Institute for Sound Health & Integrative Medicine
CLIENT AGREEMENT

Please read this agreement carefully: By using our services and our Web sites, the following information applies in all legal matters. This includes the plan or plans you’ve chosen. Please file it in a safe place.

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By using our services and/or our Web sites, you’re bound by its conditions. It covers important topics such as how long it lasts, fees for early termination and late payments, our rights to change its conditions and your service, limitations of liability, privacy, and settlement of disputes by mediation and arbitration instead of in court. This agreement will apply to your service from us, including all your existing plans.

Your Plans of Service. YOUR SERVICE PLANS BECOME PART OF THIS AGREEMENT. The prices you pay may depend in part of how long – the minimum term – you’re agreeing in advance to do business with us. Service plans describe these prices and your minimum term. To the extent any condition in your service plan expressly conflicts with this agreement, the condition in your service plan will govern. If at any time you change your service (by accepting a promotion, for example), you’ll be subject to any requirements, such as a new minimum term, we set for that change.

Your Rights to Refuse This Agreement. THIS AGREEMENT STARTS WHEN YOU ACCEPT. Paragraphs marked “∞” continue after it ends. You accept when you do any of the following things after an opportunity to review this agreement;

IF YOU DON’T WANT TO ACCEPT, DON’T DO ANY OF THESE THINGS.

Your Rights to Change or End Your Service; Termination Fees. ∞Except as explicitly permitted by this agreement, your agreeing to maintain service with us for a minimum term. (Periods of suspension of service count towards your minimum term unless we authorize the suspension.) After that, you’ll become a month-to-month customer under this agreement. YOU MUST PAY UP TO $175 PER ACCOUNT AS AN EARLY TERMINATION FEE IF YOU CHOOSE TO END YOUR SERVICE BEFORE BECOMING A MONTH-TO-MONTH CUSTOMER, OR IF WE TERMINATE IT EARLY FOR GOOD CAUSE. (This fee applies only to the extent permitted by law). If you terminate your service as of the end of your minimum term, you won’t be responsible for any remaining part of your monthly billing cycle. Otherwise, all terminations by you during a monthly billing cycle become effective on the last day of that billing cycle. You’ll remain responsible for all fees and charges incurred until then and won’t be entitled to any partial month credits or refunds. If you decide to restart service after termination you will be charged a reactivation fee of $250.

Our Rights to Make Changes. Your service is subject to our policies, practices and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE OUR SERVICE AFTER THAT POINT, YOU’RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE. Your statement or bill is our notice to you of your fees, charges and other important information. You should read everything in your statement. We may charge a fee for statement reprints.

Payments, Deposits, Credit Cards, and Checks. ∞ Payment is due in full as stated on your statement. IF WE DON’T RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU A LATE FEE OF UP TO 1.5 PERCENT A MONTH (18 PERCENT ANNUALLY), OR A FLAT $5 A MONTH, WHICHEVER IS GREATER, ON UNPAID BALANCES. WE MAY ALSO CHARGE FOR ANY COLLECTION AGENCY FEES BILLED TO US FOR TRYING TO COLLECT FROM YOU. We may require an advance deposit (or an increased deposit) from you. We’ll pay simple interest on any deposit at the rate the law requires. Please retain your evidence of deposit. You agree that we can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. You can’t use a deposit to pay any bill unless we agree. We can refund final credit balances of less than $1 only upon request. We won’t honor limiting notations you make on or with your checks. We may charge you up to $25 for any returned check, depending on applicable law.

Our Rights to Limit or End Service or this Agreement. You agree not to resell or assign our service to someone else without our prior written permission. You also agree the products or services we provide won’t be used by any person not enrolled in a sound and/or nutritional program with Your Health Your Choice (or any of its affiliate organizations) or used for any other purpose that isn’t intended or allowed by this agreement or that’s illegal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, including, but not limited to: (a) paying late more than once in any 12 months; (b) incurring charges larger than a required deposit or billing limit (even if we haven’t yet billed the charges); (c) harassing our employees or agents; (d) lying to us; (e) interfering with our operations; (f) becoming insolvent or going bankrupt; (g) breaching this agreement; (h) “spamming,” or other abusive messaging or calling; (i) modifying the sound technology, nutritional/homeopathic products and/or accompanying programs from their intended purposes and/or specifications; (j) providing credit information we can’t verify; (k) using your service in a way that adversely affects our network or other clients; or (l) allowing anyone to tamper with the sound technology. We can also temporarily limit your service for any operational or governmental reason.

Your Privacy. ∞ Except as provided in this agreement, we won’t intentionally share personal information about you without your permission. We may use and share information about you: (a) so we can provide products or services; (b) so others can provide goods and services to us, on your behalf; (c) for research and/or educational purposes; (d) to protect ourselves; or (e) as required by law, legal process, or exigent circumstances. In addition, you’ve authorized us to investigate your credit history at any time and share credit information about you with credit reporting agencies. If you ask, we’ll tell you the name and address of any credit agency that gives us a credit report about you. For training or quality assurance, we may also monitor or record our calls or other communications with you.

Disclaimer of Warranties. ∞ WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR PRODUCTS. WE CAN’T PROMISE UNINTERUPTED OR ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANONE ELSE. You recognize that it is impossible to maintain flawless security. You are responsible for protecting your private passwords and files. You are solely responsible for any damage caused by unauthorized access of your account. We cannot and do not screen content provided by any Internet users. We have the right, but not the obligation, to remove or block access over the Internet to any communications and materials that we believe violate our policies, or any laws of any jurisdiction we serve.

Waivers and Limitations of Liability. ∞ UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. You agree we aren’t liable for problems caused by you or a third party; by crashes and/or downtime of Internet servers, equipment and telecommunication links. We cannot warrant that we shall maintain a continuous and uninterrupted link; by things we don’t control; or by any act of God.

Confidentiality, Non-Disclosure, Non-Competition. ∞ You understand that information shared with you through our Web site on the Internet, telecommunication or in person, or provided to you through sound technology, or nutritional/homeopathic protocols necessary for you to use, sell, or promote our services and/or products and/or programs constitutes Proprietary Information, whether marked or unmarked as such. You understand the need for confidentiality and agree to the following: (a) You shall not disclose any Proprietary Information to anyone, including family and friends, except those who agree to these terms as well; (b) You understand that all data, including client information, collected, submitted, transmitted, submitted, delivered or stored on any of the servers or storage facilities of Your Health Your Choice (or any of its affiliate organizations) and in the sound technology are to be termed as Intellectual Property. You recognize that you do not acquire Intellectual Property rights under this agreement and are limited to its use; (c) You shall not copy any Proprietary Information including Intellectual Property without our express written consent. You shall not import or export this Proprietary Information including Intellectual Property, nor do you claim ownership of any information shared verbally or in written or structural form; (d) You agree to a non-competitive use of this Information and Property, directly or through a third party.

Dispute Resolution through Mediation and Mandatory Arbitration. ∞ WE EACH AGREE TO SETTLE DISPUTES, FIRST THROUGH MEDIATION, THEN ONLY BY ARBITRATION. THERE’S NO JUDGE OR JURY IN ARBITRATION, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS AGREEMENT, AS A COURT WOULD. IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEY’S FEES, AN ARBITRATOR CAN AWARD THEM, TOO. WE ALSO EACH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT: THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR SERVICE OR ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREMENT OR SUCH A PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETTLED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). EACH OF US MAY BE REQUIRED TO EXCHANGE RELEVANT EVIDENCE IN ADVANCE. THIS AGREEMENT DOESN’T PERMIT CLASS ARBITRATIONS EVEN IF THOSE PROCEDURES OR RULES WOULD. IN AGREEING TO ARBITRATE ON AN INDIVIDUAL BASIS, YOU ALSO AGREE TO FIRST MEDIATE. MEDIATION IS A PROCESS FOR MUTUALLY RESOLVING DISPUTES. A MEDIATOR CAN HELP PARTIES REACH AGREEMENT, BUT DOESN’T DECIDE THEIR ISSUES. THAT PERSON WILL HAVE ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR. NOTHING SAID IN THE MEDIATION CAN BE USED IN A LATER ARBITRATION OR LAWSUIT. ANY ARBITRATION AWARD MADE AFTER COMPLETION OF ARBITRATION IS FINAL AND BINDING AND MAY BE CONFIRMED IN ANY COURT OF COMPETENT JURISDICTION. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF. IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON’T APPLY, OR A CLAIM PROCEEDS IN SMALL CLAIMS COURT, WE EACH WAIVE ANY TRIAL BY JURY.

About You. ∞ You represent that you’re at least 18 years old and have the legal capacity to accept this agreement.

About This Agreement ∞ A waiver of any part of this agreement in one instance isn’t a waiver of any other part or any other instance. You can’t assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. NOTICES ARE CONSIDERED DELIVERED WHEN WE SEND THEM BY EMAIL OR FAX TO ANY EMAIL OR FAX NUMBER YOU’VE PROVIDED TO US, OR THREE DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU, IF BY US, OR TO THE CUSTOMER SERVICE ADDRESS ON YOUR MOST CURRENT INVOICE, IF BY YOU. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You can’t rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law. This agreement isn’t for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and successors in interest. Except to the extent we’ve agreed otherwise in the provisions on late fees and arbitration, this agreement and disputes covered by it are governed by the laws of the state of Utah.

 

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