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| JimKaras.com and JimKaras.net Privacy Policy and Terms of Use | |||
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This privacy statement covers the www.jimkaras.com and the www.jimkaras.net websites (collectively, “the Website” or “this Website”). These websites are owned and operated by Jim Karas Industries, LLC (“Jim Karas”). This privacy policy covers only information that is collected through this Website, and does not cover information that may be collected through software downloaded from the site. The policy answers the following questions about how we collect, use and maintain the security of the information you provide to us on the Website:
By visiting this site, you are accepting the practices described in this Policy as may be revised from time to time. If users have questions or concerns regarding this statement, they should first contact the Legal Department by Emailing legal@jimkaras.com A. Information Collection and Use: 1. What information does the Website collect? Jim Karas is the sole owner of the information collected on the jimkaras.com and jimkaras.net websites. Jim Karas collects information from our users at several different points on the Website. We collect information that you may submit to us by e-mail or through the Website’s online registration form, membership application form or other interactive features as well as any information that you post to the site, i.e. through bulletin boards and chat rooms. This information includes, without limitation, your name, e-mail address, postal address, credit card account information (solely for payment purposes), phone/fax numbers, height, weight, age, and activity level. a. Cookies and Log Files A “cookie” is a small data file that can be placed on your hard drive when you visit certain web sites. The Website uses cookies to collect and store information (such as user ID) about visitors to the site. The Website also collect various “log file” data about visitors, such as the browser used to access the site, date/time of visit, the last web page viewed and the visitor’s IP address. IP addresses are tied to personally identifiable information. We use a tracking utility called WebTrends that uses log files to analyze user movement. Please also see the Profile section below. We use this passively collected data in aggregate form for statistical analysis purposes, such as to help improve the usability and performance of the Website. Some of our business partners use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising. b. Clear Gifs (Web Beacons/Web Bugs) From time to time, we may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear gifs may be tied to users’ personally identifiable information. Clear Gifs can “work with” existing cookies on a computer if they are both from the same Web site or advertising company. That means, for example, that if a person visited “www.companyX.com”, which uses an advertising company's clear gif, the Web site or advertising company would match the clear gif's identifier and the advertising company's cookie ID number, to show the past online behavior for that computer. This collected information would then be given to the advertising company or Web site. In addition, we use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of these emails, please see the Opt-out section. 2. How does the Website use the collected information? We use this information to create a user profile, process your membership application, provide you the information, goods or services you request, inform you about products and services that we think may interest you, and contact you with updates about the Website and Jim Karas. We may also use this information to conduct statistical analysis of our users. From time to time, we may republish information submitted by our users, such as Success Stories. a. Profile We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user’s visit to our Website, and to direct pertinent marketing promotions to them. We do not sell, rent or lease ay personally identifiable information from your profile to other third parties. b. Communications from the Site 1. Special Offers and Updates We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections. 2. Newsletter If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users’ privacy, we provide a way to opt-out of these communications. Please see the Choice and Opt-out sections. 3. Service Announcements On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Members can not opt-out of these communications, though they can deactivate their account. These communications are not promotional in nature. 4. Customer Service We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the users’ wishes. 3. When does the Website share the information collected with third parties? a. Legal Disclaimer Though Jim Karas makes every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Jim Karas or the Website or when we believe in good faith that disclosing this information is necessary to protect the safety of my person. b. Third Party Vendors We use a variety of vendors to assist us in our business operations, including, but not limited too, an outside shipping company to ship orders, a company to provide customer service and a credit card processing company to bill users for goods and services. When you place an order for products with a third party, that party may request information from you to fulfill your order. c. Business Transitions In the event Jim Karas goes through a business transition,
such as a merger, being acquired by another company, or selling
a portion of its assets, users’ personal information
will, in most instances, be part of the assets transferred.
If as a result of the business transition, the user’s
personally identifiable information will be used in a manner
different from that stated at the time of collection, we
will notify the user in accordance with the notification
section. Members are given the opportunity to “opt-out” of having their information used for purposes not directly related to the Website at the point where we ask for information. Members and registered users of the Website may “opt-out” of receiving marketing materials by keeping their e-mail address off our distribution list. Members who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email or email us at help@jimkaras.com. We also offer an opt-out mechanism on the member edit profile page or the member may contact us at help@jimkaras.com to opt-out. 5. How do I correct, update, delete, or deactivate the information the Website collected? If a member’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a member no longer desires our service, we provide a way to correct, update or delete/deactivate the member’s personally identifiable information. This can usually be done at the edit profile page or by emailing our Customer Support at help@jimkaras.com. B. Links The Website contains links to other sites. Please be aware that Jim Karas is not responsible for the privacy practices of other sites. We encourage our members to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by Jim Karas. C. Security 1. Is the information collected on the Website secure? When members submit sensitive information via the website, we take steps to help insure that their information is protected both online and off-line. When our registration/membership form asks users to enter sensitive information (such as credit card number), that information is encrypted using secure sockets layer– (SSL). While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’. To learn more about SSL, follow this link www.verisign.com While we use SSL encryption to protect sensitive information online, we also take steps to protect user-information off-line. All of our members’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every 6 months, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users’ information is protected. Finally, the servers that store personally identifiable information are in a secure environment in a locked facility. If users have any questions about the security at our Web site, users can send an email to legal@jimkaras.com D. Privacy Policy Changes If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. users will have 30 days in which to opt out before we use their information in a different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. E. Contact Information If you have any questions or suggestions regarding our privacy policy, please contact us at: Phone (773) 244-0123 Postal Address |
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| Terms of Use | |||
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1. ACCEPTANCE OF TERMS THROUGH USE Jim Karas Industries, LLC (“Jim Karas”) owns and operates the www.jimkaras.com and www.jimkaras.net World Wide Web sites (collectively “Website”). By using the Website, you agree to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use please do not use this Website. Jim Karas reserves the right, at its discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. 2. MEMBERSHIP AND CANCELLATION With the exception of trial memberships and special offers, your membership to the Website is a monthly, recurring membership. Unless specified otherwise on the Website, your membership is automatically renewed each month and you are financially responsible for all membership fees until notice of cancellation is received by Jim Karas. Cancellations are not retroactive therefore, if you cancel
after your membership month has begun, then you will not
be entitled to a refund for that membership month. Cancellations
do not become effective until the starting date of your next
membership month. A membership month begins on the calendar
date (e.g., December 15th) when you subscribe to the Website
and concludes on the day before that calendar date (e.g.,
January 14th) the following month. a) By email: send an email to help@jimkaras.com indicating within the body of the message your intent to cancel. Be sure to include your first and last name and user name. Please note that Jim Karas will not accept or open email communications with attachments. ;OR b) By facsimile: send a brief letter, including your first and last name, user name and email address, and fax it to: Jim Karas Industries, LLC, (312)440-1229 Attn: Member Services. 3. RESTRICTION ON USE OF MATERIALS Jim Karas grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided on the Website solely for your personal use, provided that you comply with these provisions. You acknowledge that the content and material, including, without limitation, all software, photos, videotext, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other information, available on the Website are owned by Jim Karas or licensed to Jim Karas, and are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You will not sell, license, rent, modify, distribute, copy, publicly display, publicly perform, publish, adapt, edit or create derivative works from these materials or content, unless expressly authorized by Jim Karas. Notwithstanding the above limitation, you may print or download one copy of the materials or content on this site on a single computer for your personal use. When content and material is downloaded, you do not obtain any ownership interest in the content or material. In addition, you agree to keep all copyright and other proprietary notices intact. Modification or use of the content and material on this website is strictly prohibited unless expressly authorized by jimkaras.com in a prior written consent. 4. PRIVACY AND SECURITY Jim Karas is committed to protecting your privacy and security. Please review our Privacy Policy, which is incorporated by this reference into these Terms of Use, for more information. 5. YOUR PASSWORD AND USER ACCOUNT You are responsible for maintaining the confidentiality of your password and user account information for the Website. Please notify us immediately with known or suspected occurrences of unauthorized access and use of your membership to the Website, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are responsible for any and all activities which occur under your user name and password, including, without limitation, unauthorized use prior to your notifying Jim Karas of such use and taking steps to prevent its further occurrence by changing your password. 6. HEALTH DISCLAIMER Jim Karas is not a medical organization and our staff cannot give you medical advice or diagnosis. We urge you to seek the advice of a physician before beginning any fitness or weight loss program. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any fitness or weight loss programs. 7. SUBMISSIONS If, at our request or on your own, you send, email, post or otherwise transmit to us or the Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your weight loss, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting postings on any Support Group bulletin board or chat room) (collectively, the “Submissions”), the Submissions become the property of Jim Karas. Except as provided in our Privacy Policy, no Submission is subject to any obligation of confidence by Jim Karas. Jim Karas is not be liable for any use or disclosure of any Submission. Without limitation, you grant Jim Karas and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submission (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submission in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that exist in such Submissions. You also warrant that any third-party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that Jim Karas and its successors and assigns are entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submission. 8. BULLETIN BOARD AND CHAT ROOM POLICY Jim Karas maintains bulletin boards and chat rooms on the Website to enable our members to have access to 24 hours of support from other members. By posting a message to a bulletin board or participating in a chat room, you agree to abide by our Bulletin Board and Chat Room Policy , which is incorporated by this reference into these Terms of Use. 9. PARENTAL OR GUARDIAN PERMISSION Some of the Content on the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE. We will not calculate the Basal Metabolic Rate of any person under the age of 18. 10. LINKS These Terms of Use apply only to this Website, and not to the websites of any other person or entity. This Website enables you to link to other websites and resources. You agree that Jim Karas is not responsible for the availability of such external sites or resources, and does not endorse (and is not responsible or liable for) any content, advertising, products, or other materials on or available from third-party websites or resources, except as specifically noted. You agree that Jim Karas will not be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any third party website (regardless of whether the Website directly or indirectly links to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster. 11. THIRD PARTY PRODUCTS AND SERVICES From time to time, you may order services, merchandise or other products through links on this Website to websites operated by third parties. All matters concerning the products and services from the third parties, including, without limitation, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the third party. Jim Karas makes no warranties or representations regarding any products or services provided by a third party. Jim Karas is not a party to any transaction between you and a third party, whether or not we may have received some form of revenue or other remuneration in connection with such transactions. Jim Karas is not liable, either directly or indirectly, for any costs or damages arising from transactions with third parties. 12. COPYRIGHT COMPLAINTS Jim Karas respects the intellectual property rights of
others and ask that our members do the same. In appropriate
circumstances and in our discretion, we reserve the right
to terminate the rights of any member to access and use the
jimkaras.com website who infringes the intellectual property
rights of others. 13. TERMINATION Jim Karas reserves the right, in its sole discretion, to terminate your access to all or part of the jimkaras.com website with or without notice. 14. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. JIM KARAS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. 15. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES WILL JIM KARAS, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JIM KARAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JIM KARAS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 16. INDEMNIFICATION Upon a request by Jim Karas, you agree to defend, indemnify, and hold harmless Jim Karas and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this site. Jim Karas reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Jim Karas in asserting any available defenses. 17. GOVERNING LAW AND CHOICE OF FORUM These Terms of Use are governed by the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms of Use will be filed only in the state or federal courts located in Cook County in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. |
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| Bulletin Board Policy | |||
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We at Jim Karas Industries, LLC (“Jim Karas”) want our members to have access to 24 hours of support from other members. We want you as a member to walk away from Support Groups feeling encouraged and motivated, so we ask that you all agree to observe the following standards of conduct, which is part of our Terms of Use, when posting messages or participating in chat rooms at the www.jimkaras.com and www.jimkaras.net websites: 1. BE COURTEOUS AND RESPECTFUL Please be kind to others even when expressing different opinions. It is a given that we will not all agree on topics, but we can choose to disagree in a respectful manner. Please think before you post, and then you will not experience difficulties. Do not attack, insult, or harass. We are all in our weight loss venture together, so always try to support one another. jimkaras.com reserves the right to remove any postings it believes violates this standard. 2. KEEP IT CLEAN There is no place in our Support Groups for language that is explicit, vulgar, or obscene. Jim Karas reserves the right to remove any postings it believes contains explicit, vulgar or obscene language. 3. REMEMBER THAT POSTS ARE NOT ENDORSED BY JIM KARAS Jim Karas does not necessarily support or endorse comments that are posted on our Support Group bulletin boards and chat rooms. Any advice or opinions posted represents the views of the party posting the statement, and does not necessarily represent the views of Jim Karas (or its associates and affiliates). Jim Karas recommends that all advice taken from a Support Group be appropriately researched by the participant, including, without limitation, consulting with a physician. 4. PLEASE MAKE RELEVANT CONTRIBUTIONS ONLY Jim Karas reserves the right to remove any posting from a Support Group bulletin board that does not relate to the topic being discussed in the Support Group. 5. COMMERCIAL ITEM POSTINGS ARE NOT PERMITTED Refrain from posting commercial messages or solicitations on Support Group bulletin boards or during live chats. Jim Karas reserves the right to remove any postings that it believes contain promotional and commercial messages. 6. OFFENSIVE POSTINGS Jim Karas reserves the right to remove any posting from a Support Group board that it determines, in its sole discretion, is offensive. 7. PROTECT YOUR PRIVACY Please keep in mind that any information you disclose in a public forum, such as a bulletin board or chat room, may be collected and used by third parties who are not under the control of Jim Karas. 8. REPEATED VIOLATIONS Jim Karas reserves the right to
revoke the membership privileges of any participant who routinely
violates the Bulletin Board and Chat Room policy. If you happen to see anything that violates the jimkaras.com Support Group policy, please send an e-mail to help@jimkaras.com. 10. SUPPORT GROUPS Jim Karas reserves the right to organize Support Group bulletin boards and chat rooms in order to best serve our members. There may be times that minimal-activity Support Groups will be relocated or deleted entirely. 11. YOUR POSTING By posting or submitting content to this site, you agree to the terms governing users’ submissions as set forth in the Terms of Use. |
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