What Happened to Ducky??

27 05 2008

Ducky just decided to fade away into the unknown. The blog was pulled, the photos were pulled. The account wiped clean. Even the email no longer works.

Why??

Did ducky feel like all the work was done in bringing Heidi down??

Did Ducky get cold feet??

We will probably never know why they decided to pack it in. Our many questions will most likely go unanswered.

I may ruffle a few feathers but I’ve got to say my piece here. Many of us have busted our rear ends doing things to further tighten the noose on ol’ Heidi, adding one more nail in the coffin. Does Ducky not realize how much valuable information was lost when they decided to pull the blog. Or do they just not care any more.

I fully understand possible activist burnout. I’ve hit the wall many times over the years in the fight for various causes. But I never just gave up. Deleting the blog was childish in my opinion. If they weren’t interested in the fight anymore it would have been very easy just to leave the blog dormant or pass it on to someone who would use it.

Were they afraid someone may find out their identity??

I say so what.

The fight is long from being over with. The truth STILL needs to be told. Oh yeah….one more thing to say…..

WE AIN’T DONE YET

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Update on Christin

26 09 2007

This morning Christin had an appointment with a cardiologist. Becky just posted an update a Jimmy Moore’s forum that read,

WooHoo! Christin just called on her way home from the doctor, and she is doing well.
I was in tears at some of what she had to say.

She’ll have more to say and blog about, and I’ll leave that up to her.

But, it will have an impact on efforts to shut Kimkins down!

*****

Stay tuned, we’ll update when Christin posts about the cardiologist findings and if her recent health scare was related to the Kimkins diet.





Three Admins Step Up With Dangerous Advice

26 09 2007

What do you get when you combine one confused newbie and three Kimkins admins?

Dangerous advice that may be fatal.

New Kimkins Member
Subject: Frustrated I need help!!

Okie dokie…
well, I know this is my fault, but my weight is going wacky this week. I was 174 on monday and have gone up and down every day between there and 178?!? is this normal? I have usually only been weighing once a week, because when I first started I was going a little crazy with the scale.
Anyhow, I have been very naughty (mostly because I’m caught up in other things) and I’ve not been entering my food into fitday. Shame on me, I know. I HAVE to do this. I feel like it keeps me more honest. (But I dont’ cheat, just have a tendency to overdo with the “extras” like cheese & jello)

ALSO- I’ve been having massive muscle cramps in my legs? I drink at least 2literes of water a day… and I take vitamins, so I dunno what’s up? Do other people get this? My dis-approving family tells me it’s my “diet”

Last- I have been doing well on kimkins. Better than anything my whole life!! But I am constantly being berated by family members and friends that say the way I’m eating is not healthy and it’s too drastic and I’m just going to “get fat again” They even go to the lengths of cutting out magazine articles and printing out things to “prove” to me that what I’m doing is wrong and unhealthy. This is really starting to drag me down and I’m wondering if in fact that has something to do with my wacko weight?

Thanks so much!!

SingingLass (admin and self-professed psychic) replies:

Lots of things can cause little scale hops anywhere in a five pound range or so….water retention, undigested/ expelled food, water intake, TOM…ya name it. I try not to worry about it when I see it, because it always corrects itself out in a day or two, especially if it is water retention or TOM.

You may want to try taking an additional potassium supplement for the leg cramps….when someone non-low carb dieting gets them, it often is prescribed to eat bannas for the potassium. Of course, if it continues to happen, consult your doctor.

I think we all have gone through the ropes of those who are not fully educated on low carb eating etc…and remind yourself that you have done much more research on this then any of them have, and thus can better decide what is healthy for you and what is not. Sometimes other people who do not have the courage, strength, whatever…to dedicate themselves to this kind of WOE and change for their ownselves, try to make themselves feel better by pulling those back/ putting down others who are making that effort. I know that sounds bad, but it is something many people have reported unfortunate incidents of. Hold your chin up sweetie, only you can decide what is best for you.

Next at bat, TippyToes (admin) replies:

In general dieting shifts our water balances and can cause the leg cramping. I take a calcium/magnesium supplement and it does the trick.

Sorry you are yo-yoing for the moment. I must say the one food that causes this for me is the beloved cheese. Try a few days without it and see if it cures the problem.

And then it’s Kimmer’s turn (admin and Heidi Diaz) to reply too, dragging a former admin into it:

KimATC recommends calcium & magnesium supplements for leg cramps. You can read more in the Work Out Zone forum.

Of course the only person who can advise you medically is your doctor — and many people still think you “need” carbs — so why not fax your doctor a copy of the Kimkins diet and ask what he thinks? Many Kimkins members have gotten the “thumbs up” from their docs and are on their way to staving off (or controlling) diabetes.

*****

Note, none of the above admins are medical professionals or qualified to provide nutrition or supplement advice.

No warning was provided to this new member that potassium supplementation itself can be fatal if not done properly.

No one warned her that her leg cramps may be a warning sign of electrlyte imbalance, a potentially fatal condition if not resolved.





Getting to Know Tippy Toes

11 09 2007

One of the newest admins at Kimkins is Jeannie Baitinger, aka ‘Tippy Toes’ in the Kimkins forums and Low Carb Friends forums. For the purpose of keeping things simple here, we’ll refer to her as ‘Tippy’ throughout.

Tippy joined Low Carb Friends back in April 2004 when she started a low carbohydrate diet (Atkins) and weighed 263 pounds. Since that time she’s admittedly struggled to lose the weight desired and declared herself at goal on September 8, 2006 after losing 100 pounds. In the last year she’s maintained her weight between 150 and 155 pounds, alternating between Atkins and Kimkins. Why we make this an issue is that she recently wrote a positive 5 star review at the BBB for Kimkins, on September 7, 2007,

This is the BEST weight loss website I have been to yet! Thanks to Kimkins.com I have lost 112 lbs, have never been sick, got off blood pressure and cholesterol meds and I feel terrific! I have NEVER experienced anything but positive help from the site and I was NEVER told to use laxitives OR lower calories–ever.I cannot say enough good things about the website. I tried other weight loss plans and they did not work but that Kimkins sure did! And I have medical records and pictures to prove it. Just ask me for them.

Within the Low Carb Friends postings she’s made, it’s clear she did not follow Kimkins exclusively.
In fact, through her own posts at Low Carb Friends, we learn she lost 47 pounds following Atkins, stalled for six months, moved to South Beach, then Eat Fat Get Thin, then a Fruit Rotation regiment, then Kimkins, and then finally a rotation of Atkins and Kimkins.

Yet, in the above review she attributes her entire weight loss to Kimkins. This may well be because she was the featured weight loss success recently in the Kimkins newsletter (issue 20). In that feature she states she started with Atkins and then found Kimkins when her weight loss stalled, she was frustrated and “starving and felt terrible…I was desperate.” In that feature she also willingly states she alternates between Kimkins and Atkins. This fact is curious given Kimmer’s (Heidi Diaz) disdain for Atkins and its allowance for higher fat meats and dairy. When we review the situation, it is clearer why Kimmer is open to Tippy saying many of the things she does in her success story. Kimmer is losing staff left and right and needs to replace staffers fleeing her company and site. She knows one thing about Tippy, and that’s her long standing desire to be an Admin at Low Carb Friends, a position she is now more than willing to extend to Tippy now that she, Kimmer, is desperate.We recently learned that over the years Tippy has long desired a position of Admin at Low Carb Friends and has made this desire known to many close to her, including Kimmer prior to her departure from that forum.

Last year Tippy stirred up things on a weight loss challenge thread on Low Carb Friends by being very critical of the Low Carb Friends admins at the time. She made it known she believed she was qualified to be an Admin and when a position as one was not offered, she started passing along private information about the Low Carb Friends admins behind the scenes in emails and Private Messages in an attempt to turn them on each other. In those communications we are told she alluded to questionable behavior by the Low Carb Friends Admins at a pig roast in Tennessee she attended, allegations we will not detail here, but suffice to say included implications of inpropriety between Admins whom were not married to each other.

An attention junkie like Kimmer (Heidi Diaz) she spent months attempting to garner a position of Admin within Low Carb Friends to no avail, but her desire to be one continued.

As soon as Kimmer offered an Admin position to Tippy, she jumped at it and quickly told her friends, expressing her delight at the opportunity. We’re told she said she was thrilled by the “authority” Kimmer entrusted her with and also expressed a grand plan to completely revamp the Kimkins diet plans into something she believed would be healthier and much less objectionable to those concerned over the safety of the plans as currently written.

May we remind her she need only look as far as Becky to see such changes will not be tolerated by Kimmer. Read Becky’s Reasonable Appeal to make changes and Kimmer’s reply point by point.

What is more disturbing than her less than accurate BBB review however, is that she’s taken to doing Kimmer’s biding on Low Carb Friends. In a very recent post there, she laid the groundwork to instill doubts in the minds of those concerned about Kimkins and Kimmer by questioning not only the motivation of those engaging on the Facination thread, but also attempted to lay blame for the entire situation on one individual, former business partner Catherine (whose husband is releasing details of that partnership at Slamboard).

Her post, titled Are We Being Used, includes the following,

Just a thought. Notice the person who started this thread is a junior member (meaning newly registered) and does not continue to post? Notice so many junior members coming in now? It is easy to assume they are from Kimkins site BUT I wonder about the truth in that assumption for many reasons. One, I recall Catherine telling X LCF members how easily identity can change so they could come back without admins knowing it was them… Cutie–remember that? Two, I notice the junior members seem computer savvy enough to post info and pics I would not have a clue about myself… Now I am not saying every single junior member here is ficticious. But I think many may be. Tom, can you check out this possibility?Is it possible this whole thing has been created by the ex biz partner, who is clearly mad as heck? Also, keep in mind it is the same creator of slamboards and…perhaps Ducky? Oddly enough, Catherine admits it was her idea to start a website for Kimkins–not Kimmers. So I don’t think Kimmer spent countless hours here plotting but I think Catherine did. Also, Catherine just thought Kimkins was a wonderful plan and fully endorsed and followed it, according to her. Until the partnership disolved, that is. Now it can kill you…WTH?

And the Kimkins survivors blogs… Are they real? How do we know? And the 14 year old–was that real?
The threats to anyone who is a moderator for her site–threats of fraud and lawsuits… A bully tactic for sure to intimidate them into walking out. The claims of KimATC being 50 lbs over weight…How rude was that, asking her how that Kimkins diet was working out? In fact, that statement points that Kimkins doesn’t work and we have established it does. We all have weight problems which is why we diet. The pressure is on–but by whom? The reasons seem pretty obvious.

Don’t get me wrong. I KNOW there are some of those people here in a genuine manner. I know a couple of you from her site and I know you had concerns (even if you are ALL at goal now thanks to her diet). I do not agree with cutting calories further in the event of a stall either. But perhaps Kimmer was in the learning process herself and it was a bad decision, or mistake. And maybe Kimmer did gain weight back and won’t tell. Take a good look around this site. How many people have gained their weight back and refuse to remove the skinny avitor pics and change stats accordingly? I think many of us are guilty for that.

Are we all puppets on a string being manipulated by a raging X partner?

We know in the past Kimmer has taken to manipulating situations to motivate individuals to do things they might not do on their own. An example of such behaviour in the past is the January 2007 blog by Jimmy Moore, where he attacked Low Carb Friends and did so in a scathing and vicious manner. He’s since retracted that post, but our memory is long here and we’ve been told that Kimmer’s input was indeed the impetus for that post.

It’s interesting that many of the points Tippy brought to her post at Low Carb Friends are now the same points Kimmer is trying deperately to convince her members of within the Kimkins forums. It appears much of Tippy’s post contents were scripted by Kimmer. Tippy seems unaware of the manipulative instincts of Kimmer and may not realize how she too is now being used by her as a means to an end.We ask this, Tippy how could you associate yourself with Kimmer given all the facts now in the public view?

EDITED TO ADD
We’d like to remind readers that this is the same Tippy Toes who organized the fundraiser for Kimmer’s (Heidi Diaz) phantom foster children last summer. Tippy accepted the position of Admin after revelation of the fact Heidi Diaz has no foster children and has not had foster children in her care since at least 2000.





Kimkins Members Attack Child on Kimkins Forum

7 09 2007

In an update following the dangerous advice to the 14 year old girl within the Kimkins website (clearly contrary to Heidi Diaz’s claim that teens are not allowed in her site), the teen posted that she’s doing better, eating more calories and seeking advice for health outside the Kimkins site. In what can only be described as a viscious attack on this child, members were quick to reply with the following, and keep in mind these are adults replying to a child,

OSusana: Glad you lost the weight on KIMKINS…. You didn’t LOSE iT eating bananas and bread, peanut butter and oatmeal…
You lost it following Kimkins…. Good for you…
We are here to lose weight just like you did…. DOING KIMKINS…. why on EARTH would we want to break away and go eat bananas
and all the other carbs that made us fat….?

Surley you jest…. pffftttt…

.o.. go eat your peanut butter and banana sandwiches….

Another adult, who appears to know this is a child, replies,

this topic you created called its NOT over…. we ADULTS know how to eat well and HOW to encorportate other types of food back in our lives in moderation, we also know how to see our medical doctor for any concerns and we adults know how to take our multi-vitamins daily.. It’s NOT about the food, its about how you live your LIFE. I am happy that you lost the weight and then created a plan that is good for YOU.

Kimmers way of eating has saved thousands if not millions of lives and WE LOVE KIMMER and protect her from people like YOU.

so please go about your merry way and take your ass on!

The thread has since been deleted, but email verifications of its existence and all posts made remain. Amazing how adults treated this child, isn’t it?

22 comments

Comments feed for this article

September 7, 2007 at 3:53 pm

Kim

How could anybody do this to a child? Let alone a child who is obviously reaching out for help. My guess is, the 14 year old probably got banned too.

September 7, 2007 at 4:22 pm

kkatastrophediet

Yes and apparently I was banned over this thread for informing the obnoxious posters that it was a 14 year old–rethink your posts.
I also told the girl Congrats and she should start her own blog, with permission of course.
Definitely a reason to be banned from a site I PAID FOR. Thread’s gone but I have screen shots, so, it’s not forgotten…

September 7, 2007 at 4:26 pm

OddManOut

“Kimmers way of eating has saved thousands if not millions of lives and WE LOVE KIMMER and protect her from people like YOU.”

I’d like to see the statistics to back that claim. After they’re finished genuflecting.

September 7, 2007 at 4:26 pm

kkatastrophediet

And, another thing–the posters claimed not to know it was a 14 year old, and that she should let someone know. How about we do two things:
1) Don’t allow minors to remain members by refunding their money and blocking them AND
2) You posters (you know who you are) should not speak to anyone that way–what makes you think it is okay if it is a grown up? Open mouth insert FOOT.

September 8, 2007 at 7:26 pm

osuzana

My comment is THIS!

I made the comment to the poster, not knowing she was a 14 year old… HOW would anyone know that?

and Don’t you dare chastize me about how a person should address another adult on this issue… You all created this heat…at LCF
I have been to the LCF and read the horrible way peolpe over there referred to the people on the Kimkins web site…

We were “brainwashed” idiots who were drinking “the kool aid”
nice huh?

These are Outrageous statements, and there were many, many more..

My comments to this so called 14 year old were justified… after SHE made comments about how she lost the weight successfully while ON Kimkins,

and then turned around urging everyone to get out while we can… and then wondering if she would get banned because of it??

I was defending the web site and the plan…it works…she just admitted that!
And you bet, there are a lot of people on edge at that web site…so of course we will defend it, and since there was no way of knowing she was 14 we defended it as though she were any other of the adult moles in there spying stealing peoples posts, and spreading BAD AIR, and urging people to defect.

I simply told her to go eat her peanut butter and banana sandwiches, after SHE JUST GOT DONE BRAGGING in that very post that was WHAT SHE WAS eating! although not in that order…

I am so SICK of seeing half truths about this diet.
WE DON”T CARE ABOUT KIMMER…..we are there to lose weight, can’t you GET that?
I don’t want to have coffee with her, or see if she pays her taxes.

many of you have NOT even done the plan, so how would you know?
and most of you ignore the fact, that this plan WORKS!!!

and you ignore the fact that many did not join the web site to sit with kimmer…whomever she is…. WE DON’T CARE!!!

The web site is “us” the people who enjoy being there!
We have formed a wonderful community there, it is the people on the web site that make the web site what is is … not Kimmer..

Now that it is invaded by LCF worms it is very hard to be there anymore.
and that is sad…

Let me ask you this… when you joined LCF…did you join it for TOM? or for the community support?
I joined LCF for the support and when I joined I didn’t even know WHO Tom was …nor did I care.

I’m beginning to care tho’ because of the blood thirsty lynch mob his site has spawned… what is going on there, is no better than what kimkins is being accused of… ruthlessness on both sides..its sick!

I have read posts on LCF stating how horrible the Kimkins site is because of her deleting posts and banning people, and reading PM’s

ARE YOU KIDDING ME???? SERIOUSLY????
I think she learned how to do that FROM LCF. What a joke!
WHAT A JOKE! Are you all forgetting something??
LCF was the forerunner of Kimkins… she got good training.

It’s time LCF looks in its own back yard and cleans it up, before it goes any further launching vendettas against someone else!

I am leaving Kimkins… Not because of anything that the community there has done…
but because of the underhanded deviousness that LCF has allowed to happen there.. when I post something and then see it elsewhere and only with half the truth, then I consider that deviousness, and just outrageous…

when you have to go STEALING peoples posts and twist them to your own way of thinking, or not state the whole truth, wellll… then something is just messed up!

Don’t have enough ammunition for your hate vendetta?… OK go dig some up and twist it your way… NICE!

as FOR THE 14 YEAR OLD…I AM SORRY TO HAVE OFFENDED HER… not my intent to a 14 year old… that is NOT who I am.
But she wrote what she wrote…and are you all saying a 14 year old can’t think abnd write what she feels because she is 14?… hogwash!
I knew what I was doing at that age. 14 year olds are NOT stupid!

Stop looking for excuses to fly your evil plane… stop using a 14 year old to keep your hate crusade going .
Get over it!

You need to know I am not defending Kimmer…. I am defending my post over there, and the GOOd people on that web site!

——————–

Thank you for stopping by. You’ve spectacularly shown the world exactly the type of person you are. Bravo!

September 8, 2007 at 10:17 pm

osuzana

Thank you for stopping by. You’ve spectacularly shown the world exactly the type of person you are. Bravo!

You are so very welcome!…
perhaps I have shown the world that there are 2 sides to every story… and exposing, and explaining, something that is misleading is the RIGHT thing to do!

The “Sensationalism” in this headline is VERY misleading, It reads like a rag sheet ……like the National Enquirer….
NO ONE “ATTACKED A CHILD” tell the WHOLE true story… (yeah right)!

September 9, 2007 at 1:02 am

kkatastrophediet

It was Kimmer’s responsibility to block her access, per her stated “policy” as soon as she knew she was a teen. Instead she advised her she didn’t need anymore calories, KNOWING FULL WELL it was a teen. You don’t care who Kimmer is? Many members don’t. What does that say? There are MANY good people on that website, and thanks to the fact that I tried to let you and others know it was a 14 year old girl, in a non-confrontational way, I might add, I WAS BANNED. Were you? I was on that site for a year, and it is an awesome place for support. Unfortunately it is also a place where teens are told to not eat more (true, whether you want to admit it or not), where people are manipulated (you’ve seen Becky’s blog, right?) and where the owner is involved in shady business practices. If you are not defending Kimmer, does it really matter what address is on your screen and where your support comes from? No, if you’re not defending Kimmer, it shouldn’t.

September 9, 2007 at 1:17 am

GinaC at LCF

Good thing you don’t ‘CARE ABOUT KIMMER’ cause apparently Kimmer don’t care about you. Don’t believe me? Go read Becky’s latest!

September 9, 2007 at 1:27 am

graciej

Hi Osuzana,

Just wanted to let you know that I posted your comments at ALC, not LCF. I posted the whole thing. I didn’t twist it. How was it “half truth”? They were your words.

I find it hard to believe that you didn’t know that she is 14 because she has been a topic of much discussion on this blog and lcf for the last few weeks. But even giving you the benefit of the doubt that you didn’t know she is 14, there is no excuse for that type of post directed at anyone. It was rude, period. But really, it was typical for you.

I have done kimkins. I have experienced the negative side effects that have been discussed here and elsewhere. I will continue to shine the light on the inside goings on of kimkins.com until that site no longer exists.

September 9, 2007 at 1:31 am

mariasol

How would you NOT know that she was 14? She had her pics in her signature (the same ones that have been posted all over the internet by now) AND there is that little button under her name that shows her birthdate when you click on it. This girl never hid her age on the board.

September 9, 2007 at 1:45 am

Karen

So, Osuzana…you don’t care that Kimmer sells her website and her diet plan based on her own success with it….even though that success has been proved to be a lie?? Have you read the blogs about Kimmer? Do you see all her lies? The lies she has been telling for years? And that honestly doesn’t bother you???
I really can’t understand that mindset.

September 9, 2007 at 1:56 am

Kimkins Dangers

So.. you’re all so close over there, such a great bonded community, so tight knit and loving and all that.. but you didn’t know that regular poster (who WE all knew) was a teen? Riiiiiiight.

September 9, 2007 at 2:31 am

Kimmerexia

osuzana freaks out: “We were “brainwashed” idiots who were drinking “the kool aid”
nice huh?”

That’s “brainwashed idiots who were drinking the SUGAR-FREE Kool-Aid,” hun.

Diet Coke flavored. That way it’s even allowed during extended periods of fasting and laxative abuse.

September 9, 2007 at 7:17 am

kkatastrophediet

Were you banned? Let us know! List being compiled at
http://kkatastrophediet.wordpress.com/

September 9, 2007 at 2:21 pm

ban kimmer

Again I maintain WHAT THE HELL IS WRONG WITH YOU? Every kimmeroonie supporter is so angry and ugly when posting. Sorry that some of us found fault in the way you spoke to the teen. Let me make it easier on you, I don’t care if you were talking to a kid or adult your post was juvenile! Go eat your peanut buter sandwich? That’s so stupid. You sound like the fat kid at the playground picking on all the other fat kids.

We, the people who actually care about people haven’t even made those fat joke comments to your leader as we have all been there done that at some time.

Why is it ok for you to make ugly comments like that?

Because you are just as bad as her. You don’t care about anyone but yourself, and you don’t care about anything but the diet working.

Well punkin I’ve said it before and I’ll say it again….the diet does work, so does crank, heroin and tape worms but no one is touting useing those are they? DUH! Of course if you stop eating and drink only water or diet coke you’ll lose weight a retarded monkey could have figured that out. What you need to understand is you are doing damage to your metabolism.

But don’t think about that now. And when you are 40 yrs old and you can’t lose all the weight you will gain back let’s see who’s hurling fat jokes then ok? Sheesh!

September 10, 2007 at 1:22 pm

Bye-Bye Osuzana! « Kimkins Exposed

[…] Monday, September 10th, 2007 in low carb friends, online tracking, Low-Calorie Diet, Kimkins Diet, kimkins fraud, kimkins controversy, Osuzana, kimkins admins, kimkins dieting, Kimkins.com, vLCD, dieting, lies, Diet, Weight Loss, Low-Fat, Malnutrition, Heidi Diaz, Kimmer, Kimkins, security In a very vocal diatribe recently, Kimkins member Osuzana made quite a spectacle of herself here in comments. […]

October 3, 2007 at 7:33 pm

schemingturkey

hey everyone,

i just joined and wanted to say hi. 🙂

October 19, 2007 at 6:44 pm

hollywoodheidi

Hi! I just found this forum and it looks really cool.

Now, I gotta run off and read some posts. 🙂

October 25, 2007 at 2:01 pm

Speajepireeld

What’s Up?,

I’m just starting here. And it feels like an awesome forum.

I just wanted to give a nice hello to all of you here. 🙂

-Dana

November 14, 2007 at 11:14 am

keydaytaf

Hello
I’ve just registered at the forum. This is my first message.
Please don’t become angry about me.
Thank you.

January 3, 2008 at 1:22 am

WhereistheLOVE

osuzana’s comments, her demeanor and energy in general is what perpetuates the stereotype that women are “catty”.

April 11, 2008 at 4:52 am

upliftist

Hello my friends 🙂 😉





Kimkins Imploding from Within

5 09 2007

Members are slowly coming to realize the deception.

A member wrote:
I just read on Christin’s blog that she had health problems from the woe.   She told everyone she was given a clean bill of health.  I guess that ws after she was treated for the problems?

Another just replied:
Im not sure if it was Christin that said she got a clean bill of health or those were Kimmers words.
Nevertheless the truth is coming out about this plan.
Of course we all want to lose weight
Of course we want to lose it fast
But long term damage to your health wasnt listed as one of the side effects when i signed up
Of course your going to lose weight only eating 500 calories a day ….duh
The real Kimmer needs to show herself as she is not who she says she is
She had her stomach stapled many moons ago to lose weight
And has since regained it all plus some
they’ve found out the truth
Stay tuned to the news and magazines…….





Legal Liability Questions at Kimkins

5 09 2007

Yesterday Kimkins Dangers took a moment to review the recent updates to the Kimkins site Terms of Service (TOS). It’s an interesting read.

While we are not lawyers, nor play them on TV, it is notable to state here that disclaimers on websites won’t stop staff members from being liable when they do something that may be construed as a civil wrong, such as negligance, or fraud, or other infractions that may exist in your jurisdiction. This holds true whether paid staff or volunteer staff on a website.

When money is charged for membership, which includes advice, a disclaimer acts as a warning to those paying and does not shield staff from prosecution if they step over bounds set by law.

No disclaimer can be contrary to the law.

If the law is that one cannot practice medicine without a license, a disclaimer worded to allude to such not applying within the confines of a website is moot. If a staffer unwittingly provides advice which falls within the definition of medical advice, they may then be subject to prosecution under the law which stipulates one must hold license to practice medicine.

No disclaimer may be contrary to the law.

Anyone who charges for advice often must have a license (depends on type of advice given) or they and their staff will be subject to penalties which could include fines, loss of an ability to attain license in the future, or even jail.

The laws vary by state, but the internet is across state lines, thus anyone actively participating as a staff member on a website must do their due diligence to understand how the law applies to their circumstances and consider their liability should suit be brought either criminally or in civil court in the future.