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Terms and Conditions

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, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section X)

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.

Welcome to Nutrisystem, Inc., ("Nutrisystem","us", “our,” or "we"). By using our website (" Site"), using a mobile messaging service provided through one of our partners, or placing an order, you (“you” or “your”) accept and agree to be bound by these Terms and Conditions (" Terms and Conditions") and our Privacy Policy. Use of the Site is only available to users who have reached the age of majority where you live and reside in the United States, or its possessions and territories. Nutrisystem makes no claims that the Site or any of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.

We may update these Terms and Conditions from time to time in our sole discretion. These Terms and Conditions may also be modified by changes to our mobile messaging service provider platform. 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.

I. Eligibility

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. The Nutrisystem Program is intended only for consumers who have reached the age of majority. By purchasing Nutrisystem products or enrolling in a Nutrisystem Program, you represent that you have reached the age of majority where you live.

Important Health Information for Nutrisystem® Program

The Nutrisystem Program encourages a healthier pattern of eating and the development of healthy lifestyle habits, however it is not intended to treat any illness or disease.

We prohibit people with certain conditions to use the Nutrisystem Program; these include those who are pregnant, have been diagnosed with or treated for anorexia or bulimia within the last 5 years, and a BMI under 18.5. Please note that if you are allergic to soy, peanuts, you may not use the Nutrisystem program because adjustments to the meal plan cannot be made to accommodate these allergies.

Please consult your health care provider before enrolling in a Nutrisystem Program or purchasing Nutrisystem products if you have a medical condition or food allergies have chronic kidney disease or have a condition requiring a gluten-free or ketogenic diet, are a nursing mother, or are a male weighing over 450lbs or a female weighing over 400lbs. You must consult your physician to determine if you require an adjusted meal plan, Nutrisystem will not provide you with advice or recommendations based upon your medical condition or food allergies. If your physician informs you that you require an adjusted meal plan, please call Nutrisystem to discuss the type of adjustment that you require and you will be informed as to whether or not the requested adjustment can be fulfilled. Nutrisystem does not guarantee that every request for an adjusted meal plan can be met, and the determination is on a case-by-case basis.

If you are being treated for a medical condition, taking prescription medication, or following a therapeutic diet to treat a disease, it's especially important to show the Nutrisystem Program to your health care provider. Any modifications made to the Nutrisystem Plan by your health care provider should be followed.

Health Disclaimer

WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. INFORMATION PROVIDED BY THE WEBSITE, COACHING TEAM, AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED.

The Nutrisystem Coaching team does not provide medical, mental health or any other type of health service. You are advised to seek diagnosis, treatment, and advice regarding medical or mental conditions or illness from physicians practicing medicine, psychotherapists, psychologies or other licensed healthcare and mental health professionals.

The Nutrisystem Program is a portion-controlled, reduced-calorie comprehensive weight loss program. You are urged and advised to seek the advice of your health care provider or a 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 health care provider or physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program.

The Nutrisystem Program will provide a suggested calorie range to promote a healthy weight and is designed for a safe rate of weight loss of 1 to 2 lbs. per week. Since weight loss varies with individuals, including starting weight and adherence to the Nutrisystem Program, we do not guarantee weight loss results. It is important to note that medical studies indicated that people 20 percent or more above their recommended weight are at an increased risk of many illnesses or diseases. It is also important to be aware of certain risks that have been associated with weight loss and that possible side effects may occur. You should consult with your health care provider before starting and while on the Nutrisystem Program to understand the possible side effects of weight loss. Please be sure to eat all the food that is recommended on the Nutrisystem Program. Failure to follow the Nutrisystem Program protocol and eat all the food recommended may increase the risk of developing serious health complications.For information that you can share with your health care provider or physician about the Nutrisystem Program, please email nutritionsupport@nutrisystem.com.

You represent to us that you are not using the Nutrisystem Program or participating in any of the activities offered for purpose of seeking medical attention. You further agree that, before using the Nutrisystem Program you consult your health care provider or physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Nutrisystem Program is inconsistent with the medical advice from your health care provider or physician, you should follow the advice of your health care provider or physician. You agree that Nutrisystem and its affiliates, successors and assigns, employees and agents (collectively the “Nutrisystem Released Parties”) shall not be liable for any damages arising from personal injuries (including death) sustained as a result of your participation in any Nutrisystem Program or use of any Nutrisystem products. By participating in a Nutrisystem Program, you acknowledge and further agree that you and anyone claiming on your behalf releases and forever discharges any and all Nutrisystem Released Parties from any damages arising from personal injuries (including death) sustained as a result of your participation in any Nutrisystem Program or use of any Nutrisystem products.

II. Auto-Delivery Program

Nutrisystem offers a variety of auto-delivery and non-auto-delivery programs. Each program may be separately shipped and separately billed with the payment method you have saved in your Nutrisystem wallet within My Account. You agree to keep your payment method updated, as your order begins to process, funds will be secured then charged prior to shipment. If your credit card cannot be charged and your payment method has not been updated and you have not cancelled your order within the required time frame, Nutrisystem will retry your saved card to process your order. Please note: Deletion of information in My Account does not stop the auto-delivery order from being fulfilled and shipped from our warehouse. The customer must call or email to cancel their auto-delivery program.

With Prepay Auto-Delivery programs, you will receive a special discount off the regular one-time rate and free shipping (Continental U.S.) with every consecutive order. With our monthly auto-delivery programs with regular monthly payments, you will receive a special discount off the regular one-time rate, and shipping fees may apply. Shipping charges will be incurred for shipments to Alaska, Hawaii, Puerto Rico and other US territories and possessions for all orders.

You may switch your plan selection. Pricing and promotions will be adjusted according to the new plan you select. You can change your orders schedule and your product selections on any order. There is a 6:00 p.m. ET cut off the day before your order is scheduled to be fulfilled at our warehouse; otherwise we will be unable to make any changes for that order. You can make these updates by logging into My Account to make these adjustments to your order. Your auto delivery date can fluctuate due to order volume in the warehouse. We recommend monitoring your account for any updates. Your auto-delivery payment is held by your banking institution the day your order begins to process and is subsequently paid to Nutrisystem when your order is shipped.

From time to time, we may discontinue program configurations to streamline our offerings. When this occurs, customers will be given a minimum of 30 days' notice prior to any changes becoming effective.

You may cancel your auto-delivery program at any time before the cut off time at 6:00 p.m. ET the day before your order is scheduled to be fulfilled at our warehouse by calling 1-877-338-8446. If you cancel any auto-delivery program using the Monthly Payment Option, after the first 7 days and prior to paying for your second shipment, your payment method will credit Nutrisystem $125 for the auto-delivery discount received on your first shipment.

Customers may purchase any number of add-on Meals with their auto-delivery program order and will incur no additional shipping charges.


On Program customers who place a separate Auto-Delivery add-on order will receive free shipping (Continental U.S.). Customers who place a One-Time add-on order will incur a shipping charge for any orders under $99. Orders over $99 will ship for free.

Monthly Payment Option:

4-week auto-delivery programs, you are automatically charged and shipped your Nutrisystem plan once every 4 weeks unless you cancel. By providing your payment card information, you are authorizing the continuation of your Nutrisystem auto-delivery program(s) automatically at the end of the 4-week period and consenting to our charging the payment method provided every 4 weeks, until you cancel. Refunds for Monthly Program orders are only within the Money Back Guarantee timeframe. Refer to Money Back Guarantee.

Pay Upfront Option:

4-week auto-delivery programs, you are pre-paying for multiple months upfront and receiving a special discount off your future auto-delivery orders. You will automatically be shipped your Nutrisystem plan once every 4 weeks unless you cancel. Note, once your pre-paid orders have all shipped, your next non pre-paid auto-delivery order will automatically be charged and shipped with the special discount given at the time of sign-up. By providing your payment card information, you are authorizing the continuation of your Nutrisystem auto-delivery program(s) automatically at the end of the 4-week period and consenting to our charging the payment method provided every 4 weeks once your pre-paid orders have been fulfilled, until you cancel. There is no cancellation fee with the Pay Upfront Option. Refunds for the Pay Upfront Option are only within the Money Back Guarantee Timeframe. Refer to Money Back Guarantee.

Partner Plan Option:

Under the two-week auto-delivery program for two people, each person will receive five Nutrisystem breakfasts, lunches, dinners and snacks for each week. Unless you cancel, you will automatically be charged for and shipped your Nutrisystem plan at an interval of once every 2 weeks. By providing your payment card information, you are authorizing the continuation of your Nutrisystem auto-delivery program(s) automatically at the end of the two-week period and consent to us charging the payment method provided by you every two weeks until you cancel. There is no cancellation fee with the Partner Plan Option. There is no Money Back Guarantee with the two-week programs. Refer to Money Back Guarantee.

You may be sent an email or may receive a pre-recorded and auto-dialed telephone reminder (i) before your next scheduled order is fulfilled, and (ii) for shipping and billing information on your order.

Customization/Chef’s Choice

Some of our Plans come with the special 7-in-7 first week, which consists of preselected meals and snacks, fat burning bars, and hunger control shakes for fast and effective weight loss. Customization is not available for the first week, but customers can customize the remaining weeks of the Plan if they select the customization. Customers that select Chefs Choice, receive our top picks selected by us. We will not replace product or provide a refund for any products that are part of a pre-selected plan. Details of the 7- in -7 first week are outlined on the website.

Packaging Fee

The packaging fee is for advanced packing materials, including:

  • Modular tiers for entree organization and convenient unpacking
  • Air pouches to protect your order from any bumps, or jumps during its journey
  • A cooler (for frozen orders) with dry ice that keeps your frozen foods cold.

Any Nutrisystem plan, that has frozen food selections and frozen food variety packs are 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, and other US territories and possessions.

Delivery Timeframe:

Depending on where you live, your Nutrisystem food order should arrive in approximately 1 to 10 business days from when you place your order. This timeframe includes your order being fulfilled at our warehouse and the transit time with our shipping partner(s).

Money Back Guarantee

If you're not satisfied with your first order, call 1-800-727-8046within the first 7 days. Valid on initial 4-week plans for the first time customers only. Limit one per customer.

The Money Back Guarantee is not valid on Partner Plans, Transition, Maintenance plans, Club Advantage subscription and Meal purchases. Returning customers are ineligible for Money Back Guarantee after initial purchase of a 4-week Nutrisystem plan.

Return Policy

Nutrisystem does not accept any returns. There are no refunds after the Money Back Guarantee period. Money Back Guarantee only applies to 4-week programs. Club Advantage subscription and food are non-returnable and non-refundable.

Any Refund that may be issued, will go back to the original method of payment on file. Please note that Nutrisystem is not responsible for any bank or credit card fees that you may incur.

Please Note: Any packages that are returned to our warehouses including any orders which were not cancelled prior to order being fulfilled and/or refused at the time of delivery, that are received by our warehouses will be discarded without a refund and will not be re-shipped to a customer.

Retail Purchases — Return Policy

When you purchase Nutrisystem products and services from the select group of authorized retailers and distributors, please refer to the return policies and money back policies of such authorized retailers and distributors.

Substitution Policy

Please be advised that although Nutrisystem takes every reasonable measure to have sufficient inventory to fill orders, 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.

Please note that substituted food items may contain different ingredients and allergens than those in items originally ordered. 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 specific ingredients.

Auto Delivery Delay Policy

When you sign up for Auto Delivery, you are expected to take 1 order every 6 months in order to keep your promotion. Failure to do so may result in the cancellation of your Auto Delivery and the loss of your promotion. Note: A cancellation fee will apply if you did not fulfill the two order minimum for your Auto Delivery agreement

III. Club Advantage

With Club Advantage, you are automatically billed, and your subscription continues automatically on the same basis as the applicable periodic subscription renewal fees. There are no minimum or maximum order requirements and benefits are subject to change at any time. Non-frozen and frozen food orders of $99 or more in a single transaction are shipped free of charge. For food orders under $99, shipping fee applies. Food is non-refundable and non-returnable and can be shipped to the Contiguous U.S. Food cannot be shipped to P.O. Boxes, A.P.O. Boxes or military addresses, Alaska, Hawaii, Puerto Rico or other US Territories and possessions.

Please note even if the Club Advantage benefits are not used, automatic renewals remain active until cancelled by the customer. The purchase of Club Advantage is non-refundable. To cancel your subscription, go to My Account and stop any future auto-renewal. PLEASE NOTE: Subscriptions will receive an email reminder prior to renewals.

Club Advantage Free Trial

If you subscribe to Club Advantage using one of our promotional free trial offers, you will receive Club Advantage access with no charge for the duration of the free trial period. You have no obligation to buy anything in the future as long as you cancel your Club Advantage subscription before the expiration of the free trial period.

Beginning after your free trial period expires, you will be automatically billed for your Club Advantage subscription at the regular price based on the option you selected at sign-up. Your subscription will then continue to automatically renew at the end of each subscription term as long as you stay a member of the Club Advantage subscription program. To stop your Club Advantage subscription from renewing, go to My Account or email customersupport@nutrisystem.comand stop any future auto-renewal. You must cancel by the date that your next subscription renewal is scheduled to be billed in order to not be billed.

Your Club Advantage subscription will remain in effect until you cancel by following the cancellation instructions herein. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, RENEWAL WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED AT THE TIME OF EACH RENEWAL. If you wish to cancel your Club Advantage subscription, you may do so by going to My Account, chatting in, or emailing customersupport@nutrisystem.comto stop any future auto-renewal.

By proceeding with your purchase, you acknowledge and agree that Nutrisystem will not obtain additional authorization from you for each future automatic renewal charge that will be charged to the payment card you provided initially. In addition, you do not hold Nutrisystem responsible for any overdraft charges or fees which you might incur during the ongoing subscription program.

We may, in our sole discretion, terminate your membership in the Program at any time without notice to you. We reserve the right to refuse or discontinue the Club Advantage subscription program in our sole discretion. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by going to My Account or calling a customer service representative at 1-800-727-8046. By receiving a trial, you agree to all terms and conditions of the trial. Some offers, including free trial offers, are only available to new customers.

Auto-Delivery Meals

If you select auto-delivery for food purchases, you are automatically charged and shipped your selected food items once every 2, 3, or 4 weeks, depending on the frequency selected at enrollment, unless you cancel. By providing your payment card information, you are authorizing the continuation of your enrollment in Nutrisystem auto-delivery automatically at the end of the selected period. Providing your payment card information also consents to our charging the payment method provided every 2, 3, or 4 weeks, until you cancel.

Your food will be shipped and billed with the payment method you have saved in your account. You agree to keep your payment method updated. As your order begins to fulfill, funds will be secured then charged prior to shipment. If your credit card cannot be charged and your payment method has not been updated and you have not cancelled your order within the required time frame, Nutrisystem will retry your saved card to fulfill your order. Please note: Deletion of information in My Account does not stop the auto-ship order from being fulfilled at our warehouse. The customer must chat in, call, or email to cancel their auto-delivery.

IV. Fulfillment and Delivery

Please read the Shipping Policy Carefully - Shipping food is a delicate process!

Orders are processed and shipped Monday through Thursday. The frozen and non-frozen portion of your order will ship together as a combined shipment but may sometimes ship separately.

Delivery of your order can take up to 10 business days from when your order begins to be fulfilled at our warehouse. Delivery and shipping days are dependent on your location. Once your order ships, the order confirmation email will provide more details about your delivery timeframe.

You may be sent an email or may receive a pre-recorded and auto-dialed telephone reminder (i) before your next scheduled order is fulfilled at our warehouse, and (ii) for shipping and billing information on your order.

You agree to provide us with a complete and accurate delivery address to enable us to fulfill your order. A delivery address may not be changed once an Order has been placed. As a guideline, to ensure product integrity, you must place frozen Products into a freezer ASAP after delivery.

We will not be held liable for any damages of any kind related to the purchase or use of our Products. We will not replace or provide a refund for any Products ordered by you by mistake.

You must notify us if you have received an incorrect Product/s or if you are missing any Products within 5 business days of delivery, please contact us. Failure to comply with these policies will result in no replacement Product/s or refund.

V. Gift Cards

Nutrisystem and/or its applicable subsidiary and/or its applicable affiliates sells gift cards only at select retailers for the purchase of Nutrisystem products at Nutrisystem or by calling 1-888-995-3438.

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 with the Gift Card number and PIN. You may get your balance on your Gift Card by calling 1-888-995-3438seven 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 account.

Gift Cards may not be used to purchase another Gift Card or toward previously purchased merchandise. Gift Cards are for personal use only and are not for resale, or purchase of goods for resale; Gift Cards cannot be refunded or exchanged, or redeemed for cash, except as required by law.

If your Gift Card is lost, stolen or destroyed, please contact customer service at 1-888-986-6967and provide your Gift Card number, and a new card will be issued 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 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).

Purchase of a Gift Card constitutes acceptance of these Terms and Conditions.

VI. 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. These calls may be pre-recorded and auto-dialed and are related to the shipment and delivery of your food, and payment reminders for your orders.

You may also opt-in to receive special offers from Nutrisystem. If you do so, our trained Nutrisystem representatives may call you using an automated dialing system..

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 1-800-585-5483. Nutrisystem shall continue to contact you for any order-related or transactional matters.

All calls to and from Nutrisystem may be monitored or recorded for quality and training purposes.

VII. Mobile Devices/SMS Messaging/Third-Party Fees

The Nutrisystem mobile messaging service (the “Service”) is offered through a third-party partner. We may modify or cancel the Service or any of its features without notice. From time to time, we may make mobile device applications and mobile marketing campaigns available to you and may allow you to register for services that involve push notifications and/or emails being sent to your mobile Device. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Nutrisystem to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message frequency varies. Msg & Data rates may apply. Mobile marketing campaigns may involve your sending text message or e-mail from your mobile Device to us or a third-party campaign operator. An autodialed text message, e-mail or other response will then be sent to your mobile Device. Opting to participate in a campaign is 100% your choice. Your consent to receive marketing text messages is not a condition of any purchase, and you may opt out at any time.

If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to our Service, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list.

Promotional messages on shortcodes 98096 and 46310 are recurring messages. You are responsible for obtaining access to the mobile Device services. Such access may involve third-party fees, including mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the applications, delivery of the messages, emails or other materials to your mobile Device. Please consult your mobile service provider's pricing plan prior to purchasing or downloading any application or registering for any such service to determine the charges for sending and receiving push notifications or emails from/to your mobile device. You will be given the opportunity to opt-in to receive push notifications or emails to your mobile Device at the time you register for the campaign and with each message or email you receive. To stop receiving text messages, text “STOP” to our shortcode by responding to any text message received from us. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just re-subscribe in the same manner that you previously used to sign up. If you have subscribed to other Nutrisystem mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by contacting us at customerservice@nutrisystem.comor 1-800-585-5483. Carriers are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

We collect various information on our behalf from and about you, including information you directly provide when you use the messaging service (the “Service”). When you engage in these mobile marketing campaigns, we and the third-party campaign operator that we work with may collect your cell phone number, the name of your wireless service provider, images that you send using your cell phone as part of the campaign, and other relevant information. Except to the extent required by law, text messaging originator opt-in data and consent will not be shared with any third parties.

When you send messages via the Service, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies. If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service. We use your information to deliver, analyze, maintain and support the Service. We may also use your information to enhance the Service features and customize and personalize your experiences on the Service.

Mobile Usage

The Site offers various tools or display functionality that may be accessible via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Site. In addition, downloading, installing, or using the Site on your mobile device may be prohibited or restricted by your mobile carrier, and not all functionality on the Site will work with all carriers or devices or in all locations. Therefore, you are solely responsible for: (i) checking with your mobile carrier to determine if the Site is available for your mobile devices; (ii) the restrictions, if any, may be applicable to your use of the Site; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use.

Additional Terms and Conditions for Apple Users

NOTE – The terms and conditions of this paragraph apply to you only if you downloaded Nutrisystem’s mobile application (the “App”) through Apple Inc.’s App Store.You acknowledge that this Agreement is between you and Nutrisystem, and that Apple Inc. (“Apple”) bears no responsibility for the App and its content. The license grant under this Agreement with respect to the App is a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by this Agreement and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of Company’s mobile app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or a third party relating to the App or your use of the App, including without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the App or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

We respect your right to privacy. For further information on how we collect and use your personal information, please see our Privacy Policy.

VIII. 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.

When you create an account, you will be asked to 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, its subsidiaries, and its affiliates for losses incurred by Nutrisystem or another party due to someone else using your account or password. Nutrisystem has the right to disable any username, password or other identifier, whether chosen by you or provided by Nutrisystem, at any time, in its sole discretion for any or no reason.

Personal Information

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection, use and sharing practices.

Content Posted By You

Content posted by you includes, but is not limited to, posting on Nutrisystem's social media pages and The Leaf. These sites contain various pages where you and others may post content ("Social Sites"). You may only post content to the Social 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 Social 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 Social Sites and grant the license rights and waivers granted to us under this Agreement and (b) the content does not and will not infringe any copyright, right of publicity or any other third-party right nor violate any applicable law or regulation.

By submitting or posting content to the Social Sites, you grant Nutrisystem, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide royalty-free right to reproduce, display, perform, distribute, modify, create derivative works of, adapt, and promote any posted content in any medium. Once you submit or post content to the Social Sites, Nutrisystem will not give you, and you irrevocably waive, any right to inspect or approve uses of such content or to compensate you for any such uses. Nutrisystem owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by Nutrisystem, using or incorporating content posted to the Social Sites. For more information please review Nutrisystem's Privacy Policy.

Without limiting the foregoing license, you hereby irrevocably waive any and all rights of privacy or publicity, or other rights of a similar nature in connection with the commercial exploitation of all and any portion of your content, consistent with the terms of this Agreement. To the extent included in your content, you hereby consent to the use of your name and any other names, trade names, fictitious names, trademarks and service marks, likenesses, performances, voices and identities (and/or that of any minor who you are responsible for) for any and all purposes in connection with our exercise of the license rights granted herein.

You should carefully choose the information you post on the Social Sites. Any content that you post to the Social 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 Social Sites and the consequences of posting anything on these Social Sites.

Nutrisystem, its affiliates, and its subsidiaries are 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 Social Sites.

Content Posted By Others

Nutrisystem is not responsible for, and does not endorse, content in any posting made by others on the Social Sites. You are solely responsible for your reliance on anything posted by others on the Social 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 Social Sites. If you become aware of misuse of the Social Sites by any person, please contact Nutrisystem at 1-800-585-5483or write to us at 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department.

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 Social 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 Site or Social 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 Site or Social Sites. Prohibited activities include, but are not limited to, the following:

  • Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Nutrisystem in its sole discretion. Nutrisystem takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer codes which is malicious or technologically harmful;
  • Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or "spamming;"
  • Harassing, threatening, stalking, or abusing any person;
  • Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or Social Sites, the server on which the Site or Social Sites are stored, or any server, computer or database connected to the Site or Social Sites; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site or Social Sites, or which, in the sole discretion of Nutrisystem, exposes Nutrisystem or any of its customers or suppliers to any liability or detriment of any type.

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 Site or Social Sites
  • Investigate an allegation that anything posted on the Site or Social 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;
  • Terminate your access to the Site or Social Sites upon any breach of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you);
  • Monitor, edit, or disclose any posting on the Site or Social Sites; and
  • Edit or delete any communications posted on the Site or Social Sites, regardless of whether such communications violate these standards; or
  • Nutrisystem may disclose your information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

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 Social Sites. YOU WAIVE, AND HOLD HARMLESS NUTRISYSTEM, ITS AFFILIATES, AND ITS SUBSIDIARIES 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 Site or Social 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 access to the Site or Social 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 any obligation to, provide you a warning prior to termination of your use of the Site or Social Sites.

IX. Nutrisystem Intellectual Property

The entire contents of the Site or Social 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 Social 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 Social 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.

Trademarks

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.

Copyright Protection

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 email 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 applicable 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 1100 Virginia Drive, Suite 175, 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.

X. 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

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by Nutrisystem with respect to your information in compliance with the Privacy Policy.

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.

Legal Disclaimers

Warranties

The Social 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, ITS AFFILIATES, AND ITS SUBSIDIARIES, 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 Social 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 Social 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 Social Sites will remain on the Social Sites. Nutrisystem does not warrant or guarantee that the functions or services performed on the Social Sites and/or Site will be uninterrupted or error-free or that defects in the Social Sites and/or Site will be corrected.

The Social 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, its affiliates, and its subsidiaries are 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, ITS AFFILIATES, AND ITS SUBSIDIARIES' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH NUTRISYSTEM IS TO DISCONTINUE YOUR USE OF THE SITE. NUTRISYSTEM AND ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SOCIAL SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOCIAL 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 AFFILIATES, ITS SUBSIDIARIES, AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold Nutrisystem, its officers, directors, employees, agents, licensors, affiliates, subsidiaries, 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 Social Sites and/or Site, including, but not limited to, any content that you may post, any use of the Social 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 Social Sites and/or Site.

XI. Resolving Disputes - Arbitration

All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, this T&C (including its formation, performance or alleged breach), your use of the Website, any communications between you and us (either directly or through a third party), and/or any aspect of our relationship with you will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute, except that you may assert claims or seek relief in small claims court if your claims qualify. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, Nutrisystem will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified Nutrisystem in writing and provided a copy of the arbitration proceedings. However, if Nutrisystem is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Nutrisystem. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in-person hearing in the United States in the county where you live or at another mutually agreed upon location.

The arbitrator's award will 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 this T&C may be joined to an arbitration involving any other party subject to this T&C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of Pennsylvania to enforce this T&C or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

WAIVER OF CLASS ACTION RIGHTS

ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THIS T&C (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

30 DAY RIGHT TO OPT-OUT.YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THIS AGREEMENT BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY EMAILING US AT CUSTOMERSUPPORT@NUTRISYSTEM.COM. THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THIS AGREEMENT, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.

XII. Miscellaneous

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.

Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Nutrisystem with respect to the Social Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Social Sites and/or Site.

Notice

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 to privacy@nutrisystem.comor by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Nutrisystem, Inc., 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department.

Updated: November 14, 2024

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