Nutrisystem® Website Terms and Conditions

These Terms and Conditions govern your use of the Nutrisystem® website (the "Site"). Please read them carefully before registering for or using the Site.

Agreement to Terms
By registering for or using the Site, you agree to these Terms and Conditions and the Nutrisystem® Privacy Policy (please read our Privacy Policy above by clicking on the Privacy Policy link in the Important Notices section of the Help/FAQ page). 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 North, Inc Eligibility
By registering for or using 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
The Site is a comprehensive weight reduction website designed to teach you the skills to reduce weight and maintain your weight reduction. 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. It is also important to be aware of certain risks that have been associated with weight reduction. Any weight reduction 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 consult your physician before beginning a Nutrisystem® program, or any other weight reduction program. If there is a change in your medical condition, you must immediately notify your counsellor.

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.

Please refer to the Terms and Conditions for Nutrisystem, Inc. if you join the community website at nutrisystem.com.

Nutrisystem® Copyrights

The entire contents of the Site are copyrighted as a collective work under the laws of United States, Canada 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 web site by contacting Nutrisystem (as set forth below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained 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 North Inc. 550 Blair Mill Road, Horsham, PA 19044 ATTN: Senior Director, Corporate and Legal Compliance 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.

Governing Law
Unless prohibited by local 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. Unless prohibited by local law, 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.

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 AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR PARTICULAR OR GENERAL PURPOSE. Nutrisystem makes no representations, warranties or conditions as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Nutrisystem cannot and does not provide any guarantee, warranty or condition: (i) against human and machine errors, omissions, delays, interruptions or losses, including loss of data; (ii) 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; (iii) that any content you post on the Site will remain on the Site; and (iv) that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected. To the maximum extent permitted by law, the provisions of the United Nations Convention on Contracts for the International Sale of Goods are hereby disclaimed.

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 PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES 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, losses, costs, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

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 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 mail or overnight courier to the following address: Nutrisystem North Inc. 550 Blair Mill Road, Horsham, PA 19044 , Attn: Chief Executive Officer/President.

Food Substitutions
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.

Language
The parties confirm that it is their wish that these Terms and Conditions, as well as any other documents relating to these Terms and Conditions, including notices, schedules and authorizations have been and shall be drawn up in the English language only. Les signataires confirment leur volonté que la présente convention, de même que tous les documents s'y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.