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By registering for or using the site, you agree to these Terms and Conditions and the Nutrisystem Privacy Policy. Each time you use the site, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may discontinue using the site. You cannot register or use the site until you have accepted these Terms and Conditions.
Nutrisystem, Inc. ("Nutrisystem") may change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the site.
By registering to use the 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 site is a comprehensive weight loss website designed to teach you the skills to lose weight and maintain your weight loss. Nothing contained on the site is intended to be instructional for medical diagnosis or treatment. You may not use a Nutrisystem program if you are (a) pregnant, (b) nursing, (c) under 18 years of age, (d) anorexic or bulimic, or (e) allergic to peanuts. Please consult your physician before beginning a Nutrisystem program, or any other weight loss program. If there is a change in your medical condition, you must immediately notify your counselor.
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, diarrhea, dizziness, dry or cold skin, fatigue, gout, hair loss, headaches, 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 the food that is recommended on the Nutrisystem program. Failure to follow the program protocol and eat all of the food recommended may involve the risk of developing serious health complications.
When you sign up to use the site and create an account, you will be asked to create 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 as a result of your failure to use reasonable care to safeguard your account.
The site contains various pages where you and other members may post content. You may only post content to the site 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 site, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the site 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.
By submitting or posting content to the site, you grant Nutrisystem, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to the site, Nutrisystem does not need to give you any further 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 created by Nutrisystem using or incorporating content posted to the site.
You should carefully choose the information you post on the site. 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 the site and the consequences of posting anything on the site.
Nutrisystem is not responsible for, and does not endorse, content in any posting made by other users on the site. You are solely responsible for your reliance on anything posted by another member on the site. Under no circumstances shall Nutrisystem be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the site. If you become aware of misuse of the Website by any person, please contact Nutrisystem or click on the "Report Inappropriate Content" link at the bottom of any page on the site.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You should contact your doctor before following any diet or exercise advice posted by any member on the site.
The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. 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. Prohibited activities include-but are not limited to-the following:
Nutrisystem reserves the right-but is not obligated-to do any or all of the following:
The entire contents of the site 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 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.
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 website by contacting Nutrisystem (as set forth below) and providing the following information:
Send this information by mail to Nutrisystem 300 Welsh Rd. Horsham, PA 19044 ATTN: Director, Legal & Franchise Administration or by e-mail to dbergner@nutrisystem.com.
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.
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. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and Conditions and or your use of the Site resides in the courts located in the Commonwealth of Pennsylvania, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
The site and the content are provided on an "as is" 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 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 this 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 site will remain on the site. Nutrisystem does not warrant or guarantee that the functions or services performed on the site will be uninterrupted or error-free or that defects in the site will be corrected.
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 DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE 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.
Nutrisystem has the right to terminate your account and access to the site for any reason, including, without limitation, if Nutrisystem, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you). Nutrisystem may, but shall be under no obligation to, provide you a warning prior to termination of your use of the site.
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., 300 Welsh Road, Horsham, PA 19044, Attn: Chief Executive Officer/President.
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.
The information we collect allows us to fulfill your order. Occasionally, we also use this information to notify you about important changes to our web site, new Nutrisystem services, and special offers we think you'll find valuable. Read Privacy Policy
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Nutrisystem, Inc., 300 Welsh Road, Bldg.1, Horsham, PA 19044