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<h2 class="cHeader first">Terms & Conditions</h2>
<hr>
</center>
<p class="cParagraph">Terms & Conditions of Use</p>
<p class="cParagraph">Welcome and thank you for choosing to use the Canyon Ranch @Home™: Weight Loss program. Canyon Ranch Enterprises, LLC (“Canyon Ranch @Home”) offers the Canyon Ranch @Home™: Weight Loss program (“Service”) and this, its website (“Website”), subject to these Terms and Conditions of Use (“Terms”). </p>
<p class="cParagraph">1. ACCEPTANCE OF TERMS OF USE AND PRIVACY PRACTICES</p>
<p class="cParagraph">PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE CHECKING THE BOX THAT YOU AGREE. BY CHECKING “I AGREE” ON THE REGISTRATION SCREEN, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS WITH RESPECT TO YOUR USE OF THE WEBSITE AND SERVICE. </p>
<p class="cParagraph">With respect to any protected health information (“PHI”) that you may disclose through your use of our Service and Website, our <a target="_blank" href="http://www.canyonranch.com/sites/default/files/i/downloads/HIPPAPolicy.pdf">Notice Regarding Privacy of Protected Health Information</a> will apply to how we use and treat your PHI. PHI is data pertaining to health status, provision of health care, or payment for health care that is linked specifically to you.</p>
<p class="cParagraph">We are providing our <a target="_blank" href="http://www.canyonranch.com/sites/default/files/i/downloads/HIPPAPolicy.pdf">Notice Regarding Privacy of Protected Health Information</a> to you electronically via this link.</p>
<p class="cParagraph">Any personally identifiable information that you provide to us through this Website, but which does not qualify as PHI, is subject to our <a target="_blank" href="http://www.canyonranchathome.com/privacypolicy.html">Website Privacy Statement</a>, which describes how we use, share and disclose your personally identifiable information. Please read our <a href="http://www.canyonranchathome.com/privacypolicy.html" target="_blank">Website Privacy Statement</a>. It is also posted on the Website and accessible from the home page.</p>
<p class="cParagraph">Your online one-to-one sessions with our nutrition coaches, fitness coaches, life management coaches and health concierges are confidential and subject to our <a target="_blank" href="http://www.canyonranch.com/sites/default/files/i/downloads/HIPPAPolicy.pdf">Notice Regarding Privacy of Protected Health Information</a> and our Canyon Ranch@Home: Weight Loss program <a href="http://www.canyonranchathome.com/privacypolicy.html" target="_blank">Website Privacy Statement</a>.</p>
<p class="cParagraph">BY CHECKING THE “I AGREE” BOX ON THE REGISTRATION SCREEN, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED A COPY OF, HAVE READ AND AGREE TO THE PROVISIONS OF OUR <a target="_blank" href="http://www.canyonranch.com/sites/default/files/i/downloads/HIPPAPolicy.pdf">NOTICE REGARDING PRIVACY OF PROTECTED HEALTH INFORMATION</a> AND OUR <a href="http://www.canyonranchathome.com/privacypolicy.html" target="_blank">Website Privacy Statement</a> WITH RESPECT TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA.</p>
<p class="cParagraph">If we ever change our Notice Regarding Privacy of Protected Health Information or our Website Privacy Statement, we will post those changes on our Website, and you will be notified of the change on your account dashboard. We will also send an e-mail addressed to the e-mail address you have provided when you register for an account. We will use information in accordance with the privacy policy under which the information was collected.</p>
<p class="cParagraph">Questions regarding privacy issues should be directed to Canyon Ranch @Home at <a href="mailto:enterprises@canyonranch.com">enterprises@canyonranch.com</a>.</p>
<p class="cParagraph">Canyon Ranch @Home reserves the right to change these Terms at any time, without prior notice to any Website visitor. YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF OUR WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND ANY SUBSEQUENT AMENDMENTS TO THESE TERMS. If you breach any of the Terms, your authorization to use this Website automatically terminates, and any of the Materials downloaded or printed from this Website must be immediately destroyed.</p>
<p class="cParagraph">2. YOUR RIGHTS AND OBLIGATIONS MAY NOT BE TRANSFERRED TO ANOTHER</p>
<p class="cParagraph">Your right to use this Website and Service is personal to you and is not transferable to any other person or entity. You may not delegate any of your obligations under this agreement to any other person or entity.</p>
<p class="cParagraph">3. NO MEDICAL TREATMENT OR ADVICE; NO GUARANTEE OF RESULTS</p>
<p class="cParagraph">The articles, documents, catalogs, files, graphics, audio/visual files and other content generally made available on the Website (collectively, the “Materials”) are for informational purposes only and are not intended in any way to substitute for professional medical advice, diagnosis, or treatment. You are encouraged to develop a professional relationship with physicians and other medical practitioners and regularly consult with them to seek their advice. Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard in Materials posted on this Website or from any of the program coaches. You should review any information supplied by program coaches or published on this Website with your own medical professional.</p>
<p class="cParagraph">The Service is not intended as, and you should not consider the Service to be, medical advice of any kind. THIS SERVICE IS NOT INTENDED TO DIAGNOSE OR TREAT ANY ILLNESS, DISEASE OR OTHER MEDICAL CONDITION. Before you begin using our Service, we recommend that you consult with your physician to determine whether the Service is appropriate for you. In addition, Canyon Ranch @Home may cancel the Service (and/or your participation in the Service) at any time for any or no reason upon immediate notice to you, including but not limited to a determination by Canyon Ranch @Home that the Service is not appropriate for your particular circumstances. If Canyon Ranch @Home determines that the Service is not appropriate for you and cancels your participation in the Service for that reason, Canyon Ranch @Home will refund any Service Fees previously charged to your credit card.</p>
<p class="cParagraph">We offer the Service to assist you in reaching your weight loss goals and managing your weight. However, every person is different, and the results each person will achieve from using the Service will be different. YOU UNDERSTAND AND AGREE THAT INDIVIDUAL RESULTS VARY AND THAT YOUR USE OF THE SERVICE DOES NOT GUARANTEE THAT YOU WILL LOSE WEIGHT OR LOSE ANY SPECIFIC AMOUNT OF WEIGHT. YOU ALSO UNDERSTAND AND AGREE THAT CANYON RANCH @HOME DOES NOT GUARANTEE ANY IMPROVEMENT IN YOUR OVERALL HEALTH CONDITION BY YOUR USE OF THE SERVICE.</p>
<p class="cParagraph">4. YOUR USE OF THE SERVICE</p>
<p class="cParagraph"><u>Eligible States and Program Duration</u></p>
<p class="cParagraph">Although this Website can be accessed from locations around the world, the Service is currently offered and available only to citizens of the United States of America who are located in one of the following states at the time the Service is received: Arizona, California, Connecticut, Colorado, Florida, Georgia, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, Texas, Virginia and Washington (each an “Eligible State”). </p>
<p class="cParagraph">The weight loss program that is provided through the Service is a 6-month program featuring up to 24 online coaching sessions, as described in greater detail below. Your use of the Service is subject to all of the Terms stated herein, including but not limited to continued payment of the monthly Service Fee.</p>
<p class="cParagraph"><u>Your Representations and Warranties to Canyon Ranch @Home</u></p>
<p class="cParagraph">When you register for the Service, you represent and warrant to Canyon Ranch @Home that:</p>
<ul>
<li>You are at least 18 years old;</li>
<li>You are a U.S. citizen who will be located in an Eligible State at the time the Service is received;</li>
<li>You are healthy enough to participate in a program that includes exercise, nutritional recommendations and potential changes to your current nutritional habits and caloric intake;</li>
<li>You have not been diagnosed with or treated for any eating disorder, such as anorexia, bulimia, binge eating disorder, diabulimia or other specified feeding or eating disorder;</li>
<li>You are not living with any other chronic health condition(s) or other serious medical condition(s) or disorder(s) that could be adversely affected by your participation in a program that includes nutritional recommendations, potential changes to your caloric intake and exercise, or, alternatively, if you do have such a condition, you have consulted with a licensed medical professional about the Service and obtained his or her express approval to participate in the Service;</li>
<li>The information you provide about yourself is true and will remain accurate throughout the duration of your participation in the Service and that in the event of any changes, you will promptly update your information, including but not limited to your name, address, e-mail address, credit card information and other contact information;</li>
<li>You will provide true, accurate and complete information about your health and health status that may be pertinent to your continued use of and participation in the Service and will update, amend and supplement that information with your program coaches in the event any changes to your health occur while you are using the Service; and </li>
<li>Your computer, computer browser and Internet connection meet our System Requirements (<a href="http://www.canyonranchathome.com/systemrequirements.html" target="_blank">click here to review</a>) </li>
</ul>
<p class="cParagraph"><u>Your Assumption of Risk</u></p>
<p class="cParagraph">Not all of the activities, exercises and other recommendations discussed on the Website, through the Service or communicated by Canyon Ranch @Home representatives are suitable for everyone. When you participate in any specific exercise or exercise program, there is the possibility that you will be seriously injured or even die. Accordingly, you must use your own judgment while using the Service. If you feel discomfort or pain, stop immediately and consult with a medical professional. If you experience any potential or actual allergic reaction to a food or supplement suggested by your nutrition coach and/or described in any Materials on the Website, or you experience any adverse reaction to any changes in your caloric intake, consult with your physician immediately. In the case of an emergency, dial 911.</p>
<p class="cParagraph">YOU HEREBY UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN THE SERVICE, AS WELL AS IN ANY SPECIFIC ACTIVITY OR EXERCISE RECOMMENDED TO YOU BY CANYON RANCH @HOME, IS ENTIRELY VOLUNTARY AND AT YOUR OWN RISK. YOU ARE RESPONSIBLE AND WILL USE YOUR OWN JUDGMENT AT ALL TIMES DURING YOUR USE OF THE SERVICE FOR DETERMINING WHETHER ANY PARTICULAR EXERCISE, ACTIVITY OR OTHER RECOMMENDATION IS RIGHT FOR YOU.</p>
<p class="cParagraph"><u>Your Service Team</u></p>
<p class="cParagraph">When you register to use the Service, subject to these Terms, you will be assigned to a life management coach, who will work with you to help you set goals and provide support and motivation, and you will also have access to a team of nutrition coaches and fitness coaches. These program coaches will participate in online videoconference sessions with you as outlined below. They will not, however, provide you with any medical diagnostic or therapeutic advice. These program coaches may be employees or independent contractors of Canyon Ranch @Home.</p>
<p class="cParagraph"><u>Coaching Sessions and Scheduling</u></p>
<p class="cParagraph">Subject to the continued payment of all fees, and your ongoing compliance with all Terms herein, you may schedule up to a total of 24 coaching sessions during the duration of the program. These coaching sessions are divided up over the course of 6 one-month periods, beginning upon the date you register for the Service; each monthly period is described herein as a “Program Month.” For example, if you register on October 15, your first Program Month would start on October 15 and end on November 14. In each Program Month, you may schedule 3 core coaching sessions (“Core Sessions”) as follows: (a) one Core Session per Program Month with your assigned life management coach; (b) one Core Session per Program Month with a nutrition coach; and (c) one Core Session per Program Month with a fitness coach (for a total of 18 Core Sessions over the 6 Program Month period). You may also schedule up to a total of 2 additional sessions (“Floater Sessions”) during any one Program Month, up to a total of 6 Floater Sessions within the duration of the program. These Floater Sessions may be with your assigned life management coach, a nutrition coach or a fitness coach. Once you have completed your 6 Floater Sessions, you are not entitled to schedule any additional Floater Sessions for the remainder of the program.
</p>
<p class="cParagraph">When you register for an account, you will receive an e-mail requiring you to activate and log in. You will receive a phone call from a health concierge to schedule an orientation session. Your first three one-on-one coaching sessions will be scheduled during your orientation session. Thereafter, you will schedule future one-on-one sessions with your coaches by calling the Health Concierge Desk (1-888-872-5533). It is solely your responsibility to schedule your coaching sessions each Program Month. Coaching sessions not scheduled and/or utilized in accordance with these Terms are subject to being forfeited. We highly recommend that you schedule your coaching sessions as early in your Program Month as possible to maximize the schedule availability of the coaches and to prevent forfeiting any of your 3 Core Sessions. If not used, your Core Sessions cannot be carried forward to a subsequent Program Month. For example, if you fail to schedule or are unable to schedule a Core Session with a nutrition coach prior to the end of any Program Month, that Core Session is forfeited; you may not carry it forward and have 2 Core Sessions with a nutrition coach during the next Program Month (in such case, however, you could utilize any remaining Floater Session to meet with a nutrition coach). Similarly, if you fail to use any of your Floater Sessions during the first four Program Months, you will only be able to schedule 2 Floater Sessions in Program Months five and six and would forfeit the other 2 Floater Sessions. </p>
<p class="cParagraph">All coaching sessions are subject to the availability of the coaches. Although Canyon Ranch @Home will make reasonable efforts to accommodate your preferred days and times, Canyon Ranch @Home cannot guarantee that any particular day or time will be available when you request it. You are not guaranteed any particular day or time for any coaching session until you have scheduled it. In addition, although Canyon Ranch @Home will make reasonable attempts to accommodate your request for a session with a particular nutrition coach or fitness coach, you are not guaranteed to speak with the same nutrition coach or fitness coach each time. It is expected that your life management coach will remain consistent throughout the duration of the program. However, you further understand and agree that Canyon Ranch @Home may replace and/or substitute any of its personnel at any time without any advance notice to you and without your consent.</p>
<p class="cParagraph">If you need to reschedule a coaching session, you must do so at least 24 hours in advance and must reschedule to another date in the same Program Month to avoid forfeiting that session. If you miss a coaching session without having timely rescheduled it, or fail to reschedule a Core Session within the same Program Month, that session is forfeited and may not subsequently be used.
</p>
<p class="cParagraph"><u>No Recording Sessions</u></p>
<p class="cParagraph">You may not record or allow others to participate in, observe or listen to any of your coaching sessions. Likewise, Canyon Ranch @Home does not record your video coaching sessions, although the program coaches may take notes.</p>
<p class="cParagraph"><u>System Requirements</u></p>
<p class="cParagraph">In order to utilize all of the of the features of the Service, including but not limited to video-conferencing for your coaching sessions, your computer, computer browser and Internet connection must meet our System Requirements listed on our System Requirements page, which can be accessed by clicking <a href="http://www.canyonranchathome.com/systemrequirements.html" target="_blank">here</a>.</p>
<p class="cParagraph"><u>Video-Conferencing/Telephone Conferencing</u></p>
<p class="cParagraph">Each of your coaching sessions is intended to be conducted using the video-conferencing feature of the Service. In the event Canyon Ranch @Home experiences technical difficulties with or other unavailability of the video-conferencing feature, the session may be conducted alternatively by telephonic conference. If Canyon Ranch @Home is unable to conduct the session by telephonic conference, then Canyon Ranch @Home will reschedule your coaching session for another mutually agreeable time. In such a case, the rescheduled session would not count as an additional session under the program. </p>
<p class="cParagraph">5. FEES; RECURRING BILLING; NO REFUNDS; CANCELLATION; TAXES</p>
<p class="cParagraph">The Service is provided to you at the cost of $290 per Program Month (“Service Fee”) for six months (a total of $1,740), plus any applicable taxes. At the time of registration, you are required to provide us with a valid, major credit card (“Registered Payment Method”), which will be charged automatically at the beginning of each Program Month. The first month’s Service Fee will be charged to your credit card at the time of your registration. The Service Fee for each subsequent Program Month will be charged automatically on the same day of the month until you have completed the program or have cancelled in accordance with these Terms. For example, if you register on October 15, your credit card will be charged $290 (plus applicable taxes, if any) on that date for your first Program Month. On November 15, your credit card will be charged $290 (plus applicable taxes, if any) for your second Program Month, and so on until you have paid the Service Fees (plus any applicable taxes) for each of the six Program Months. </p>
<p class="cParagraph">You are responsible for paying, and will be charged for, each Program Month’s Service Fee whether or not you use your available coaching sessions during that Program Month. Except as otherwise expressly stated in these Terms, once charged to your Registered Payment Method, all Service Fees are non-refundable.</p>
<p class="cParagraph">By agreeing to these Terms, you hereby authorize Canyon Ranch @Home to charge your Registered Payment Method for the amount of the monthly Service Fee (plus applicable taxes, if any) on the first day of each Program Month during the term of your Service until you have successfully made each of the six Service Fee payments or have cancelled your Service in accordance with these Terms. You will receive an e-mail at the e-mail address you have provided to confirm your registration and payment of the first Service Fee. You will not receive from Canyon Ranch @Home any e-mail, receipt or other notification of payment of the subsequent Service Fees. Your only record of payment for these subsequent Service Fees will be the charge reflected on your billing statement for your Registered Method of Payment.</p>
<p class="cParagraph">If, for any reason, your Service Fee payment is declined, reversed or otherwise is unsuccessful, Canyon Ranch @Home will notify you of the failure of payment by e-mail to the e-mail address you have provided to us. You will have forty eight (48) hours from the time our e-mail is sent to bring your account current and to provide a new Registered Payment Method for payment of all future Service Fees. If Canyon Ranch @Home does not receive your Service Fee payment within forty eight (48) hours of sending the e-mail notifying you of the failed payment, your right to use the Service will be cancelled automatically.
</p>
<p class="cParagraph">If you have questions about any charge, or if you believe there is an error regarding a charge, we have made to your Registered Payment Method, please call us as soon as possible (1-888-872-5533) or send an e-mail to healthconcierge@canyonranchathome.com. You are not liable for unauthorized charges, or for our failure to properly make or stop certain charges as required;</p>
<p class="cParagraph">however, you must notify us regarding the suspected problem or error no later than 60 days after the date of the charge for which you believe the problem or error appears. Your concern or question should include the following information:</p>
<ul>
<li>Your name [and any other identifying information];</li>
<li>A description of the error or the transfer you are unsure about, and a clear explanation of why you believe it is an error or why you need more information; and</li>
<li>The dollar amount of the suspected error.</li>
</ul>
<p class="cParagraph">If you call us with your concern or question, we may require that you follow up by sending us the relevant information in writing within 10 business days.</p>
<p class="cParagraph">Within 10 business days after your call or our receipt of your written statement containing the information described above, we will attempt to determine whether an error has occurred and if it has, we will promptly correct the error. However, we may require up to 45 days to investigate the matter, and if we do, we will temporarily credit the disputed amount to your account within 10 business days so that you will have the use of the money or credit during the time it takes us to complete our investigation. If we ask you to put your concern or question in writing and we do not receive it within 10 business days, we may not credit your account.</p>
<p class="cParagraph">We will inform you of the results of our investigation within three (3) business days after completion. If we determine that there was no error, we will send you a written explanation. In such a case, if we have previously temporarily credited your Registered Payment Method account for any disputed amount, we will initiate, and you hereby authorize us to initiate, a new charge to your Registered Payment Method account for the amount we previously credited. If our investigation determines there was an error in the amount you were charged, we will promptly credit the appropriate dollar amount to your Registered Payment Method account, if we have not previously done so. You may ask for copies of the documents that we used in our investigation.</p>
<p class="cParagraph"><u>Cancellation of the Service</u></p>
<p class="cParagraph">You may cancel your use of the Service at any time by calling 1-888-872-5533 and speaking to a health concierge. Any attempt to cancel your Service by leaving a voice mail or sending an e-mail is invalid and will not be accepted. Subject to the following limitation, upon Canyon Ranch @Home’s receipt of your timely and proper cancellation, no further monthly Service Fees will be charged. In order to avoid a further charge for any Program Month Service Fee, Canyon Ranch @Home must receive your cancellation notice at least 2 days prior to the beginning of your next Program Month. For example, if you register on October 15 and cancel on November 14, your credit card will be charged for 2 Service Fees (one on October 15 at registration and one on November 15 due to insufficient notice of cancellation).</p>
<p class="cParagraph">In its discretion, Canyon Ranch @Home may cancel the Service at any time for any or no reason upon immediate notice to you. In such case, you will not be charged for any additional Service Fees, but you will not be entitled to any refunds of prior Service Fee payments. </p>
<p class="cParagraph">In the event of cancellation by you and/or Canyon Ranch @Home for any reason, you shall immediately discontinue all use of the Service and your license to use the Materials provided to you immediately terminates. Thereafter, if you wish to use the Service, you will have to re-register and pay for the Service as though you were a new subscriber in accordance with the terms and conditions in effect at that time. </p>
<p class="cParagraph"><u>Taxes</u></p>
<p class="cParagraph">You are responsible for all taxes of whatever kind and nature imposed by any governmental taxing authority upon any goods and/or services provided to you. To the extent required by law, Canyon Ranch @Home will collect and remit such taxes by charging your credit card the appropriate taxable amount, if any, at the time it collects the Service Fees. </p>
<p class="cParagraph">6. INTELLECTUAL PROPERTY RIGHTS</p>
<p class="cParagraph"><u>Copyright Information and Personal and Non-Commercial Use Limitation</u></p>
<p class="cParagraph">All Materials and the compilation of all content included on this Website and/or provided to you through the Service are owned or licensed by Canyon Ranch @Home or its affiliates and are protected by United States and international copyright laws. Copyright © 2003-2014. CR License, LLC. All Rights Reserved. </p>
<p class="cParagraph">You have been granted a license to view and use the Website, Materials and Service subject to these Terms. Unless otherwise specified, the Materials are for your personal and non-commercial use. You may not sell or modify the Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Canyon Ranch @Home. You may not provide copyrighted or other proprietary information to Canyon Ranch @Home without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures. </p>
<p class="cParagraph"><u>Notice and Procedure for Making Claims under the Digital Millennium Copyright Act</u></p>
<p class="cParagraph">The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to Canyon Ranch @Home’s Designated Agent listed below. For your notice to be effective, it must include the following information:</p>
<ul>
<li>
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
</li>
<li>
A description of the copyrighted work that you claim has been infringed upon;
</li>
<li>
A description of where the material that you claim is infringing is located on this Website;
</li>
<li>
Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
</li>
<li>
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
</li>
<li>
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
</li>
</ul>
<p class="cParagraph">Canyon Ranch @Home’s Designated Agent is:<br/>
Jerry Cohen<br/>
8600 E. Rockcliff Rd.<br/>
Tucson, Arizona 85750<br/>
520.749.9655 (P)<br/>
520.749.0662 (F)<br/>
<a href="mailto:jcohen@canyonranch.com">jcohen@canyonranch.com</a>
</p>
<p class="cParagraph"><u>Trademarks</u></p>
<p class="cParagraph">CR License, LLC, an affiliate of Canyon Ranch @Home, owns trademarks for many goods and services, including without limitation, CANYON RANCH®, CANYON RANCH @HOME™, CANYON RANCH HEALTHY FEET®, CANYON RANCH LIVING®, CANYON RANCH SPACLUB®, CANYON RANCH YOUR TRANSFORMATION®, EEZZ’S JUICE BAR®, ENERGIZE YOUR SOLES®, FITNESS FOR YOUR FEET™, HEALTHY LIVING ROOM™, LIFE ENHANCEMENT CENTER®, LIFE ENHANCEMENT COMPANY®, LIFE ENHANCEMENT PROGRAM®, LIFE ENHANCEMENT RESORT®, LIFE ENHANCEMENT SPA™, LIFE-SHARE®, LIVING ESSENTIALS®, OPTIMAL LIVING®, THE POWER OF POSSIBILITY®, SOLE ENERGIZERS®, SPACLUB®, and AQUAVANA®. These and other Canyon Ranch @Home affiliated graphics, logos and service marks are trademarks of CR License, LLC and may not be used without prior written consent of CR License, LLC. All other trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners. </p>
<p class="cParagraph"><u>Ideas and Inventions</u></p>
<p class="cParagraph">With the exception of your PHI and other personally identifiable information about you, all comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Canyon Ranch @Home in connection with your use of this Website and/or Service shall be the exclusive property of Canyon Ranch @Home, and you hereby assign to Canyon Ranch @Home all right, title and interest in your Ideas, including but not limited to all intellectual property rights related thereto. You agree that unless otherwise prohibited by law Canyon Ranch @Home may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation and/or attribution to you.</p>
<p class="cParagraph">7. DISCLAIMERS AND LIMITATION OF LIABILITY</p>
<p class="cParagraph"><u>Disclaimers</u></p>
<p class="cParagraph">You expressly agree that your use of Canyon Ranch @Home’s Website and Service is at your sole risk. Neither Canyon Ranch @Home, nor its affiliates, nor any of their officers, directors, employees, contractors, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that this Website and/or Service will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The Materials, information, products and services published on this Website and/or through the Service may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of the Website or Service or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Website and/or Service.</p>
<p class="cParagraph">THIS WEBSITE AND SERVICE ARE PROVIDED BY CANYON RANCH @HOME ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CANYON RANCH @HOME AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.</p>
<p class="cParagraph">CANYON RANCH @HOME AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY SERVICES OFFERED ON OR THROUGH THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE AND/OR THROUGH THE SERVICE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND SERVICE IS AT YOUR SOLE RISK.</p>
<p class="cParagraph">NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CANYON RANCH @HOME NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY OF ANY KIND; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.</p>
<p class="cParagraph">SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.</p>
<p class="cParagraph">If you are dissatisfied with this Website, Service and/or Materials, your sole and exclusive remedy is to discontinue your use of this Website and cancel the Service. You agree that this limitation of remedies applies even if it fails of its essential purpose.</p>
<p class="cParagraph"><u>Limitation of Liability</u></p>
<p class="cParagraph">CANYON RANCH @HOME DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF CANYON RANCH @HOME.</p>
<p class="cParagraph">YOU EXPRESSLY UNDERSTAND AND AGREE THAT CANYON RANCH @HOME AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OR ACCESS THIS WEBSITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CANYON RANCH @HOME OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).</p>
<p class="cParagraph">THE LIMITATIONS OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR OTHER CANYON RANCH @HOME WEBSITES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CANYON RANCH @HOME’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT CANYON RANCH @HOME AND/OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THIS WEBSITE.</p>
<p class="cParagraph">SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CANYON RANCH @HOME SERVICES, FROM INABILITY TO USE THE CANYON RANCH @HOME SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CANYON RANCH @HOME SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).</p>
<p class="cParagraph">SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.</p>
<p class="cParagraph">8. ONLINE CONDUCT</p>
<p class="cParagraph">You agree to use this Website and Service only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Canyon Ranch @Home to be in conflict with the spirit or intent of this Website.</p>
<p class="cParagraph">9. TERMINATION</p>
<p class="cParagraph">These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing your use of this Website and canceling the Service. Your access to this Website and Service may be terminated immediately without notice from Canyon Ranch @Home if in our sole discretion you fail to comply with any term or provision of these Terms, or as otherwise stated anywhere in these Terms. Upon termination, whether by you or by Canyon Ranch @Home, you must cease all further use of this Website and the Service and destroy all Materials obtained from this Website and all copies thereof.</p>
<p class="cParagraph">Notwithstanding any termination hereunder, the following sections shall survive and remain enforceable: Sections 6, 7, 9, 12, 13, 14, 15, 16, 17 and all of your payment obligations to Canyon Ranch @Home, if any, for use of the Service.</p>
<p class="cParagraph">10. INTERNATIONAL USERS</p>
<p class="cParagraph">Access to this Website from locations where this Website or any of its Materials are illegal is prohibited. If you access this Website from a location outside the United States, you are responsible for compliance with all local and/or international laws. The Service is intended solely for use by U.S. citizens who are located in an Eligible State.</p>
<p class="cParagraph">11. SECURITY; MONITORING; AND RECORDING</p>
<p class="cParagraph">If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Website. You are solely responsible for maintaining the confidentiality of your login and password used to access the Service. You are responsible for all uses of your login and password and all activities that are undertaken by anyone using your login and password to access the Service. You agree to immediately notify us if you become aware of any unauthorized use of the Website and/or Service, including but not limited to unauthorized use of your login and password.</p>
<p class="cParagraph">Canyon Ranch @Home reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.</p>
<p class="cParagraph">Canyon Ranch @Home may record telephone calls that you make to the Health Concierge line for its own internal business purposes. You expressly acknowledge and agree to the recording of such telephone calls.</p>
<p class="cParagraph">12. ARBITRATION</p>
<p class="cParagraph">Any dispute relating in any way to your visit to the Website and/or use of the Service shall be submitted to confidential arbitration in the State of Arizona, except that, to the extent you have in any manner violated or threatened to violate Canyon Ranch @Home’s intellectual property rights, or otherwise breached these Terms, Canyon Ranch @Home may seek injunctive, equitable, or other appropriate relief in any state or federal court, and you expressly consent to the exclusive jurisdiction and venue in the states and federal courts in the State of Arizona for such actions. Arbitration under this agreement shall be conducted under the Commercial Arbitration Rules then prevailing of the American Arbitration Association (<a target="_blank" href="http://www.adr.org">www.adr.org</a>). The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms or our Website Privacy Statement shall be joined to an arbitration involving any other party who is subject to these Terms or our Website Privacy Statement, whether through class arbitration proceedings or otherwise.</p>
<p class="cParagraph">13. APPLICABLE LAW/JURISDICTION</p>
<p class="cParagraph">This Website and Service are controlled by Canyon Ranch @Home from its offices in the State of Arizona. As such, by visiting the Website and/or using the Service, even if accessed from a location outside the State of Arizona or the United States, you agree that the laws of the State of Arizona will govern these Terms, without giving effect to any principles of conflicts of laws. Canyon Ranch @Home reserves the right to make changes to its Website, these Terms and our Website Privacy Statement at any time. </p>
<p class="cParagraph">14. WAIVER/SEVERABILITY</p>
<p class="cParagraph">The failure of Canyon Ranch @Home to require or enforce strict performance of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Canyon Ranch @Home’s right to assert or rely upon any such provision or right in that or any other instance.</p>
<p class="cParagraph">The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is ruled to be invalid or unenforceable in whole or in part by any arbitrator or court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.</p>
<p class="cParagraph">15. STATUTE OF LIMITATIONS</p>
<p class="cParagraph">You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website, the Service, these Terms, or the Website Privacy Statement must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.</p>
<p class="cParagraph">16. FORCE MAJEURE</p>
<p class="cParagraph">Canyon Ranch @Home shall not be responsible for any delays or failure in performance resulting from acts beyond its reasonable control, including but not limited to acts of God, acts of war, acts of terrorism, riots, labor strikes or lockouts, telecommunications failures, epidemics, fires, earthquakes, floods or other natural disasters.</p>
<p class="cParagraph">17. ENTIRE AGREEMENT</p>
<p class="cParagraph">These Terms constitute the entire agreement between you and Canyon Ranch @Home with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms or Website Privacy Statement will be effective only if in writing and signed by Canyon Ranch @Home.</p>
<p class="cParagraph">THE SECTION TITLES IN THE TERMS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.</p>
<p class="cParagraph">DATE LAST MODIFIED: October 10, 2014</p>
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