Your Agreement to Terms & Conditions
Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, (Section X) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section IX)
This Document contains the terms and conditions of your receipt and payment for Nutrisystem goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF NUTRISYSTEM GOODS AND SERVICES.
We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then–current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
Important Health Information
People with certain conditions may not use the Nutrisystem® program; these include, but are not limited to people who: (a) are pregnant, (b) are allergic to soy, peanuts, or latex (which is used in food processing), (c) have anorexia or bulimia, (d) have chronic kidney disease, or (e) have a condition requiring a gluten–free or ketogenic diet. Children under 14 years of age may not be on the Nutrisystem program. Adolescents aged 14–17 years require a specific meal plan and physician approval. Nursing mothers also require an adjusted meal plan. For more information, including adjusted meal plans, contact the Nutrition & Dietary Services team at firstname.lastname@example.org or 1–888–995–3438.
The Nutrisystem® program is a portion–controlled, reduced–calorie comprehensive weight loss program. Please consult your physician before beginning the Nutrisystem program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. As a general guideline, we also recommend taking a multivitamin as a part of your Nutrisystem program for optimal health. You should discuss your continued participation in the Nutrisystem program with your physician if there is any change in your medical condition. Click here to download information that you can share with your physician about the Nutrisystem program.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the Nutrisystem program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications.
Fast Five Kit
Usage of the Fast Five™ kit for more than one week in any consecutive four week period may lead to health complications and is not recommended. People with certain health conditions, including diabetes, should not use the Fast 5 kit. For a list of those health conditions, please contact the Nutrition & Dietary team at 1–888–995–3438.
Food Substitution Policy
Although Nutrisystem takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Nutrisystem is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, Nutrisystem reserves the right to substitute a similar product. When making substitutions, Nutrisystem takes great care to
meet the requirements of your particular Nutrisystem program. Substituted food items may contain different ingredients and allergens than those in items
originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding
ingredients and nutritional content for any/all Nutrisystem® food products, including new and improved items, if you have any food allergies or if you are
otherwise concerned about any particular ingredients.
Please Note: Nutrisystem food items may contain or may have been manufactured in a facility that also processes: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans.
II. Auto–Delivery Program
With the Auto–Delivery program, you will receive a discount off the full retail value price and free shipping to the Continental US only. Charges will be
incurred for shipments to Alaska, Hawaii, Puerto Rico, Canada and other US territories and possessions. You are automatically charged and shipped your
28–Day plan once every 4 weeks unless you cancel.
You will be sent an e–mail reminder before your next scheduled order begins processing, or you can alternatively opt to receive autodialed and prerecorded telephone reminders if you elect to provide a telephone number for such purpose. You can change your delivery schedule and your food selections on any order. You may do so by 6:00 p.m. EST the day before your order is scheduled to begin processing; otherwise we will be unable to make any changes for that order. Your Auto–Delivery payment is held by your banking institution the day before your order is scheduled to begin processing, and is subsequently paid to Nutrisystem when your order is shipped.
You can cancel Auto–Delivery at any time before 6:00 p.m. EST the day before your order is scheduled to be processed by calling 1–877–338–8446. If you cancel prior to paying for your second consecutive 28–Day program delivery, you are authorizing us to charge the debit card or credit card we have on file for you for the amount of any Auto–Delivery discount you received on your first 28–Day program delivery. For Nutrisystem® Select® orders, you authorize us to charge you a $30 cancellation fee if you: (1) do not timely cancel the frozen food before shipping; and (2) refuse the frozen food upon delivery. The Nutrisystem Select program is available to Continental U.S. residents only, and cannot be shipped to P.O. Boxes, A.P.O. Boxes or military addresses, Alaska, Hawaii, Puerto Rico, Canada and other US territories and possessions
Money Back Guarantee
Give Nutrisystem 14 days. If you're not 100% satisfied, call 1–800–727–8046 within 14 days after receipt of your order and send the remaining weeks of non–frozen food back for a full refund–simple as that. Money back guarantee is good on new 28–Day plans, first order only. Limit one guarantee per customer.
If for any reason you wish to return any unopened Nutrisystem® non–frozen food item, Nutrisystem will give you a refund (less
shipping), no questions asked–that's how confident Nutrisystem is that you'll love the food. To obtain a Return Authorization Number (RMA#) please
call Customer Service at 1–800–585–5483 within 30 days after receiving your package. When you receive your RMA#, put this number on the package. Indicate
the reason for your return, include the packing slip that came with your order, and wrap the package securely. Ship to the return address
indicated on the shipping label. If you do not have your packing slip, please indicate the order number on a separate piece of paper, enclose in the
package and send the package to the following address:
OHL/Nutrisystem Returns Dept. – (Your RMA#)
1490 Nitterhouse Drive
Chambersburg, PA 17201
Please note : Frozen food items are not returnable. Frozen foods are not refundable except under the Money Back Guarantee policy. If you did not cancel your frozen food shipment with Nutrisystem before your order was processed, and you refuse your frozen food shipment at the time of delivery, a $30 cancellation fee will be charged to your account.
To ensure proper credit to your account, Nutrisystem recommends that you use UPS, Federal Express or Insured Parcel Post for shipment. Please save your shipping receipt and your tracking information until your return is processed. If you have any further questions, please feel free to call Customer Service. Please allow 4 to 6 weeks for your return to be processed and your account credited.
Credits are issued within 14 business days after your return is processed in the Nutrisystem warehouse, but may not appear on your statement for 1–2 billing cycles. Refunds issued by paper check can take up to 4 weeks to be processed. Shipping costs are not refundable unless it is a result of our error. Credits are issued back to the original method of payment for the returned product. Please note that Nutrisystem is not responsible for any bank or credit card fees that you may incur.
When you purchase Nutrisystem® products and services from retailers and parties other than Nutrisystem, Inc., please refer to the return policies and money back policies of such retailers and other parties.
III. Telephone Calls and Call Recording
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Nutrisystem can reach you with informational calls related to your transactions. You may also ask to receive prerecorded and autodialed notification calls related to the shipment and delivery of your food. If you do not opt–in to receiving reminder calls, Nutrisystem will not be able to provide you with telephone reminders before shipment or delivery.
If you wish at any time to stop receiving autodialed/prerecorded telephone calls related to your orders, you may do so by contacting Nutrisystem and asking that the number be removed from your file. In such instances, please allow for 3–5 days for the change to be processed. All calls to and from Nutrisystem may be monitored or recorded for quality and training purposes.
Under Nutrisystem's Do Not Call Policy, Nutrisystem maintains an internal Do Not Call List that you can request to be placed onto so as not to receive marketing or sales calls. If you would like to be on Nutrisystem's Internal Do Not Call list for marketing and sales calls, please contact us at 800–585–5483.
IV. Succcess A La Carte – Terms and Conditions
Additional Terms and Conditions – For Subscribers Only
Subscription Benefits. Nutrisystem® Success A La Carte is a weight maintenance program available to Nutrisystem customers who have enjoyed at least 2 consecutive program deliveries. This comprehensive program offers customers complete flexibility by allowing them to continue enjoying Nutrisystem® entrees and snacks as desired while learning to add their own healthy recipes to their daily menus.
Success A La Carte members will receive a 20% discount and free shipping (Continental U.S. only) on all A La Carte purchases, both Auto–Delivery and non–Auto–Delivery. There is no minimum purchase required, and no limit to the number of A La Carte items members can purchase using their benefits. Members will also receive complete VIP access to the Nutrisystem member site and unlimited access to counseling to ensure a seamless transition to a lifetime of healthy eating.
We reserve the right to modify, enhance, terminate or otherwise change particular subscription benefits or benefit providers from time to time at our sole discretion.
Subscription Term and Renewal. Unless you cancel, your subscription continues automatically on the same basis with the applicable periodic subscription renewal fees automatically billed to the account identified and authorized by you at the time of your subscription to the Success A La Carte program. You will receive a reminder email 10 days before the expiration date of your month–to–month or 3–month subscription, or 30 days before the expiration of your 6– or 12–month subscription.
Cancellation. Membership cancellations must be received within 7 days after the start of your membership for a full refund. No refunds will be issued after 7 days. Please call 1–800–585–5483 to cancel.
Use of Subscription. Your subscription is non–transferable. You agree that only you will have access to the subscription benefits. Benefits are not for resale. You are entirely responsible for maintaining the confidentiality of your subscriber user account information and password. You agree to promptly notify us if you become aware of any unauthorized use of your subscription number.
V. Gift Cards and eGift Cards
Plastic Gift Cards are shipped FREE within 5 to 7 days after payment authorization. eGift cards are sent via e–mail within 24–48 hours upon payment authorization.
Both plastic Gift Cards and eGift Cards are hereinafter referred to as "Gift Cards". Gift Cards may not be used to purchase another Gift Card or toward previously purchased merchandise. Gift Cards are not for resale, cannot be refunded or exchanged, or redeemed for cash, except as required by law. If you decide to return merchandise that you purchased using your Nutrisystem Gift Card, the refunded amount will be sent through a paper check. Gift Cards are non–reloadable. Gift Cards carry no expiration date (subject to applicable law). There are no fees charged for any reason.
You may redeem your Gift Card online at www.nutrisystem.com, or by calling 1–888–986–6967. To redeem Gift Cards online, enter card number and PIN (on back of card or in email) during checkout. To redeem by telephone, please provide the Nutrisystem representative the Gift Card number and PIN. You may get your balance on your Gift Card by calling 1–800–986–6967 seven days a week. Please note that the balance is an estimate, as there are times when the balance of your Gift Card is delayed. For the most accurate, please review your transaction history under your nutrisystem.com account.
If your Gift Card is lost, stolen or destroyed, please contact customer service at 1–888–986–6967 and provide your Gift Card number, and a new card will be issued to with the remaining balance. Lost or stolen Gift Cards cannot be replaced without the original receipt. Replacement Gift Cards will be the value of the card at the time Nutrisystem receives your report of loss, theft or unauthorized use. Nutrisystem is not liable to you for the use of your Gift Card by a third party on your nutrisystem.com account. Please be sure to maintain the privacy of your Nutrisystem password, as you are responsible for any activity on your account.
Nutrisystem Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities unless you obtain Nutrisystem's prior written approval.
If your order total is less than the amount on your Gift Card, the remaining amount will be available on your card for future purchases. If your order total is more than the amount on your Gift Card, you will need to pay for the balance with additional Gift Cards or another payment method. If you are placing an Auto–Delivery order and the amount on the Gift Card is more than the order total, you will still be required to provide additional payment information that will be needed for your subsequent Auto–Delivery order(s).
Gift cards purchased at select retailers are limited to the use of two gift cards per purchase at Nutrisystem.
Purchase of a Gift Card constitutes acceptance of these Terms and Conditions.
VI. Your Responsibility to Protect Your Account
Nutrisystem reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Nutrisystem will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Nutrisystem may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Nutrisystem for losses incurred by Nutrisystem or another party due to someone else using your account or password. Nutrisystem has the right to disable any user name, password or other identifier, whether chosen by you or provided by Nutrisystem, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Content Posted By You
Content posted by you includes, but is not limited to, posting on Nutrisystem's bulletin boards, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members may post content ("Sites"). You may only post content to the Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other third–party right nor violate any applicable law or regulation.
You should carefully choose the information you post on the Sites. Any content that you post to the Sites will be considered non–confidential and non–proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Sites and the consequences of posting anything on these Sites.
Nutrisystem is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
Content Posted By Other Users
Nutrisystem is not responsible for, and does not endorse, content in any posting made by other users on the Sites. You are solely responsible for your reliance on anything posted by another member on the Sites. Under no circumstances will Nutrisystem be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of misuse of the Sites by any person, please contact Nutrisystem or click on the "Contact Us" link at the bottom of any page on our Site.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Nutrisystem has the right to remove any user contributions from these Sites for any or no reason. Nutrisystem reserves the right to take necessary legal action against users.
Activities Prohibited on the Sites
The following is a partial list of the types of conduct that are illegal or prohibited on the Sites. Nutrisystem reserves the right to investigate and take appropriate legal action against anyone who, in Nutrisystem's sole discretion, engages in any of the prohibited activities on the Sites. Prohibited activities include, but are not limited to, the following:
Using the Sites for any purpose in violation of local, state, national, or international laws;
Monitoring and Enforcement; Termination
Nutrisystem reserves the right, but is not obligated, to do any or all of the following:
· Record the dialogue or content posted on any pages of the Sites;
· Investigate an allegation that anything posted on the Sites does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
· Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
Without limiting the foregoing, Nutrisystem has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Nutrisystem to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites. YOU WAIVE, AND HOLD HARMLESS NUTRISYSTEM FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NUTRISYSTEM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF NUTRISYSTEM, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
Nutrisystem does not undertake to review any materials before you have posted them on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Nutrisystem assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Nutrisystem has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Nutrisystem has the right to terminate your account and access to the Site or Sites for any reason, including, without limitation, if Nutrisystem, in its sole discretion, considers your use to be unacceptable. Nutrisystem may, but shall not be under no obligation to, provide you a warning prior to termination of your use of the Site or Sites.
VII. Nutrisystem Intellectual Property
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of United States and other copyright laws. Nutrisystem holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non–commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Nutrisystem or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, non–commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Nutrisystem. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Nutrisystem name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Nutrisystem or its affiliates or licensors. You must not use such marks without the prior written permission of Nutrisystem. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Nutrisystem (as set forth below) and providing the following information:
· Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location ( e.g., URL) of an authorized version of the work.
· Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
· Your name, address, telephone number, and e–mail address.
· A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
· A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
· A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to Nutrisystem 600 Office Center Drive, Fort Washington, PA 19034, ATTN: Legal Department. In an effort to protect the rights of copyright owners, Nutrisystem maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
VIII. Changes to the Site
Nutrisystem may update the content on this Site from time to time, but its content is not necessarily complete or up–to–date. Any of the material on the Site may be out of date at any given time, and Nutrisystem is under no obligation to update such material.
Information About You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Nutrisystem has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Nutrisystem may disable all or any social media features and any links at any time without notice in our discretion.
IX. Legal Disclaimers
The Sites and/or Site and the content are provided on an "as is" and "as available" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, NUTRISYSTEM, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON–INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Nutrisystem makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Nutrisystem cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Nutrisystem cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Nutrisystem cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Nutrisystem does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error–free or that defects in the Sites and/or Site will be corrected.
The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third–party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Nutrisystem, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Nutrisystem. Nutrisystem is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Limitation of Liability
NUTRISYSTEM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH NUTRISYSTEM IS TO DISCONTINUE YOUR USE OF THE SITE. NUTRISYSTEM AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH–RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF NUTRISYSTEM HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NUTRISYSTEM'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Nutrisystem, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites' and/or Site's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
X. Resolving Disputes – Arbitration
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1–800–585–5483. If Nutrisystem's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Nutrisystem has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre–existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA"). Unless you and Nutrisystem agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1–800–778–7879. Nutrisystem agrees that it will pay a consumer's filing fee for the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR NUTRISYSTEM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1–16 (FAA).
Waiver and Severability
No waiver by Nutrisystem of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nutrisystem to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules.
Nutrisystem may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Nutrisystem account. You may give notice to Nutrisystem at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Nutrisystem, Inc., 600 Office Center Drive, Fort Washington, PA 19034, Attn: Legal Department.
Updated: April 25, 2014 Effective May 25, 2014
Reformatted June 3, 2014
© 2014 Nutrisystem, Inc. All Rights Reserved.
Nutrisystem, Inc., 600 Office Center Drive, Fort Washington, PA 19034