TERMS AND CONDITIONS

Thank you for visiting the website (“this Website” or “our Website”) of TRALOM, Inc., a California corporation that operates the wellness resorts commonly known as The Ranch and R4.0 (“The Ranch”). The Ranch makes all information, documents, catalogs, communications, files, text, graphics, and audio/visual files available for your use subject to the Terms of Use set forth in this document.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, USING, OR DOWNLOADING IN ANY WAY, WITHOUT LIMITATION, ANY MATERIALS FROM THIS WEBSITE OR MERELY BROWSING THIS WEBSITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE.

The Ranch reserves the right to change the Terms of Use at any time without prior notice to any Website visitor (“user” or “you”). YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF OUR WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE AND ANY SUBSEQUENT AMENDMENTS TO THESE TERMS OF USE. As used herein, the “Terms of Use” shall mean and refer to these Terms of Use, as amended from time to time.

If you have any questions about the Terms of Use or the offerings at The Ranch, please visit our FAQs page or contact our customer service team at inquiry@theranchmalibu.com.

Proprietary Rights
All content, information, data, text, illustrations, photographs, images, products, artwork, designs, video, audio, logos and trademarks provided on this Website (collectively the “Content”) are owned by The Ranch and are protected by worldwide copyrights, trademarks, patents, trade secrets, or other proprietary rights.

The Content on this Website, and this Website as a whole, are intended solely for personal non-commercial use by users of this Website. You may download various materials from this Website for non-commercial use provided that you follow all copyright and other proprietary notices including but not limited to these Terms of Use. You may not distribute, modify, transmit, or use in anyway the content of this Website for public or commercial use without The Ranch’s prior, direct, written permission. Use of any Content for any purpose not expressly permitted in the Terms of Use is prohibited. Copyrighted material on this Website may not be used without express prior authorization by The Ranch. Requests for permission to use the copyrighted material on this Website should be made by contacting us via email at inquiry@theranchmalibu.com.

The names, trademarks, brands, logos, designs, trade dress and other designations that The Ranch uses in connection with this Website, including, without limitation, THE RANCH AT LIVE OAK/MALIBU, THE RANCH DAILY and r (collectively, “The Ranch Trademarks”) are owned by TRALOM, INC. You may not remove or alter The Ranch Trademarks or use The Ranch Trademarks without the prior written consent of The Ranch, except to identify the products or services of The Ranch and only if your reference is truthful and not misleading. All other trademarks, copyrights, designs and images may be subject to the intellectual property rights other third parties, and no license is granted with respect thereto.

Third Party Sites
The Ranch is in no way responsible or liable for the external sites linked to this Website nor is The Ranch liable or responsible for these sites’ contents. Linking to any of these off-Site pages is at your own risk. The Ranch recommends that you check the terms and conditions and specific privacy policy of any site, whether or not linked to our Website, before using the site or providing any personal information.

Postings and Submissions by Users
By posting, sending, electronically mailing, or providing in any manner any materials that do not fall within the guidelines of the Privacy Policy to this Website including but not limited to questions, comments, suggestions, and data, you grant The Ranch a limited license and permission to use, modify, copy, distribute, translate, reformat, transmit, publicly display or perform, reproduce, and edit your submission.

The license you are granting to The Ranch is non-exclusive, fully-paid, royalty-free, worldwide, and may be sublicensed to the extent necessary (such as in connection with content delivery networks that provide this Website). This means that you will not be compensated for our use of the content in any manner.

You represent and warrant that: (i) you have the right to grant the license set forth in this section and you have the right to use and control the content posted, and (ii) the posting of your content on our Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content you post on this Website. See “Copyright Policy” below.

Your submission will not be treated as confidential. Accordingly, you should not post to this Website any comments, ideas, information or anything else to this Website that you wish to keep from the public. Moreover, The Ranch, in its discretion, may use any ideas, concepts or techniques contained in any communication you send to this Website in any way whatsoever including, but not limited to, developing, manufacturing and marketing such products. The Ranch will not pay you for using these ideas, concepts or techniques.

You agree to use this Website 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 The Ranch to be in conflict with the spirit or intent of this Website.
The Ranch may refuse to post and may delete or edit any or all of the materials that you send to this Website. The Ranch may also delete any registration at any time for any reason without notice or liability.

Copyright Policy
You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In accordance with the Digital Millennium Copyright Act and other applicable laws, The Ranch has a policy of terminating the privileges and right to use this Website of any user who The Ranch believes, in its sole and absolute discretion, is repeatedly infringing the intellectual property rights of others.

In addition, The Ranch’s policy is to terminate the privileges and rights to use this Website of any user who has infringed the intellectual property rights of another, whether repeatedly or in a single instance, upon receipt of proper notification to The Ranch by the copyright owner or the copyright owner’s legal agent. The Ranch is not obligated to monitor postings to determine copyright ownership, but we may so monitor if we choose at any time and from time to time. If you believe that your work has been copied and posted on this Website in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Website; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices of claims of copyright infringement should be sent to us at inquiry@theranchmalibu.com.

Products
Availability and selection of the products sold on this Website are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by The Ranch at any time without notice. Please note that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered herein.

Disclaimer of Warranties
THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIRE DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND FIRE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. YOUR USE OF THIS SITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ANY OTHER PARTY INVOLVED IN THE CREATION, DEVELOPMENT, OR PRODUCTION OF THIS SITE, OR ANY OF THEIR AFFILIATES BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT THE COMPANY, ANY OTHER PARTY INVOLVED IN THE CREATION, DEVELOPMENT, OR PRODUCTION OF THIS SITE, OR ANY OF THEIR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification of The Ranch

You agree to defend, indemnify and hold The Ranch and its affiliates harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising from or in connection with your use or misuse of this Website and the Content or your violation of any provision of these Terms of Use.

International Use
The Ranch makes no representation or warranty that this Website and its Content are appropriate or available for use in locations outside the United States. Accessing this Website or the Content from territories in which this Website or the Content is illegal is prohibited. You agree that if you choose to access this Website or Content from any locations outside the United States, you do so on your own initiative and are solely responsible for compliance with international and local laws.

Dispute Resolution
Any dispute relating in any way to your visit to Website shall be submitted to confidential arbitration in Los Angeles County, California, except that, to the extent you have in any manner violated or threatened to violate The Ranch’s intellectual property rights, The Ranch may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (www.adr.org). 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 of Use or the Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Use or the Privacy Policy, whether through class arbitration proceedings or otherwise.

Questions or Comments
For questions or comments about these Terms of Use, please email us at inquiry@theranchmalibu.com.

MEDICAL DISCLAIMER AND WAIVER OF LIABILITY

Before embarking on one of our health programs it is recommended that you consult your physician. The content of this Website, such as text, graphics, images, information obtained from The Ranch’s licensors, and other Material contained on this Website are for informational purposes only and are not intended in any way to substitute for professional medical advice, diagnosis, or treatment. We do not claim our programs or products will positively impact any health condition or symptom.

THE INFORMATION PROVIDED ON THIS WEBSITE IS NOT WRITTEN OR APPROVED BY DOCTORS AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE. Users are encouraged to develop a personal 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 on this Website. Users should review any information supplied to or on this Website with their own medical professionals.

Since no physician-patient relationship exists between you and The Ranch, please do not share personal medical information that you wish to keep confidential. While we make our best efforts to protect your medical information, the information you provide is not necessarily protected under confidentiality laws that protect physician-patient communications. Please carefully select what you choose to disclose. In addition to the fact that the information you provide is not protected under confidentiality laws, while The Ranch attempts to prevent unauthorized access to our Website files, such access may occur.

We are confident you’ll love our transformational wellness programs, but please understand you assume any and all risk in using our services or products and hereby waive, remise, and discharge The Ranch and its agents, officers, principals and employees of any and all claims, demands, actions or damages of any kind resulting from your experience with our programs and products.

Keep in mind that our programs do not take into consideration particular ailments that may be specific to each guest, and you acknowledge that you are aware of the impact that The Ranch programs or products may have on your health and have discussed that impact with your physician and/or dietician, as necessary. Also keep in mind that any assessment or recommendation made by a staff member at The Ranch is made based on the information you provide. It is your responsibility to inform The Ranch if you have any condition or particular circumstances that could impact or be negatively affected by treatments at The Ranch, even that condition or those circumstances are not responsive to any questions asked of you. Our staff members have the right to assume that the information you provide is true and complete in all respects and that you have provided all relevant information. Our staff members also have the right to refuse to provide a guest treatment or services if they reasonably believe that guest has not provided complete and accurate information.

In health,

The Ranch

RESERVATION AND CANCELLATION TERMS

When making a reservation request you will be required to submit a secure form that includes your contact information, and credit card details. Your transmittal of your personal information shall constitute your acknowledgment and agreement to the terms and conditions and our Privacy Policy. After making a reservation you are required to complete a Health & Fitness Profile prior to your stay so that we may understand your medical history. We use this medical information to assess your ability to succeed in our program and/or to tailor your exercise regime or diet as appropriate for your medical condition. We do not share this information with any third party, other than with our on-site contractors and third party service providers.

Your credit card will be charged once your reservation has been accepted and reviewed. You represent and warrant to The Ranch that your provided form of payment is valid and that you are authorized to use it. You agree to quickly update your account information with any changes to the details of your selected payment method including but not limited to credit card number, billing address or verification codes. You grant permission to The Ranch to use any updated credit card information submitted by your credit card company directly to The Ranch. If you dispute any charges, you must inform The Ranch within thirty (30) days of making your reservation.

If there is difficulty authorizing your payment method or it is otherwise in error, we may suspend or cancel your reservation. Upon failure of your Payment Method, we may take reasonable steps to retry your Payment Method and may contact you to provide an alternate method. The Ranch is not responsible for any fees you may incur when charging or retrying your Payment Method, including but not limited to, overdraft fees.

Upon acceptance of your reservation, and after a brief phone or email consultation, your selected payment method will be charged a $2,000.00 deposit. The remaining balance is due by check or may be charged to the credit card on file 40 days prior to arrival and will become non- refundable. In the event of a cancellation within the 40-day period prior to your visit, if your reservation cannot be filled on the short notice, your stay is non-refundable. If we are able to fill your space, we will credit you for a future stay pending availability. If you cancel outside of 40 days, your deposit is refundable, less 10%, or you can move your stay to a later date, subject to availability. Charges are not refundable if you cancel within 40 days of your scheduled arrival date. You will be charged in full for your reservation, even if you do not show at all, are late in your arrival or early in your departure.

Deposit and cancellation terms are strictly applied and enforced.

WHILE AT THE RANCH

Personal Information
Information specific to you and your stay, including health issues, personal requests, service or payment-related issues may be stored in our database and may be combined with information from previous visits to better assist you during your time with us. Please alert us if you do not want personal preferences shared.  In addition, we may retain the content of any document (including letters, comment cards, electronic documents such as e-mails and other similar forms of communication) that you send us before, during or following your stay. This information may be shared with employees of The Ranch but will not be shared with any third party other than those contractually engaged by us for a specific, related purpose. If you do not wish to submit such medical information to The Ranch, or do not want us to share this information with our on-site contractors and third party service providers, you may indicate your wishes upon booking and we will do our best to accommodate your requests.

Billing
While at The Ranch, guests can opt to add specific services or purchase items from our store. During your stay, we record your itemized spending to properly assemble your folio, which is billed to your room. We also record this information to comply with financial reporting requirements, including those imposed by our auditors and government regulators. We may also collect certain information, as required by local laws (for example, your passport number).

Purchases From Our Store
When making a purchase from our store at the property you will be required to provide your contact information along with an authorized credit card to place an order. You represent and warrant to The Ranch that your provided form of payment is true and that you are authorized to use it. You agree to quickly update your account information with any changes to the details of your selected payment method including but not limited to credit card number, billing address or verification codes. You grant permission to The Ranch to use any updated credit card information submitted by your credit card company directly to The Ranch. If you dispute any charges, you must inform The Ranch within thirty (30) days of your reservation or receipt of your purchased products.

Privacy of Fellow Guests
We understand that you, like our other guests, want to enjoy your time at The Ranch in privacy and come to The Ranch with the expectation that your privacy will be maintained. We ask that you not publically (including all forms of social media) disclose the names or other identifying information (occupation, images, etc.) of any other guests you might meet or see while at The Ranch or any information you might learn about those guests during or following your stay without their permission. While we make reasonable efforts to protect the privacy of all guests at The Ranch, we have no way to ensure that any guests will comply with our requests for non-disclosure.
You acknowledge that any disclosure and/or dissemination of identifying information regarding a guest at any time without written permission from that guest will constitute a material breach of these Terms of Use that could cause that guest and/or The Ranch substantial injury. Accordingly, you agree that in addition to The Ranch’s remedies at law, including the right to seek monetary damages, the RANCH shall have the right to injunctive and other equitable relief in order to prevent any actual or threatened use or disclosure of private information or other breach of these Terms of Use.