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, (Section X) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section IX)
This Document contains the terms and conditions of your receipt and payment for Nutrisystem® goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF NUTRISYSTEM GOODS AND SERVICES.
We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
Important Health Information for Nutrisystem® Program (Not Applicable to Wisely Well™ Products)
People with certain conditions may not use the Nutrisystem program; these include, but are not limited to people who: (a) are pregnant, (b) are allergic to soy, peanuts, or latex (which is used in food processing), (c) have anorexia or bulimia, (d) have chronic kidney disease, or (e) have a condition requiring a gluten-free or ketogenic diet.
Children under 14 years of age may not be on the Nutrisystem program. Adolescents aged 14-17 years require a specific meal plan and physician approval. Nursing mothers also require an adjusted meal plan. Men weighing in excess of 450 lbs. and women weighing in excess of 400 lbs. require doctor approval to be on the Nutrisystem program. For more information, relating to other health conditions that may require physician approval, including adjusted meal plans, contact the Nutrition Support Team at firstname.lastname@example.org or 1-888-995-3438.
The Nutrisystem program is a portion-controlled, reduced-calorie comprehensive weight loss program. Please consult your physician before beginning the Nutrisystem program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Anyone on insulin or diabetic medications who go on a low-calorie diet may be at risk of hypoglycemia (low blood sugar) if medications are not adjusted. 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 also discuss your continued participation in the Nutrisystem program with your physician if there is any change in your medical condition. For information that you can share with your physician about the Nutrisystem program, please contact the Nutrition Support Team at email@example.com or 1-888-995-3438.
It is important to note that medical studies indicate that people 20 percent or more above their recommended weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the Nutrisystem program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications
Wisely Well™ Products
Wisely Well products are nutritionally-balanced, prepackaged meals sourced from quality ingredients free of any artificial colors, artificial flavors or artificial sweeteners. Wisely Well products are available for purchase on an a la carte basis only and are shipped frozen to purchaser. Nutrisystem provides Wisely Well purchasers with access to wellness coaches who provide support with meal selection, meal planning and grocery shopping guidance. WISELY WELL PRODUCTS ARE NOT RETURNABLE OR REFUNDABLE UNDER NUTRISYSTEM’S RETURN POLICY OR MONEY BACK GUARANTEE POLICY.
Retail Products – Weight Loss Kits
There is a select group of authorized retailers and distributors that may sell or distribute Nutrisystem products. Nutrisystem carefully constructs, manages and maintains these exclusive channels to ensure the authenticity, freshness, quality and safety of its food products, along with the integrity of its brand and its goodwill with customers. You may call customer service to find our select group of authorized retailers and distributors, as the group is subject to change.
Purchase of Nutrisystem food products, other than from authorized retailers and distributors, is not recommended, and is done so at your own risk.
Nutrisystem weight loss kits may contain shakes and a specially selected assortment of meals designed as a jumpstart to your weight loss program. It is recommended to continue with the Nutrisystem program for best weight loss results. Kits and select individual food items are available at select retailers only.
All Nutrisystem accelerated 7-day weight loss kits contain shakes and a specially selected assortment of meals designed for 5 lbs of weight loss in your first week on the Nutrisystem program. Results vary depending on starting weight and program adherence. Usage of a 7-day weight loss kit for more than one week in any consecutive 4-week period may lead to health complications and is not recommended. If you have diabetes, are under 18 years of age, are pregnant or a nursing mother or following a specialized diet for health issues, you may not use Fast 5 or Turbo Takeoff. Please consult with your physician before purchasing (or beginning) these kits. For questions, please contact the Nutrition Support Team at 1-888-995-3438 or a Nutrisystem coach at 1-800-585-5483. These kits are available online at https://www.nutrisystem.com; or by calling 1-800-435-4074; or at select retailers.
Food Substitution Policy
Although Nutrisystem takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Nutrisystem is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, Nutrisystem reserves the right to substitute a similar product. When making substitutions, Nutrisystem takes great care to meet the requirements of your particular Nutrisystem program. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all Nutrisystem food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: Nutrisystem food items may contain or may have been manufactured in a facility that also processes: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans.
II. Auto-Delivery Program
Nutrisystem offers a variety of auto-delivery and non-auto-delivery programs. Each program may be separately shipped and separately billed. AUTO-DELIVERY PROGRAM DOES NOT APPLY TO WISELY WELL PRODUCT ORDERS.
With all 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. Charges will be incurred for shipments to Alaska, Hawaii, Puerto Rico, Canada and other US territories and possessions for all orders.
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.
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.
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. Refunds follow the 30-day return policy.
You may be sent an email or may receive a pre-recorded and auto-dialed telephone reminder (i) before your next scheduled order begins processing, and (ii) for shipping and billing information on your order.
You may switch your plan selection. Pricing and promotions will be adjusted according to the new plan you select. You can change your orders processing schedule and your product selections on any order. You may do so by 6:00 p.m. ET the day before your order is scheduled to begin processing; 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 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.
You may cancel your auto-delivery program at any time before 6:00 p.m. ET the day before your order is scheduled to be processed by calling 1-877-338-8446. If you cancel any auto-delivery program using the Monthly Payment Option, after the first 14 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. For all 4-week orders, your payment method will be charged a $19.99 shipping fee (1) if you cancel after your order has been processed; and (2) if you refuse the order at time of delivery.
Customers may purchase any number of frozen food selections and add them to any auto-delivery program order and will receive free shipping on these additional frozen food selections above $75.00. Shipping charges in the amount of $20.00 shall apply on additional frozen food selections less than $75.00. Frozen food variety packs are not included.
There is a packaging fee on all orders. The packaging fee is for advanced packing materials, including:
- Modular tiers for entrée organization and convenient unpacking
- Air pouches to protect your order from any bumps, drops or jumps during its journey
- A Bio-degradable cooler (for frozen orders) with dry ice that keeps your frozen foods cold.
The Nutrisystem Uniquely Yours plan, all 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, Canada and other US territories and possessions.
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 processing time 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 1-800-727-8046 within the first 14 days and send the remaining food back for a full refund, less shipping. Good on new 4-week Basic, and Uniquely Yours plans, first order only. Limit one per customer. The Money Back Guarantee is not valid on Transition and Maintenance plans, Wisely Well product purchases and a la carte purchases. See return policy below for these plans and purchases. PURCHASES OF FROZEN FOODS AND A LA CARTE PRODUCTS, INCLUDING BUT NOT LIMITED TO, PURCHASES OF WISELY WELL PRODUCTS, ARE NOT RETURNABLE OR REFUNDABLE UNDER NUTRISYSTEM'S MONEY BACK GUARANTEE POLICY OR RETURN POLICY.
If, within thirty days of receipt of your package, for Monthly Payment Option, there is any reason you wish to return any unopened Nutrisystem non-frozen food item, Nutrisystem will give you a refund (less return shipping), no questions asked, that’s how confident Nutrisystem is that you’ll love the food. For Pay Upfront option, once the pre-paid orders have been completed, the next paid auto delivery order will fall under the Return Policy. Frozen food items are not returnable. Frozen foods are not refundable except under the Money Back Guarantee policy. PURCHASES OF FROZEN FOODS AND A LA CARTE PRODUCTS, INCLUDING BUT NOT LIMITED TO, PURCHASES OF WISELY WELL PRODUCTS, ARE NOT RETURNABLE OR REFUNDABLE UNDER NUTRISYSTEM'S RETURN POLICY OR MONEY BACK GUARANTEE POLICY.
Return Authorization Number (RMA#).
Please call Customer Service at 1-800-585-5483 to obtain a Return Authorization Number (RMA#). All requests for refunds and returns must be made within 30 days of receipt of your package. Your package must be postmarked within 48-72 hours after the RMA # has been issued to you.
Please note: Any packages that are returned to our warehouses without an RMA#, including any orders which were not cancelled prior to order processing, and/or refused at the time of delivery, will have a return shipping fee of $19.99 (subject to change) deducted before a credit (if any) is issued.
FedEx Convenience Label
Once you receive your RMA#, put this number on the package. Indicate the reason for your return, include the packing slip that came with your order, and wrap the package securely. If you do not have your packing slip, please indicate the order number on a separate piece of paper and, enclose it in the package. For your convenience, we will email you a return FedEx label (for program orders only). A return shipping fee will be deducted before a credit (if any) is issued. Affix the return label that was sent to you. You can either arrange with FedEx to pick up your package or you can drop off your package to a FedEx location.
Returning your package on your own?
Once you receive your RMA#, put this number on the package. Indicate the reason for your return, include the packing slip that came with your order, and wrap the package securely. If you do not have your packing slip, please indicate the order number on a separate piece of paper, enclose in the package and send the package to the following address:OHL/Nutrisystem Returns Dept. - (Your RMA#)
1490 Nitterhouse Drive
Chambersburg, PA 17201
To ensure proper credit to your account, Nutrisystem recommends that you use UPS, Federal Express or Insured Parcel Post for shipment. Please save your shipping receipt and your tracking information until your return is processed. If you have any further questions, please feel free to call Customer Service at 1-800-585-5483.
Credits are issued within 14 business days after your return is processed in the Nutrisystem warehouse but may not appear on your statement for 1-2 billing cycles. Refunds issued by paper check can take up to 4weeks to be processed. Shipping costs are not refundable unless it is a result of our error. Credits are issued back to the original method of payment for the returned product. Please note that Nutrisystem is not responsible for any bank or credit card fees that you may incur.
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.
III. A La Carte and Maintenance Plans
Nutrisystem offers a variety of plans, including a la carte and maintenance, to its customers who are ready to take the next step in their weight loss journey. These comprehensive plans offer customers complete flexibility by allowing them to continue enjoying Nutrisystem entrees and snacks as desired while learning to add their own healthy recipes to their daily menus. These plans offer a variety of options to customers who have reached their weight loss goals, or who may want to continue on the program but according to their lifestyle. These programs are available on an auto-delivery and non-auto-delivery basis. Please call us at 888-747-8446 or visit our website for details on these programs.
Members will also receive unlimited access to coaching to ensure a seamless transition to a lifetime of healthy eating.
We reserve the right to modify, enhance, terminate or otherwise change your Nutrisystem plan benefits from time to time at our sole discretion.
This membership is offered in different monthly increments. The membership includes special offers, discounts and free shipping. Please note automatic renewals remain active until cancelled by the customer. Transitional emails go out before any automatic renewal is processed. If a membership is not used by the customer, the charges are valid until the customer cancels their membership. Refunds will not be issued if a customer does not place an order with this membership discount.
Auto Delivery Delay Policy
When you sign up for Auto Delivery, you are expected to take at least one order every 12 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
IV. 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 the Gift Card number and PIN. You may get your balance on your Gift Card by calling 1-888-995-3438 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 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 you decide to return merchandise that you purchased using your Nutrisystem Gift Card, the refunded amount will be sent through a paper check and will be equal to the purchase price of the gift card, less any amount that has been used. Gift Cards are non-reloadable. Gift Cards carry no expiration date (subject to applicable law). There are no fees charged for any reason.
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 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.
V. 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.
VI. Your Responsibility to Protect Your Account
Nutrisystem reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Nutrisystem will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Nutrisystem may restrict access to some parts of the Site, or the entire Site.
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.
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.
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 1-800-585-5483 or write to us at 600 Office Center Drive, 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.
VII. 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.
The Nutrisystem name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Nutrisystem or its affiliates or licensors. You must not use such marks without the prior written permission of Nutrisystem. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Nutrisystem (as set forth below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and 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 600 Office Center Drive, Fort Washington, PA 19034, ATTN: Legal Department. In an effort to protect the rights of copyright owners, Nutrisystem maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
VIII. Changes to the Site
Nutrisystem may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Nutrisystem is under no obligation to update such material.
Information About You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Nutrisystem has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Nutrisystem may disable all or any social media features and any links at any time without notice in our discretion.
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.
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.
IX. Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-585-5483. If Nutrisystem's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Nutrisystem has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA"). Unless you and Nutrisystem agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. Nutrisystem agrees that it will pay a consumer’s filing fee for the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR NUTRISYSTEM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Waiver and Severability
No waiver by Nutrisystem of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nutrisystem to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules.
Nutrisystem may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Nutrisystem account. You may give notice to Nutrisystem at any time via electronic mail to firstname.lastname@example.org or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Nutrisystem, Inc., 600 Office Center Drive, Fort Washington, PA 19034, Attn: Legal Department.
Updated: March 30, 2021