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Old 07-09-2007, 12:17 PM   #1801
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Quote:
Originally Posted by RunForYourLife View Post
In an eBay listing that was listed Jul-08-07 13:06:02 PDT for 30 days, the following "chart" is posted, and if you'll note the first "advantage" to Kimkins it says Direct Access to Diet Founder.

Attachment 5772
I don't think so when she says "direct access to ...." I posted several questions and never heard back from her personally. There was NO coaching for me....
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Old 07-09-2007, 12:18 PM   #1802
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I'm not a member there
just looking out for you guys
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Old 07-09-2007, 12:18 PM   #1803
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I hope she already contacted her lawyers...
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Old 07-09-2007, 12:20 PM   #1804
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So....

IF you question her at her website, where she "welcomes questions", you'll be banned and/or the thread deleted, but if banned, it's because it was "annoying" hence your fault hence no refund.

IF you question her or the plan OUTSIDE her website, she'll ban you, with refund, because you didn't do anything to violate her web charter since you weren't in her website while doing it*.

* If your purchase price is $60 instead of half or less that, chances are refund will not be forthcoming. In this case, the ideally timed "SOME people's passwords changed during server maintenance" clause will be used. Those who aren't enemies get a new password. Those who need to be banned, but don't want to be refunded, but can't be claimed to have 'annoyed' at her site because their comments were elsewhere, just might not ever get a new password.

This is only theory.
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Old 07-09-2007, 12:20 PM   #1805
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Terms and Conditions of Use

Please read these terms and conditions carefully. By accessing this website you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions (also referred to as an “agreement” here). Your agreement shown by accessing and using this website is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this website.

Kimkins and its affiliates (referred to as “Kimkins” or “us” or “we”) may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this website constitutes your agreement to all those terms and conditions.


i just read that it says that they can change them anytime and it is your respobility to check IF you do not AGREE then DO not access the site but if you dont access, not agreed to then doesnt that entitle you to a refund since the TOS are no longer agreeable?
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Old 07-09-2007, 12:21 PM   #1806
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I got a response to the second email I sent regarding the pictures.

Quote:
All tickets are deleted after answering. With nearly 30,000 members our database fills rapidly!

However, I'm thinking you might be happier with Atkins, South Beach or Weight Watchers. The cost is much higher and the weight loss slower, but they have a large staff for personal replies. I cannot be an email buddy to 30,000 people.

Kimmer
Notice she doesn't say a word about the pictures? She just responds to a comment made about how I was ignored the first time because she didn't want to deal with it.
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Old 07-09-2007, 12:22 PM   #1807
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THAT REPLY IS SO SNIPPY. omg. and typical.
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Old 07-09-2007, 12:22 PM   #1808
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Terms and Conditions of Use

Please read these terms and conditions carefully. By accessing this website you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions (also referred to as an “agreement” here). Your agreement shown by accessing and using this website is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this website.

Kimkins and its affiliates (referred to as “Kimkins” or “us” or “we”) may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this website constitutes your agreement to all those terms and conditions.


i just read that it says that they can change them anytime and it is your respobility to check IF you do not AGREE then DO not access the site but if you dont access, not agreed to then doesnt that entitle you to a refund since the TOS are no longer agreeable?
I get what you're saying, but it's very funny to read that out loud!
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Old 07-09-2007, 12:22 PM   #1809
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Anyone who is going to push for a refund might want to go snag that eBay ad as it is pretty "fresh" (having been listed yesterday) and (based on what's been relayed here) is full of some false advertising. Perhaps another approach is to let eBay know so they can stop allowing those ads to be placed on their site?

Kathryn
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Old 07-09-2007, 12:23 PM   #1810
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Quote:
Originally Posted by katazzle View Post
Exactly...mostly a lurker here...but it is my understanding are that the TOS to which you are held, are the TOS that were in effect at the time that you joined. One party to an agreement can not will-nilly change the terms of that agreement unilaterally.
even the TOS here on LCF can change at anytime....go check it out

Last edited by CarolinaRocker : 07-09-2007 at 12:24 PM.
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Old 07-09-2007, 12:24 PM   #1811
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even the TOS here can change at anytime....go check it out
but we ain't paying to be here
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Old 07-09-2007, 12:24 PM   #1812
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Wow - she can't be an email buddy to 30,000+ even though this is one of the things she advertises as a reason to take your 60 clams? Huh.

Kathryn
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Old 07-09-2007, 12:25 PM   #1813
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Quote:
Originally Posted by RunForYourLife View Post
Wow - she can't be an email buddy to 30,000+ even though this is one of the things she advertises as a reason to take your 60 clams? Huh.

Kathryn
I like the word "clams"
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Old 07-09-2007, 12:25 PM   #1814
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Quote:
Originally Posted by Lilgrnize View Post
The Kimkins Program is provided in electronic media and as such cannot be returned for refund once purchased and accessed. Members may not harass, annoy, badger, bully or act in an offensive manner to other members or administration. Violators will have their accounts canceled and no refund given.

This just cracks me up! Thanks for the laughs Kimmer. I love those legal terms ...
Quote:
annoy, badger, bully
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Old 07-09-2007, 12:26 PM   #1815
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Quote:
Originally Posted by RunForYourLife View Post
Wow - she can't be an email buddy to 30,000+ even though this is one of the things she advertises as a reason to take your 60 clams? Huh.

Kathryn

Exactly!!
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Old 07-09-2007, 12:26 PM   #1816
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Quote:
Originally Posted by Cryssi View Post
I got a response to the second email I sent regarding the pictures.



Notice she doesn't say a word about the pictures? She just responds to a comment made about how I was ignored the first time because she didn't want to deal with it.
If "TRUTH" be told....its not even her replying but it damn sure sounds like her
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Old 07-09-2007, 12:27 PM   #1817
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Wonder if I'll ever get the word S***er off my forehead????
It's a hard lesson learned, but in consolation, we have all been there and done that in some form or another. Unfortunately I've only been able to learn things the hard way all my life and hindsight is 20/20 as they say.
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Old 07-09-2007, 12:28 PM   #1818
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If "TRUTH" be told....its not even her replying but it damn sure sounds like her
Thank Goodness I have switched to Ice water. It's so much eaiser to wipe off of the monitor (As opposed to diet pepsi).
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Old 07-09-2007, 12:29 PM   #1819
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but we ain't paying to be here
but her TOS says we MAY send you a notice of a change maybe she forgot....30,000 is alot.

Notices

Our notices to you may include notice of important changes to this agreement. We may send any notice to any address you provide, including email addresses, so it is important that all such information you provide to us be accurate.

All Kimkins members agree to receive important notices and our free bi monthly newsletter.

Last edited by CarolinaRocker : 07-09-2007 at 12:30 PM.
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Old 07-09-2007, 12:29 PM   #1820
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In addition to keeping up a complaint with PayPal, contacting your debit/credit card, contacting the BBB, FTC and Attny General (trust me it can take months to get a response from them! But file in your state and I would guess CA since thats where she is supposed to be from)..... does your local TV stations have a "Call For Action" team? In Pittsburgh at least 1 of ours does and you can go to their website and fill out a form(or even call or email them) about the company and the problem you are having with them. It seems like anytime the TV stations get involved, things happen much faster and people get refunds that they otherwise would not have recieved. Plus, there is always a chance that a national station will pick up the story and take it to a bigger level.

Best of luck to all requesting refunds! You all deserve to get your money back!!
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Old 07-09-2007, 12:33 PM   #1821
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No one should feel foolish - I would have signed up, too, had I not crossed swords with her here enough to know that I did not agree with her at all. Plus I just cannot advocate a WOE/WOL that does not include exercise or water-drinking - being a runner, I knew it would never work for me.

But even as I've read these threads I've contemplated other paid sites for dieting. I am even considering those sites because they were highlighted in a national publication!! So - you know, it's easy to want to find something that works for you. In this day and age, we tend to think you get what you pay for, and if this site is charging $60 it must be really amazing! Plus break it down and it's $5/mo, etc. etc. etc. Anyway, I think any of us who've lost weight, are losing weight, or need to lose weight reading this can relate 1000% to any of you who signed up for the site. ESPECIALLY those who signed up to support someone you considered a friend from here!

Kathryn
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Old 07-09-2007, 12:33 PM   #1822
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Quote:
Originally Posted by silversunfire View Post
In addition to keeping up a complaint with PayPal, contacting your debit/credit card, contacting the BBB, FTC and Attny General (trust me it can take months to get a response from them! But file in your state and I would guess CA since thats where she is supposed to be from)..... does your local TV stations have a "Call For Action" team? In Pittsburgh at least 1 of ours does and you can go to their website and fill out a form(or even call or email them) about the company and the problem you are having with them. It seems like anytime the TV stations get involved, things happen much faster and people get refunds that they otherwise would not have recieved. Plus, there is always a chance that a national station will pick up the story and take it to a bigger level.

Best of luck to all requesting refunds! You all deserve to get your money back!!
Great advice.
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Old 07-09-2007, 12:33 PM   #1823
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Originally Posted by RunForYourLife View Post
Anyone who is going to push for a refund might want to go snag that eBay ad as it is pretty "fresh" (having been listed yesterday) and (based on what's been relayed here) is full of some false advertising. Perhaps another approach is to let eBay know so they can stop allowing those ads to be placed on their site?

Kathryn

At the bottom of the auction page, you can report that item for "whatever" reason, if anyone wants to. Enough reports and Ebay might take some action. Just a suggestion here.
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Old 07-09-2007, 12:34 PM   #1824
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Hey, Buddy!
You rock, Tooter!
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Old 07-09-2007, 12:38 PM   #1825
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At the bottom of the auction page, you can report that item for "whatever" reason, if anyone wants to. Enough reports and Ebay might take some action. Just a suggestion here.
That's good advice too.
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Old 07-09-2007, 12:39 PM   #1826
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