Anara Spa Internet Terms & Conditions of Use PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH ANARASPA.COM. BY ACCESSING ANARASPA.COM, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AND CONDITIONS OF USE. If you do not accept these Terms and Conditions of Use, please exit anaraspa.com immediately. Ownership Anaraspa.com (the “Web Site”) offers information on spa services and products provided by ANARA Spa located in the Grand Hyatt Kauai ("we" or "us"). Access to and use of the Web Site is subject to any specific terms and conditions set forth on the individual pages within the Web Site and these Terms and Conditions of Use (collectively, the "Terms"), and all applicable laws and regulations, including laws and regulations governing copyright and trademark. We reserve the right at any time to change any of the terms and conditions contained herein or any information contained in the Web Site. Any such changes will appear on the individual pages of the Web Site and/or on this screen. By using the Web Site, you agree in advance to accept any such changes. Privacy Your use of the Web Site is subject to the Anaraspa.com Privacy Policy. Use of Anaraspa.com You may only use the Web Site if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the Web Site by you and anyone using your password and login information. You may only use the Web Site to make legitimate purchases. You may not use the Web Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, or for any other purpose that is unlawful or prohibited by these Terms and Conditions of Use. All products sold on the Web Site are limited to personal use and may not, without our express prior written approval, be resold or used for commercial purposes. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Web Site. We reserve the right to reject any order placed on the Web Site for any reason. Promotional Information We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Web Site. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Web Site in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Web Site in connection with each program, offer or promotion. Availability The Web Site is available worldwide to anyone with Internet access. However, the Web Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. A reference to a product or service on the Web Site does not imply that such product or service is or will be available at all times. The content of the Web Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law. Colors/Satisfaction Policy/Returns We have made every reasonable effort to display as accurately as possible the colors of the products that appear on the Web Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. We do not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on this Web Site, please contact us. If for any reason you are not satisfied with any products you purchase on this Web Site you can return them to us by mail or in person at our ANARA Spa location (according to the return instructions set forth in our Shopping Policies) [include hyperlink]. As we are certain you will understand, we may not provide a refund or an exchange if the products have been opened or used unless such products are defective. General The Terms apply to your use of the Web Site, including all transactions you effect through the Web Site. If a court finds any of the Terms to be unenforceable or invalid, the unenforceable or invalid Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. A waiver of any breach or default of the Terms shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party. The Terms, together with the Anaraspa.com Privacy Policy and the items made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Web Site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Web Site. DISCLAIMERS Products Disclaimer The products we choose to provide for purchase on the Web Site are produced by third parties. The use and selection of the products we choose to provide on the Web Site requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that the customer is aware of the possibility that some people may have allergic or other reactions to such products. We will endeavor to provide to our customers all required product labeling information; however, we are not the manufacturer of the products, therefore we are not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the customer. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings. In providing information or advice on this Web Site with respect to any products, whether in product descriptions or otherwise, we may rely upon advice from the manufacturers. Since we are not the manufacturer of the products we sell, we do not accept any liability for the failure of the products to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products. We will, upon request, endeavor to identify the manufacturer of the product and provide to the customer contact information for the manufacturer. General Disclaimer YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE, AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED HEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL CODE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE WEB SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL MATERIALS AND INFORMATION PRESENTED BY US IS INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THE WEB SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED, IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE BY THE WEB SITE OR BY THE ANARA SPA. In providing product information to our customers, we rely in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us. [include hyperlink] Limitation of Liability NEITHER US NOR ANY OF OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEB SITE, THE PERFORMANCE OR USE OF THE PRODUCTS, SERVICES AND MATERIALS AVAILABLE ON THE WEB SITE, OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEB SITE, THE PRODUCTS OR SERVICES PROVIDED BY THIS WEB SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE WEB SITE. Links We do not review or monitor any web sites linked to the Web Site, if any, and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk. In addition, you agree not to link your web site or any other third party web site to the Web Site without our express prior written consent. Governing Law and Choice of Forum These Terms and Conditions of Use and any disputes arising out of or related to the Web Site or use of the Web Site, shall be governed by, construed and enforced in accordance with, the laws of the State of Illinois, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this Web Sites shall be filed only in the state or federal courts located in the State of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Questions or comments regarding the Web Site and the information contained in the Web Site should be directed to info@anaraspa.com or by calling us at (808) 240-6440. Any communication or material transmitted to us via the Web Site or Internet e-mail is transmitted on a non-confidential basis. Anara Spa Internet Copyright and Trademark Information The content included on the Anaraspa.com web site (“Web Site”), including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Hyatt Corporation or its licensors or suppliers and are protected by copyright, trademark and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without our written permission. © 2003 Hyatt Corporation. All Rights Reserved. Information subject to change without notice. Hyatt®, Hyatt Hotels & Resorts®, Hyatt Regency®, ANARA® and other marks used in the Web Site as indicated by ® are all registered trademarks of Hyatt Corporation and are registered with the U.S. Patent and Trademark Office and the trademark offices of certain other countries. The names, trademarks, logos, designs and trade dress shown on the Web Site are owned by Hyatt Corporation and its affiliates and protected by the trademark laws of the United States and other jurisdictions. -------------------------------------------------------------------------------------------------------------- Anara Spa Internet Shopping Policies Shipping and Payment Information Credit Cards We accept American Express, MasterCard, Discover, and Visa. Either enter a new card or choose from the credit cards you may have already saved in your Registered Customer account. We'll also ask you to confirm the billing address we already have on file, choose from your saved addresses, or enter a new address. The billing address for the credit card must match the address where that credit-card statement is sent. Pay close attention to the accuracy of the address and zip code fields, as these are used to validate the accuracy of your credit card information. Phone Orders If you're not comfortable placing your order online, you may browse for your products online then place your order by phone by calling (808) 240-6440. However, certain “internet only” products, promotions, or prices may not be available when ordering by phone. Tax We collect general excise tax on all sales of products we ship. Changing or Canceling an Order You cannot currently change or cancel an order from our Web Site after it has been placed. If you need to change or cancel an order, please contact us by phone at (808) 240-6440 as soon as possible. Be sure to have your order number available when you call. Please keep in mind that we can't cancel or affect an order once it has entered the shipping process. Out-of-Stock Inventory We are dedicated to providing the products you want, when you want them. So we make every effort to ensure that all of the products we feature are in stock. We will try to remove out-of-stock product pictures and information for an out-of-stock product from the site, or otherwise indicate on the Web Site that the product is out-of-stock, and only re-instate it when it again becomes available. If, however, your order can not be completely filled due to the unavailability of a product, we will notify you that the item you've chosen is on back-order and will be shipped when it becomes available unless you ask us to cancel the back-order. If your order also includes in-stock products, we'll ship those items as scheduled. Return Policy We are dedicated to bringing you an unparalleled shopping experience, from start to finish. We're confident you'll find our products to be of the highest quality. If, however, you're not completely satisfied with a product, you may return it to us for a complete refund. As we are certain you will understand, we may not provide a refund or an exchange if the products have been opened or used unless such products are defective. To return a product to us by mail, mail your return using a traceable ground shipping method (we recommend UPS or the U.S. Postal Service insured mail) to: ANARA Spa – Returns Grand Hyatt Kauai 1571 Poipu Road Koloa, Hawaii 96756 Please keep these important points in mind: Products should be returned within 30 days of the date they were shipped out. Include the packing slip and all original packaging materials if available; if not available, include your name and billing address, the original purchase price and approximate date of purchase, and the name, address and zip code of the person who placed the order if it was a gift. Shipping/handling fees are refunded only if the product is defective or was misshipped by us. We cannot accept CODs for returned merchandise. In the case of shipping damages, please contact the carrier or us. Credit will always be issued to the same credit card originally charged.