Your Agreement to Terms & Conditions

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.

Eligibility

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.

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, (e) have a condition requiring a gluten-free or ketogenic diet, or (f) are under 14 years of age. Adolescents aged 14-17 years require a specific plan. Please call 1-888-995-3438 for details. Nursing mothers also require an adjusted meal plan, which can be requested at dietitian@nutrisystem.com.

Nutrisystem is a portion-controlled, low-fat, reduced-calorie comprehensive weight loss program. Please consult your physician before beginning a 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 Nutrisystem.

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 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.

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.

Auto-Delivery Program

With the Auto-Delivery program you get a discount off the full retail value price and free shipping to the Continental US only. You are automatically charged and shipped your 28-Day program once every 4 weeks unless you cancel.

You will be sent an e-mail reminder before your next scheduled order begins processing. You can change your delivery schedule and your food selections on any order. Please do so by 6:00pm EST the day before your order is scheduled to begin processing.

You can cancel Auto-Delivery at any time before 6:00 PM 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, your payment method will be charged for Continental U.S. shipping and the amount of any auto-delivery discount received on your first 28-Day program delivery. For Select orders, your payment method will also be charged a $30 cancellation fee if you: (1) do not cancel the frozen food before shipping; and (2) refuse the frozen food upon delivery. The Select program is available to Continental U.S. residents only and cannot be shipped to PO Boxes, APO Boxes or military addresses.

Gift Cards and eGift Cards

• Delivery

Plastic Gift Cards are shipped FREE within 5 to 7 days of payment authorization. eGift cards are sent via e-mail within 24-48 hours upon payment authorization.

• Non-returnable, non-refundable, not for resale

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, can not 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.

• Non-reloadable

Gift Cards are non-reloadable.

• Lost or stolen Gift Cards

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 can not be replaced without the original receipt. Replacement Gift Cards will be the value of the card at the time Nutrisystem Inc. receives your report of loss, theft or unauthorized use. Nutrisystem, Inc. 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.

• Expiration Date, Fees

Gift Cards carry no expiration date (subject to applicable law). There are no fees charged for any reason.

• Not for promotional use

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.

• Easy to Use

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 at any time, 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.

• Additional orders and/or payments

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 then 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. Terms and conditions are subject to change or modification at any time.

Your Responsibility to Protect Your Account

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.

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. You may only post content to these 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 these 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.

By submitting or posting content to these sites, 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 these sites, 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 these sites. For more information please review Nutrisystem's Privacy Policy.

You should carefully choose the information you post on these sites. 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.

Content Posted By Other Users

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.

Activities Prohibited 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:

• Using the site for any purpose in violation of local, state, national, or international laws;
• 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 or pursuant to local community standards. 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 code;
• Harvesting or otherwise collecting information about others, including e-mail 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; or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, 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.
  
  

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;
• Investigate an allegation that anything posted on the site 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 a user's access to the site upon any breach of these Terms and Conditions;
• Monitor, edit, or disclose any posting on the site; and
• Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.

Nutrisystem Copyrights

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.

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 website 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 of 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: 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.

Warranties

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.

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 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.

Indemnification

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.

Governing Law

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 agree that any disputes that arise from these Terms and Conditions or from any products or services you receive from us will be resolved by arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will take place in Philadelphia, PA and will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action, even if AAA's rules provide otherwise.

If any provision of these Terms and Conditions is found to be invalid, 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.

Termination

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.

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 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: Chief Executive Officer/President.

EZ Pay Payment Option Plan (“EZ PAY”) for Nutrisystem purchases

You may qualify for EZ PAY if your order totals at least $100 before taxes or other charges. If you do qualify for EZ PAY, you agree that Nutrisystem will charge your credit card or debit card in four weekly equal consecutive installments (with the first one on the date your order is shipped, and on each consecutive week day thereafter). Please review these terms and conditions carefully.

You may select EZ PAY on the payment section of the check out page. Coupons, Buddy Bucks, escalating or promotion discounts and gift cards may be applied to your order. However, if you utilize any of the foregoing and your total order is less than $100, you are no longer eligible for EZ Pay (i.e., no longer eligible for weekly payment installments) and your payment method will be changed to a single card payment for the entire balance due.

If you select EZPay, and wish to use a gift card or any other discount option, you must submit the gift card and/or discount option at the time you place the order. We will subtract the value of your gift card and/or discount option from your order total and split the remainder of your balance into equal installments (again, only if the total order is over $100). Please note that you may not apply gift cards and/or discount option to your subsequent weekly installment payments. You may apply Buddy Bucks and/or gift cards to the first installment payment amount of each new program purchase only up until 6pm the night before the order is scheduled to process. The order total will be re-calculated if these are applied. If the total amount charged to the card is still more than $100, the order will remain on the EZ-Pay plan.

You may use your payment cards issued by VISA, Mastercard, American Express, or Discover in selecting the EZ Pay option. You must provide us with a payment card that is valid for the entire time frame over which EZ Pay is authorized (for example, if you select the EZ Pay option for an order commencing on May 15, you may not give us a card expiring as of May 31). Nutrisystem will not charge you any interest or any fees on your purchases. EZ Pay is valid for 28-day plan orders, transition plans, and any combination of a 28-day or transition plan orders plus a la carte items. EZ Pay is not valid on the purchase of subscription plans, gift cards and a la carte items. EZ Pay is not valid on orders in process or previous purchases. If you have selected EZ Pay, you may change to a different payment method prior to your next order being processed by going to Manage My Account at nutrisystem.com or calling 1-800-585-5483. You will receive an email confirmation once your order is placed detailing the EZ Pay installment payment schedule.

Upon shipment of your order, your payment method will be authorized for the first EZ installment amount. Thereafter you authorize that your payment method will be charged for an additional three weekly equal installment payments. You will receive an email notification from our third party service provider confirming your payment method was charged for the next succeeding installment payments. Any applicable taxes, shipping and handling charges will be added to your total and added into the four weekly installment payments. If your payment method authorization is declined at any time, the EZ PAY option is rescinded, your outstanding balance becomes immediately due and future orders are cancelled. Charge fees shall apply if rescinding occurs prior to receipt of the second program order. Nutrisystem retains the right to enforce collection proceedings against you for any unpaid balances. You will be responsible for any and all reasonable collection costs, court costs, reasonable attorneys' fees, or any other expenses incurred in the collection of your obligations to us.

By proceeding with your order, you agree to maintain sufficient funds on the payment method you have provided (if it is a debit card) or sufficient credit availability on a credit or charge card so that subsequent payments can be billed to that payment method selected. If the payment method expires or is replaced, you agree to notify Nutrisystem Customer Service and provide an alternative payment method with the necessary funds available.

If you do not agree with the terms of under which you may utilize the EZ Pay option, you may select another payment option at nutrisystem.com.

The EZ Pay Plan terms (as well as all other terms and conditions regarding the use of our Site and our products) are governed by the laws of the Commonwealth of Pennsylvania.