Tuesday, September 4, 2007

Let's Examine Kimkins TOS

Kimkins TOS (our comments are in red)

All information on Kimkins.com is of a general nature and is furnished for educational weight management purposes only. No information contained on the Site or in any e-mail or private message sent to you by Kimkins.com or its associates is to be taken as medical or other health advice pertaining to any individual’s specific health or medical condition.

So, if we recommend a health supplement, such as a laxative, it's not health advice! It's simply fun, happy conversation!

While it is our goal to provide quality information to you, Kimkins disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any content.

Their quality information is inaccurate and may have been taken from sources that are now irrelevant!

The advice given on Kimkins.com and within its forums is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice.

Eat 500 calories a day, but don't say we told you to! We're not going to design an EATING PLAN to TREAT your obesity! We're just shooting the breeze!

It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all recommendations and content therein.

If Kimkins is wrong, it's YOUR FAULT for not knowing!

Kimkins.com is not engaged in rendering medical or professional services.

But Kimkins charges $60 for their unprofessional services?!

Therefore it should not substitute for the diagnosis and advice of your health care professional and opinions given must not be used in place of diagnosis and advice from your doctor.

In other words, when Kimmer says "laxatives are not addicting" and "there is nothing more dangerous than being overweight", she's WRONG, don't listen to her!

Do not delay obtaining the counsel of your health care professional should you have any concerns regarding what you may have read or interpreted at Kimkins.com.

Doc, Kimmer says laxatives aren't addicting. Kimmer says I don't need to eat because I have stored body fat, or maybe I just interpreted that wrong.....

As with any reduced calorie weight management program, always seek the advice of your healthcare provider before beginning this program.

Duh. But this time, tell them honestly what the plan entails! Unlike the woman who asked Kimmer for advice on how to lie to her doctor after visiting the ER, knowing that he would tell her to get off that crazy diet.

This program should not be attempted by anyone with the following conditions without prior approval from their physician: pregnant or nursing mothers, patients with history of gout, kidney failure or disease, gallbladder issues, those under the age of 18

See that? Those UNDER the age of 18, yet there are teens on the site. Hmmmm.

and those with blood glucose issues such as diabetes or hypoglycemia.

But! But! But! Kimmer says Kimkins is safe for ALL diabetics!

The content relayed on Kimkins.com is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family.

By agreeing to these terms of service you acknowledge that Kimkins is not engaged in the practice of medicine and that all decisions made using the Kimkins content will be the exclusive responsibility of you and your physician.

Meaning - if Kimmer says "eat less calories" and you do eat less calories and get sick because of it, it's YOUR FAULT, not Kimmer's!

Kimkins.com expressly disclaims any responsibility or liability for any adverse consequences or damages resulting from your reliance on the content therein.

Meaning - if you follow the Kimkins diet plan and suffer health issues because of it, TOUGH COOKIES.

You agree, at your expense, to indemnify and hold Kimkins and its associates harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Kimkins arising from or related to decisions or recommendations you make using the advice or content received within.

Uh huh. Who is worried now?

Medusa said...

Great dissection of the Kimkins rhetoric!

theTRUTH said...

So can anyone who joined prior to this notice going up file a class action suit to get their sign up fee back and recover any damages suffered by receiving unprofessional advice? Hmmm.

Kimkins Dangers said...

theTRUTH, I don't know the answer to that question, but it would definitely be worth finding out!

Also, someone suggested that the very content of the website itself (medical advice, health recommendations, etc) disprove the TOS and therefore leave her open to liability. Another question that needs to be answered. :)

OhYeahBabe said...

Encourage people who were members of Kimkins to join the Kimkins lawsuit!

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