- Description of HEALTHY ADVANTAGE Services.
Each HEALTHY ADVANTAGE Member ("Member") will be entitled to receive discounts and other benefits on specified health-related and other products and services ("products�"). Membership fee includes $13 to pay for the annual subscription to Vitality Magazine. All of the benefits and their related discounts and features are explained in greater detail in the HEALTHY ADVANTAGE membership package and online at www.ahahealth.com. They are subject to change, modification, improvement or substitution without notice. To access the HEALTHY ADVANTAGE benefits online, the Member will be required to enter his/her HEALTHY ADVANTAGE Membership Number and last name, at the time of visit to the site. To access the HEALTHY ADVANTAGE benefits offline, the Member should telephone the appropriate HEALTHY ADVANTAGE toll-free number located on the back of the HEALTHY ADVANTAGE card. After selection from the menu of choices provided, the Member will have access to a representative who will be available to answer any questions regarding the availability of services, goods, and discounts.
- Membership.
As long as the HEALTHY ADVANTAGE Membership Fee is paid and current, a Member shall be entitled to all of the HEALTHY ADVANTAGE services for the ensuing twelve-month period commending on the date of sale (the "Membership Term"). HEALTHY ADVANTAGE reserves the right to change the terms and conditions of this Agreement at any time, and may cancel this agreement upon written or electronic notice and issuance of a refund for the remaining term of the membership.
- Liability. Vendors.
HEALTHY ADVANTAGE shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third party vendor ("Vendor"). You agree that claims with regard to services shall be made against the Vendor of such services and not HEALTHY ADVANTAGE. HEALTHY ADVANTAGE's sole obligation hereunder shall be to forward to the Vendor all information and payments for services ordered, and to forward to you or arrange for forwarding to you all necessary documents.
- HEALTHY ADVANTAGE
Member Representation and Obligations.
In return for the discounts and benefits available under HEALTHY ADVANTAGE, all Members acknowledge their obligations to HEALTHY ADVANTAGE as follows: (a) They have read the "terms of Membership and Membership Agreement" carefully, understand the HEALTHY ADVANTAGE Membership Program and the billing method for the payment of the annual HEALTHY ADVANTAGE Fee; (b) A Member may cancel his/her HEALTHY ADVANTAGE Membership at any time prior to the conclusion of the Membership Term and will be entitled to the proportionate Refund subject to the terms of this agreement; (c) The HEALTHY ADVANTAGE Membership Term will renew automatically effective the first day following the conclusion of the existing Membership Term unless Member elects to cancel in accordance with this Agreement; (d) The Membership and the benefits hereunder are not assignable without the express written consent of HEALTHY ADVANTAGE and the Member will use his/her HEALTHY ADVANTAGE Membership only for his/her personal uses or for the benefit of his/her immediate family. "Immediate Family", for purposes of the Agreement, shall be limited to the Member, his/her spouse and his/her children residing in the same house. A violation of this provision will result in a forfeiture of the HEALTHY ADVANTAGE Membership; and (e) HEALTHY ADVANTAGE assumes no responsibility for the payment of or contribution to any use or sales tax on Products which may be imposed by state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole
responsibility of the Member or the direct provider of the Products, as the case may be.
- Governing Law; Arbitration.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. Any dispute arising between you and HEALTHY ADVANTAGE will be submitted to arbitration in the State of Connecticut in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state�s consumer protection laws.
- Membership fee.
The current HEALTHY ADVANTAGE membership fee will be automatically billed to the Member�s designated credit card account on an annual recurring basis, subject to cancellation at the discretion of Member. Any Member who uses a debit card as the designated credit card account acknowledges that HEALTHY ADVANTAGE will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the membership fee to a debit card.
- Renewals.
Unless Member notified HEALTHY ADVANTAGE that they do not wish to renew their membership, HEALTHY ADVANTAGE will automatically renew their membership at the end of each term and automatically bill then-current renewal fee to the designated billing source. If the credit card the Member provided to HEALTHY ADVANTAGE has expired during the Membership Term, HEALTHY ADVANTAGE will revise the expiration date and renew the membership on the same credit card account originally used.
Right to cancel membership � Members have the right to terminate this Agreement at any time. Members may cancel this agreement by calling 1-888-777-7838. If a Member cancels this agreement before the end of a membership term for which the Member has paid, the Member can receive a proportionate refund of the membership fee for that term, upon request. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement, including any non-refundable activation fees. HEALTHY ADVANTAGE may modify and improve any part of the service at any time and without prior notice.
- Disclaimer of Warranties.
HEALTHY ADVANTAGE is neither a merchant, manufacturer, nor a direct provider of many of the Products and services available to Members. ACCORDINGLY, HEALTHY ADVANTAGE in such circumstances GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY PRODUCTS OR SERVICES PURCHASED BY A MEMBER THROUGH HIS/HER MEMBERSHIP IN HEALTHY ADVANTAGE.
Although HEALTHY ADVANTAGE on request will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a vendor hereunder, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim. It is further understood that all services ordered are subject to the availability of such services and any information provided to the Member is subject to change without notice.
- General Release.
Each Member, for himself/herself, and on behalf of any person who uses the Services under the Membership ("Membership Beneficiary"), hereby forever releases, acquits and discharges HEALTHY ADVANTAGE from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member�s legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Services available under the Membership. The sole recourse available to a Member, Membership Beneficiary or their legal representative shall be the cancellation of the Membership and the full refund of the Membership Fee as provided in Paragraph 7.
- Notices.
Any and all notices, consents, approvals, requests and other written communications given under this Terms of Membership and Membership Agreement shall be deemed to have been duly given and served when sent by first-class mail, postage prepaid and addressed to the Member, at the address shown on the Member�s HEALTHY ADVANTAGE membership record, or to
the American Health Association at: American Health Association, PO Box 16817, Stamford, CT 06905.
- Entire Agreement.
The foregoing Terms of Membership and Membership Agreement contain the entire terms and agreement of the Membership and no representations, inducements, promises or agreement, or otherwise, between HEALTHY ADVANTAGE and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.
- Binding Effect.
The foregoing Terms of Membership and Membership agreement shall be binding upon and inure to the benefit of HEALTHY ADVANTAGE and the Member as well as their respective successors and permitted assigns.
