Kimkins Notice – Opt Out Option
Filed under: Diet, Legal Stuff, kimkins, paid memberships
The following notice is presented for those who may need information on how to not participate in the Class Action Lawsuit against Kimkins.
Why would you want to do this?
Well, for one thing, maybe you like taking diet advice from someone who lied about their weight and used fake pictures from Russian Brides sites to promote her site.
A better reason might be that you did suffer some serious physical consequences and you will need to sue Heidi personally. Just know, if this would be your reason I am truly sorry for ailments you have faced and hope you are well or getting well.
Ok, so here is the information if you wish to duck out the back door:
NOTICE OF PENDENCY OF CLASS ACTION
TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.
INTRODUCTION
1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.
2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.
3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.
4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.
THE LITIGATION
The Plaintiffs’ Claims
5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.
6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:
• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.
The Defendants’ Position
7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.
THE COURT’S CLASS-CERTIFICATION ORDER
8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.
9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.
THE COURT HAS NOT EXPRESSED ANY OPINIONS
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS
10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.
INSTRUCTIONS TO CLASS MEMBERS
11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.
OPT OUT OF CLASS ACTION LAWSUIT
12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.
WHERE TO GO & WHOM TO CONTACT
SHOULD YOU NEED MORE INFORMATION
13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:
• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.
• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:
John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879
Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017
Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232
If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.
There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.
DATE: ___________________________, 2009
____________________________________
Hon. _________________________,
Presiding Judge
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Free Video Reveals the #1 Secret to Using the Micro-Continuity List Building Tactic
Filed under: Free Stuff, listbuilding, micro continuity, paid memberships, video
As if the free video itself was not enough, the introductory video on Micro Continuity reveals a list building tactic that can be used for more than just the Micro Continuity internet marketing plan.
Video marketing can be very powerful. One of the current issues is many are still scrambling around to figure out just how to make the most of video marketing efforts.
A cookie cutter system is exposed by Russell Brunson in his Micro Continuity system.
I actually discovered a secret in the process of looking into Russell’s sneaky tactic. I always find that experiencing a process helps me to better understand it – so that is where I’m going to go.
This secret is something not mentioned or discussed in Russells video, and will actually enable you to get the most out of using his list building tactic.
Check out this video:
Share this Post[?] Micro Continuity Analysis
Filed under: membership sites, micro continuity, paid memberships
Membership sites are big these days as a way to set up a long term residual income. The “set it and forget it” idea is one of the most alluring things about creating your online business.
One of the primary questions is – what makes Micro Continuity any different from other membership sites?
Being co-owner of a membership site myself I was able to pinpoint one of the biggest issues and how Russell’s plan avoids the complication and lifts a huge weight from people like myself.
The current model of membership site created by myself and my partner requires adding additional products and information to our members on a regular basis. We give our members detailed video tutorials on how to do things on the web, ebooks on different parts of marketing, and ready made business in a box or templates for sites.We currently offer a couple of different payment options. There is the monthly payments and there is a one time life time membership.
Not only is it a struggle each month to decide just which materials should come next – but even more of a struggle to spend time loading new materials to the site. Each material needs to be categorized properly and formatted correctly for the server to take it. We had selected a script as well that is able to handle these tasks – but was not cheap and has taken time to understand in itself. I am still learning parts of it to this day.
Within Micro Continuity, you create a smaller type of members site. It is along the lines of an eight week course or what ever the duration you choose. Members are delivered their information in smaller bites, allowing them to really digest the information presented to them. Like taking a course in school. They are also billed this way – so take for instance a $200 product. Not everyone wants to fork up $200 all at once. Members sign up for monthly payments or weekly – depending on the model you choose to set up. The idea is to allow the member to take as much of the information as they choose for as long as they choose to take it. In addition, you are letting the member know up front that there is an end to the course and a cap on what they will be charged at the end.
Once you have created your product for the site, there may be no need to update the information for a while – or even at all depending on the product.
Once a user is done with a particular course, you then may have the option to promote another course to that member provided it is niche relavent.
The video Russell uses to show how to get your leads for use of the Micro Continuity system presents 2 other great concepts which are explained in great detail and expected results can greatly increase ones leads for any product they are promoting.
Click here to check out the free video on Micro Continuity.
Share this Post[?] Free Video Reveals Russell Brunson’s Microcontinuity
Until just last night, I had heard the name Russell Brunson, but had never seen him. I had initially pictured some old man who had been on the IM racket for some time and was probably drab and boring. Boy was I wrong.
So I got this email from my friends over at Sitefling saying there was this video and I should check it out. I know Justin Brooke, and he was kind enough to get me on track with a campaign earlier this year and while I don’t have time to look at everything sent to me, something made me click through.
So, I was taken to an almost hour long video on this guy Russell Brunson. When I realized how long this video was going to be, I thought here we go again. Usually these long videos are a real turn off and I just don’t have time for a video that really doesn’t “tell” me anything.
I watched every minute and was completely in awe.
This video was worth every minute of watching it.
Russell has a lot of energy, and is extremely engaging. The secrets revealed in his video will blow you away.
Anyway, I highly encourage you to go on over and check it out.
The plan he introduces is absolutely viable.
The opportunity does revolve around creating a mini type of members site, but there is a way to work some of the techniqes discussed into several angles.
I have found a FREE report that can enlighten you on some of those other ways.
http://www.internetmarketingplan.me/strategyplanner/
The report is about 21 ways, but actually creating membership sites is one of those discussed and so it ties in nicely with what you’re about to discover from watching Russell’s videos.
Go and grab that report, and be sure to check out Microcontinuity!
Share this Post[?] Website Moderators – Completely Unappreciated
Filed under: Tippy Toes, Uncategorized, kimkins, membership sites, paid memberships
I just returned from a visit over at Jeannie’s new blog.
Here is a quote from a letter from Kimmer (Heidi) to Tippy Toes (Jeannie), who at the time was still in support of the Kimkins Diet. For the record, Tippy no longer endorses Kimmer or Heidi Diaz.
If you are subpoenaed then of course you answer everything truthfully. Which is — all you know is Kimmer, you get paid to moderate (babysit) the forums and you don’t know anything about Kimmer’s “partners” — because you don’t. This is why the guy is doing this because he doesn’t know anything.
Kimmer kept Tippy in the dark. She really didn’t know a lot of what was going on. Tippy also trusted that Heidi was not lying to her. But what I got a kick out of here was Heidi referring moderators as babysitters. Moderators of large websites are not given the credit they deserve. They are not just “babysitters.”
Moderators are there to protect the site they are working for. Typically, someone chosen to moderate a site has great familiarity of the topic or niche of the site. They are there to support members, show them where to find information on the site when a member is lost. They protect the site against web spam, and automated scripts that sign up to sites for the purpose of spamming links across the web. Yes, there are scripts that go out and spam thousands of websites in one shot by finding forums and just spamming fake names and posts. Amazing huh?
Anyway, it is up to live people to spend hours of their time, not just to help the members of a site but to ensure the safety of those members and keep a site clean from spam and in tip top shape.
Some moderators are paid, and some are not and just do it for the love of the site. Either way, it is work, and it is a job. It should be respected. I don’t know why Heidi felt it necessary to add that term in there of “babysit” but I find it rude and disrespectful of Tippy.
Moderators are a way for a successful forum owner who is making money to outsource the real work that needs to be done to keep their site a continued great place for the members.
This paragraph is loaded with some other things, but I’ll save those for later.
Share this Post[?] Google Nemesis Raising the Price – Puhleeze!
I got 2 emails from Chris McNeeney. Looks like they sucked in over 3000 members to Google Nemesis, and on top of that he is raising the price – as if 67 buck a month wasn’t enough.
I don’t think his membership site is all that. Honestly, I don’t think it is worth it. I said it before, Customer Review Videos is a much better deal.
Chris has managed to muster up some heard or is it hurd mentallity?
Anyway, don’t fall for it folks.
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