that I am able to take part in the services and weight loss plan.
  3. I agree to inform me primary care physician of my weight loss plan.
  4. I release the company and its officers and employees from any and all claims, liabilities and damages for personal injuries that I many suffer directly or indirectly resulting to my participation of Results by Kim.
  5. The weight loss services are non-refundable
  6. Employees of the company cannot be expected to diagnose or treat health problems or treat health problems. All health questions will be addressed to my physician and I agree to do so.
  7. We need one hour notice of cancellation or you will be charged $25.00 no-show/no-cancel fee.
  8. I agree that the services are guaranteed if I follow the following criteria:
    • Keep accurate food records and have them for any meetings.
    • Adhere to the provided amount of water.
    • Consume your instructed amount of Results by Kim protein supplements (minimum of 3 sets per week.

Your contract is void if you do not meet any of the previous 1-8 conditions.

  Results by Kim agrees to provide support services for weight loss and advise all clients to contact their Primary Care Physician before beginning any weight loss plan.   Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, (Section X) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section IX) This Document contains the terms and conditions of your receipt and payment for Results by Kim® goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF Results by Kim GOODS AND SERVICES. Welcome to Results by Kim, ("Results by Kim", "us" or "we") website. By using our website ("Site") or placing an order, you accept and agree to be bound by these Terms and Conditions ("Terms and Conditions") and our Privacy Policy. Use of the Site is only available to users who are 18 years of age or older and reside in the United States, or its possessions and territories. Results by Kim makes no claims that the Site or any of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws. We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site. I. Eligibility By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. Important Health Information People with certain conditions must consult their doctor before use the Results by Kim® program; these include, but are not limited to people who: (a) are pregnant, (b) are allergic to soy, peanuts, or latex (which is used in food processing), (c) have anorexia or bulimia, (d) have chronic kidney disease, or (e) have a condition requiring a gluten-free or ketogenic diet. Children under 14 years of age may not be on the Results by Kim program. Adolescents aged 14-17 years require a specific meal plan and physician approval. Nursing mothers also require an adjusted meal plan. Men weighing in excess of 450 lbs. and women weighing in excess of 400 lbs. require doctor approval to be on the Results by Kim program. For more information, relating to other health conditions that may require physician approval, including adjusted meal plans, contact the Nutrition & Dietary Services team at Kim@Results by or 1-515-278-8446. The Results by Kim® program is a portion-controlled, reduced-calorie comprehensive weight loss program. Please consult your physician before beginning the Results by Kim program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. As a general guideline, we also recommend taking a multivitamin as a part of your Results by Kim program for optimal health. You should also discuss your continued participation in the Results by Kim program with your physician if there is any change in your medical condition. Download Opens in New Window information that you can share with your physician about the Results by Kim program. It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the Results by Kim program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications. Retail Products – Weight Loss Supplements There is a select group of authorized retailers and distributors that may sell or distribute Results by Kim® products. Results by Kim carefully constructs, manages and maintains these exclusive channels to ensure the authenticity, freshness, quality and safety of its food products, along with the integrity of its brand and its goodwill with customers. You may call customer service to find our select group of authorized retailers and distributors, as the group is subject to change. Purchase of Results by Kim® food products, other than from authorized retailers and distributors, is not recommended, and is done so at your own risk. Results vary depending on starting weight and program adherence. If you have diabetes, are under 18 years of age, are pregnant or a nursing mother or following a specialized diet for health issues please consult with your physician before purchasing (or beginning). For questions, please contact the Nutrition & Dietary team at 1-515-278-8446 or a Results by Kim counselor. Food Substitution Policy Although Results by Kim takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Results by Kim is not responsible for unavailability of product due to popular demand, whether discontinued or still in production. In the completion of orders, Results by Kim reserves the right to substitute a similar product. When making substitutions, Results by Kim takes great care to meet the requirements of your particular Results by Kim program. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all Results by Kim® food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients. Please Note: Results by Kim food items may contain or may have been manufactured in a facility that also processes: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans. II. Auto-Delivery Program Results by Kim offers a variety of auto-delivery and non-auto-delivery programs. Each program may be separately shipped and separately billed . With all Auto-Delivery programs, you will receive a special discount off the regular one-time rate and free shipping (Continental U.S.) with every consecutive order. Charges will be incurred for shipments to Alaska, Hawaii, Puerto Rico, Canada and other US territories and possessions for all orders. With all auto-delivery programs, you are automatically charged and shipped your particular Results by Kim plan once every 4 weeks unless you cancel. By providing your payment card information, you are authorizing the continuation of your Results by Kim auto-delivery program(s) automatically at the end of the 4-week period, and consenting to our charging the payment method provided every 4 weeks, until you cancel. You may be sent an email or may receive a pre-recorded and auto-dialed telephone reminder (i) before your next scheduled order begins processing, and (ii) for shipping and billing information on your order. You may switch your plan selection at any time. Pricing and promotions will be adjusted according to the new plan you select. You can change your delivery schedule and your product selections on any order. You may do so by 6:00 p.m. ET the day before your order is scheduled to begin processing; otherwise we will be unable to make any changes for that order. Your auto-delivery payment is held by your banking institution the day before your order is scheduled to begin processing, and is subsequently paid to Results by Kim when your order is shipped. You may cancel your auto-delivery program at any time before 6:00 p.m. ET the day before your order is scheduled to be processed by calling 1-877-338-8446. If you cancel after the first 14 days and prior to paying for your second shipment, your payment method will credit Results by Kim $125 for the auto-delivery discount received on your first shipment. For all 4-week orders, your payment method will be charged a $19.99 shipping fee (1) if you cancel after your order has been processed; and (2) if you refuse the order at time of delivery. Customers may purchase any number of frozen food selections and add them to any auto-delivery program order and will receive free shipping on these additional frozen food selections above $75.00. Shipping charges in the amount of $20.00 shall apply on additional frozen food selections less than $75.00. Frozen food variety packs are not included. The Results by Kim® plan, all frozen food selections and frozen food variety packs are available to Continental U.S. residents only, and cannot be shipped to P.O. Boxes, A.P.O. Boxes or military addresses, Alaska, Hawaii, Puerto Rico, Canada and other US territories and possessions. Money Back Guarantee If you're not satisfied with your first order, call 1-515-278-8446 within the first 14 days and send the remaining food back for a full refund, less shipping. Good on new plans, first order only. Limit one per customer. The Money Back Guarantee is not valid on Transition and Maintenance plans and a la carte purchases. See return policy below for these plans and purchases. Return Policy If, within thirty days of receipt of your package, there is any reason you wish to return any unopened Results by Kim® non-frozen food item, Results by Kim will give you a refund (less return shipping), no questions asked, that’s how confident Results by Kim is that you’ll love the food. Frozen food items are not returnable. Frozen foods are not refundable except under the Money Back Guarantee policy. Return Authorization Number (RMA#). Please call Customer Service at 1-515-278-8446 to obtain a Return Authorization Number (RMA#). All requests for refunds and returns must be made within 30 days of receipt of your package. Your package must be postmarked within 48-72 hours after the RMA # has been issued to you. Please note: Any packages that are returned to our warehouses without an RMA#, including any orders which were not cancelled prior to order processing, and/or refused at the time of delivery, will have a return shipping fee of $19.99 (subject to change) deducted before a credit (if any) is issued. FedEx Convenience Label Once you receive your RMA#, put this number on the package. Indicate the reason for your return, include the packing slip that came with your order, and wrap the package securely. If you do not have your packing slip, please indicate the order number on a separate piece of paper and, enclose it in the package. For your convenience, we will email you a return FedEx label (for program orders only). A return shipping fee will be deducted before a credit (if any) is issued. Affix the return label that was sent to you. You can either arrange with FedEx to pick up your package or you can drop off your package to a FedEx location. Returning your package on your own? Once you receive your RMA#, put this number on the package. Indicate the reason for your return, include the packing slip that came with your order, and wrap the package securely. If you do not have your packing slip, please indicate the order number on a separate piece of paper, enclose in the package and send the package to the following address: OHL/Results by Kim Returns Dept. - (Your RMA#) To ensure proper credit to your account, Results by Kim recommends that you use UPS, Federal Express or Insured Parcel Post for shipment. Please save your shipping receipt and your tracking information until your return is processed. If you have any further questions, please feel free to call Customer Service at 1-515-278-8446. Credits are issued within 14 business days after your return is processed in the Results by Kim warehouse, but may not appear on your statement for 1-2 billing cycles. Refunds issued by paper check can take up to 4 weeks to be processed. Shipping costs are not refundable unless it is a result of our error. Credits are issued back to the original method of payment for the returned product. Please note that Results by Kim is not responsible for any bank or credit card fees that you may incur. Retail Purchases — Return Policy When you purchase Results by Kim® products and services from the select group of authorized retailers and distributors, please refer to the return policies and money back policies of such authorized retailers and distributors. III. A La Carte and Maintenance Plans Results by Kim offers a variety of plans, including a la carte and maintenance, to its customers who are ready to take the next step in their weight loss journey. These comprehensive plans offer customers complete flexibility by allowing them to continue enjoying Results by Kim® entrees and snacks as desired while learning to add their own healthy recipes to their daily menus. These plans offer a variety of options to customers who have reached their weight loss goals, or who may want to continue on the program but according to their lifestyle. These programs are available on an auto-delivery and non-auto-delivery basis. Please call our or visit our website for details on these programs. Members will also receive unlimited access to counseling to ensure a seamless transition to a lifetime of healthy eating. We reserve the right to modify, enhance, terminate or otherwise change particular plan benefits from time to time at our sole discretion. IV. Gift Cards Results by Kim sells gift cards only at select retailers for the purchase of Results by Kim products at Results by Kim or by calling 1-515-278-8446. To redeem Gift Cards online, enter card number and PIN (on back of card or in email) during checkout. To redeem by telephone, please provide the Results by Kim representative the Gift Card number and PIN. You may get your balance on your Gift Card by calling 1-515-278-8446 seven days a week. Please note that the balance is an estimate, as there are times when the balance of your Gift Card is delayed. For the most accurate, please review your transaction history under your Results by Kim account. Gift Cards may not be used to purchase another Gift Card or toward previously purchased merchandise. Gift Cards are for personal use only and are not for resale, or purchase of goods for resale; cannot be refunded or exchanged, or redeemed for cash, except as required by law. If you decide to return merchandise that you purchased using your Results by Kim Gift Card, the refunded amount will be sent through a paper check and will be equal to the purchase price of the gift card, less any amount that has been used. Gift Cards are non-reloadable. Gift Cards carry no expiration date (subject to applicable law). There are no fees charged for any reason. If your Gift Card is lost, stolen or destroyed, please contact customer service at 1-515-278-8446 and provide your Gift Card number, and a new card will be issued with the remaining balance. Lost or stolen Gift Cards cannot be replaced without the original receipt. Replacement Gift Cards will be the value of the card at the time Results by Kim receives your report of loss, theft or unauthorized use. Results by Kim is not liable to you for the use of your Gift Card by a third party on your Results by Kim account. Please be sure to maintain the privacy of your Results by Kim password, as you are responsible for any activity on your account. Results by Kim Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities unless you obtain Results by Kim’s prior written approval. If your order total is less than the amount on your Gift Card, the remaining amount will be available on your card for future purchases. If your order total is more than the amount on your Gift Card, you will need to pay for the balance with additional Gift Cards or another payment method. If you are placing an auto-delivery order and the amount on the Gift Card is more than the order total, you will still be required to provide additional payment information that will be needed for your subsequent auto-delivery order(s). Purchase of a Gift Card constitutes acceptance of these Terms and Conditions. V. Telephone Calls and Call Recording Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Results by Kim can reach you with informational calls related to your transactions. These calls may be pre-recorded and auto-dialed and are related to the shipment and delivery of your food, and payment reminders for your orders. You may also opt- in to receive special offers from Results by Kim. If you do so, our trained Results by Kim representatives may call you using an automated dialing system. Under Results by Kim’s Do Not Call Policy, Results by Kim maintains an internal Do Not Call List that you can request to be placed onto so as not to receive marketing or sales calls. If you would like to be on Results by Kim’s Internal Do Not Call list for marketing and sales calls, please contact us at 1-515-278-8446. Results by Kim shall continue to contact you for any order-related or transactional matters. All calls to and from Results by Kim may be monitored or recorded for quality and training purposes. VI. Your Responsibility to Protect Your Account Results by Kim reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Results by Kim will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Results by Kim may restrict access to some parts of the Site, or the entire Site. When you create an account, you will be asked to establish a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Results by Kim for losses incurred by Results by Kim or another party due to someone else using your account or password. Results by Kim has the right to disable any user name, password or other identifier, whether chosen by you or provided by Results by Kim, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions. Content Posted By You Content posted by you includes, but is not limited to, posting on Results by Kim's social media pages. These sites contain various pages where you and others may post content ("Sites"). You may only post content to the Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation. By submitting or posting content to the Sites, you grant Results by Kim, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Sites, Results by Kim will not give you any right to inspect or approve uses of such content or to compensate you for any such uses. Results by Kim owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by Results by Kim, using or incorporating content posted to the Sites. For more information please review Results by Kim Privacy Policy. You should carefully choose the information you post on the Sites. Any content that you post to the Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Sites and the consequences of posting anything on these Sites. Results by Kim is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites. Content Posted By Others Results by Kim is not responsible for, and does not endorse, content in any posting made by others on the Sites. You are solely responsible for your reliance on anything posted by others on the Sites. Under no circumstances will Results by Kim be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of misuse of the Sites by any person, please contact Results by Kim at 1-515-278-8446 or write to us at 2832 104TH ST, Ste 101 Urbandale, IA 50322 If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Results by Kim has the right to remove any user contributions from these Sites for any or no reason. Results by Kim reserves the right to take necessary legal action against users. Activities Prohibited on the Sites The following is a partial list of the types of conduct that are illegal or prohibited on the Sites. Results by Kim reserves the right to investigate and take appropriate legal action against anyone who, in Results by Kim’s sole discretion, engages in any of the prohibited activities on the Sites. Prohibited activities include, but are not limited to, the following: Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Results by Kim in its sole discretion. Results by Kim takes no responsibility for monitoring such content or in evaluating it; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code which is malicious or technologically harmful; Harvesting or otherwise collecting information about others, including email addresses, without their consent; Allowing any other person or entity to use your identification for posting or viewing comments; Posting the same note more than once or "spamming;" Harassing, threatening, stalking, or abusing any person; Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites or Site, the server on which the Sites or Site is stored, or any server, computer or database connected to the Sites or Site; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Sites or Site, or which, in the sole discretion of Results by Kim, exposes Results by Kim or any of its customers or suppliers to any liability or detriment of any type. Monitoring and Enforcement; Termination Results by Kim reserves the right, but is not obligated, to do any or all of the following: Record the dialogue or content posted on any pages of the Sites; Investigate an allegation that anything posted on the Sites does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting; Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions; Terminate your access to the Sites upon any breach of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you); Monitor, edit, or disclose any posting on the Sites; and Edit or delete any communications posted on the Sites, regardless of whether such communications violate these standards; or Results by Kim may disclose your information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Without limiting the foregoing, Results by Kim has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Results by Kim to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites. YOU WAIVE, AND HOLD HARMLESS RESULTS BY KIM FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RESULTS BY KIM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF RESULTS BY KIM, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES. Results by Kim does not undertake to review any materials before you have posted them on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Results by Kim assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Results by Kim has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Results by Kim has the right to terminate your access to the Site or Sites for any reason, including, without limitation, if Results by Kim, in its sole discretion, considers your use to be unacceptable. Results by Kim may, but shall not be under no obligation to, provide you a warning prior to termination of your use of the Site or Sites. VII. Results by Kim Intellectual Property The entire contents of the Site or Sites are copyrighted as a collective work under the laws of United States and other copyright laws. Results by Kim holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Results by Kim or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site. You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Results by Kim. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Trademarks The Results by Kim name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Results by Kim or its affiliates or licensors. You must not use such marks without the prior written permission of Results by Kim. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. Copyright Protection If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Results by Kim (as set forth below) and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number, and email address. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf. A signature or the electronic equivalent from the copyright holder or authorized representative. Send this information by mail to Results by Kim 2832 104TH ST, Ste 101 Urbandale, IA 50322 VIII. Changes to the Site Results by Kim may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Results by Kim is under no obligation to update such material. Information About You and Your Visits to the Site All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by Results by Kim with respect to your information in compliance with the Privacy Policy. Online Purchases and Other Terms and Conditions All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions. Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions. Links from the Site If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Results by Kim has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Results by Kim may disable all or any social media features and any links at any time without notice in our discretion. Legal Disclaimers Warranties The Sites and/or Site and the content are provided on an "as is" and "as available" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, RESULTS BY KIM, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Results by Kim makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Results by Kim cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Results by Kim cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Results by Kim cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Results by Kim does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected. The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Results by Kim, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Results by Kim. Results by Kim is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Limitation of Liability RESULTS BY KIM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESULTS BY KIM IS TO DISCONTINUE YOUR USE OF THE SITE. RESULTS BY KIM AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RESULTS BY KIM HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RESULTS BY KIM’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Indemnification You agree to indemnify, defend, and hold Results by Kim, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ and/or Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site. IX. Resolving Disputes — Arbitration Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 1-515-278-8446. If Results by Kim’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Results by Kim has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA"). Unless you and Results by Kim agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at, by calling the AAA at 1-515-278-8446. Results by Kim agrees that it will pay a consumer’s filing fee for the arbitration. You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR RESULTS BY KIM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). X. Miscellaneous Waiver and Severability No waiver by Results by Kim of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Results by Kim to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. Governing Law and Jurisdiction These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. Entire Agreement These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Results by Kim with respect to the Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and/or Site. Notice Results by Kim may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Results by Kim account. You may give notice to Results by Kim at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Results by Kim., 2832 104th ST, Ste 101 Urbandale, IA 50322
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