Your Agreement to Terms & Conditions
Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective immediately for new customers, and for existing customers they shall be effective 30 days following posting. You agree to the new posted Terms and Conditions by continuing your use of the App and/or Site. Each time you use the App and/or Site, 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 App and/or Site.
By using our App and/or 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 App and/or Site in accordance with these Terms and Conditions.
Use of NuMi by Nutrisystem®
NuMi by Nutrisystem is an easy method to track your weight-loss progress either by using the NuMi by Nutrisystem® App available at no charge on the App store or in Google Play, and/or creating a profile at numi.com. NuMi by Nutrisystem promotes a portion–controlled, reduced calorie comprehensive weight-loss program and the data contained in the App and on the Site is provided to help you follow the Nutrisystem® weight loss program in particular. NuMi provides meal recommendations, combined with exercise, based on your responses to the profile you create. Changing your diet or losing weight may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet or weight loss while on a weight-loss program. Thus, we encourage all customers who track their weight loss using the NuMi App and/or Site to discuss their enrollment with their physicians to determine whether any action is necessary. People who are: (a) pregnant, (b) breastfeeding a child who is under the age of 2 months, (c) under 18 years of age, (d) anorexic or bulimic, (e) in excess of 450 lbs (men) or in excess of 400 lbs (women), or (f) following a specialized diet for health issues should consult with their physician. NuMi by Nutrisystem is not intended to diagnose, treat, cure, or prevent any disease.
As a User, you will have access to our Site and App that is specifically designed for your Nutrisystem® plan. You will have access via your computer or your mobile phone to view Nutrisystem meal plans and recipes, activity tools, log your meals and activities, and view your progress. No matter where you are, home, work or travel, NuMi goes with you.
You may be given access to savings, discounts, rebates and other benefits on certain products and services offered by participating vendors. By becoming a User, you agree to receive emails with offers and advertisements from benefit providers and retailers, as such offers are part of our weight-loss services and programs (collectively, “Services”).
We reserve the right to modify, enhance, terminate or otherwise change particular benefits or benefit providers from time to time at our sole discretion.
Your Responsibility to Protect Your Account
NuMi reserves the right to withdraw or amend this App and/or Site, and any service or material we provide on the App and/or Site, in its sole discretion without notice. NuMi will not be liable if for any reason all or any part of the App and/or Site is unavailable at any time or for any period. From time to time, NuMi may restrict access to some parts of the App and/or Site, or the entire App and/or Site, to users, including registered users.
When you sign up to use the App and/or Site and create an account, you will be asked to create an account and 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 NuMi for losses incurred by NuMi or another party due to someone else using your account or password. NuMi has the right to disable any username, password or other identifier, whether chosen by you or provided by NuMi at any time, in its sole discretion for any or no reason.
Intellectual Property Rights
The App and/or 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, its affiliates, 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 App and/or 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 App and/or Site.
You must not (i) modify copies of any materials from the App and/or 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 App and/or Site. You must not access or use for any commercial purposes any part of the App and/or Site or any services or materials available through the App and/or Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App and/or Site in breach of the Terms and Conditions, your right to use the App and/or 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 App and/or Site or any content on the App and/or Site is transferred to you, and all rights not expressly granted are reserved by NuMi. Any use of the App and/or 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 NuMi name, logo and all related names, logos, product and service names, designs and slogans, as well as the Nutrisystem name, logo and 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 App and/or Site infringe your copyright, you may request removal of those materials (or access thereto) from this App and/or Site by contacting NuMi (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 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 NuMi by Nutrisystem, 600 Office Center Drive, Fort Washington, PA 19034, Attention: Legal Department. In an effort to protect the rights of copyright owners, NuMi maintains a policy for the termination in appropriate circumstances, of subscribers and account holders of the App and/or Site who are repeat infringers.
Changes to the Site
NuMi may update the content on this App and/or Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App and/or Site may be out of date at any given time, and NuMi is under no obligation to update such material.
Information About You and Your Visits to the Site
Links from the App and/or Site
This App and/or Site contain links to other sites and resources provided by third parties, and these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. NuMi 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 App and/or Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
NuMi may disable all or any links at any time without notice in our discretion.
If you access our App using a third party device, you acknowledge that each of those third party companies (collectively, “App Provider”) will not be responsible for any damages arising out of the failure of any of our Services from operating as intended. When accessing our Services by or through an App Provider, you acknowledge and agree that these terms and conditions are between you and NuMi by Nutrisystem, and not with the App Provider, and we are solely responsible for any Services (such as mobile applications), and not the App Provider. The App Provider has no obligation to furnish any maintenance or supportive services with respect to any Services.
NuMi Text Alerts
At times, NuMi by Nutrisystem may send you program tips and reminders via autodialed text alerts. Your consent to receive text alerts is not a condition of any purchase. You can cancel this SMS service at any time by texting “STOP” to our shortcode by responding to any text message received from NuMi. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just re-subscribe in the same manner that you previously used to sign up.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com or 1-800-585-5483. Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
The Nutrisystem Site, South Beach Diet Site, and NuMi by Nutrisystem App and/or Site (the “Sites”) and the content are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, NuMi, NUTRISYSTEM, ITS AFFILIATES, ITS SUBSIDIARIES, ITS LICENSORS, AND ITS VENDORS, 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. NuMi makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites, the App and/or Site. NuMi cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. NuMi cannot and does not guarantee or warrant that files available for downloading from these Sites, App and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. NuMi cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. NuMi does not warrant or guarantee that the functions or services performed on the Sites, App and/or Site will be uninterrupted or error-free or that defects in the Sites, App and/or Site will be corrected.
The Sites, App and/or Site 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 NuMi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NuMi, Nutrisystem, Its affiliates or its subsidiaries. NuMi, 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
NUMI, NUTRISYSTEM, ITS AFFILIATES, AND ITS SUBSIDIARIES’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH NUMI IS TO DISCONTINUE YOUR USE OF THE APP AND/OR SITE. NUMI, NUTRISYSTEM, ITS AFFILIATES, IT SUBSIDIARIES, ITS LICENSORS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITES, THE APP AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES, THE APP 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 NUMI 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, NUMI’S, NUTRISYSTEM’S AND ITS AFFILIATES, ITS SUBSIDIARIES, ITS LICENSORS, AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold NuMi, its parent company, affiliates, subsidiaries, its members, 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 or your use of the Sites, the App and/or Site, including, but not limited to, any use of the Sites’, App’s 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 Sites, the App and/or Site.
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.
Resolving Disputes — Arbitration
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 NuMi 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. NuMi 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 YOU NOR NUMI 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 of by NuMi of any of these 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 NuMi 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.
NuMi may deliver notice to you under these Terms and Conditions by means of electronic mail to your address on record in your NuMi account or by a general notice on the Site. You may give notice to NuMi at any time via electronic mail to Privacy@nustrisystem.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: NuMi by Nutrisystem, 600 Office Center Drive, Fort Washington, PA 19034 Attn: Legal Department.
Updated: April 29, 2021