Terms of service
Terms and Conditions
Effective: September 1, 2026
Your Agreement to Terms & Conditions
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION. EXCEPT AS EXPRESSLY PROVIDED IN SECTION X, YOU AND NUTRISYSTEM, LLC AGREE TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS AND GIVE UP THE RIGHT TO SUE IN COURT, HAVE A JUDGE OR JURY DECIDE THE DISPUTE, OR PARTICIPATE IN A CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE ACTION. ARBITRATION GENERALLY PROVIDES LESS DISCOVERY AND APPELLATE REVIEW THAN COURT. PLEASE READ SECTION X CAREFULLY.
These Terms and Conditions govern your access to and use of Wellina.co and related services, and your purchase and use of products, memberships, and auto-delivery subscriptions offered through the Site.
These Terms are a binding agreement between you and Nutrisystem, LLC, which operates Wellina.co and offers products and services under the Wellina brand. In these Terms, "Wellina," "we," "us," and "our" mean Nutrisystem, LLC and, where applicable, its affiliates that provide the relevant product or service. When you click a button or check a box stating that you agree to these Terms, including when you create an account, enroll in a Membership or auto-delivery subscription, or submit an order, you agree to these Terms and acknowledge our Privacy Policy. Your use of Wellina.co (the "Site") is conditioned on compliance with these Terms. If you do not agree, do not create an account, enroll, submit an order, or continue using the Site. The Site is intended only for adults who have reached the age of majority where they live and who reside in the United States or its territories and possessions. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with applicable law.
We may revise these Terms from time to time. Revised Terms apply prospectively from the stated effective date. We will provide any notice, and obtain any additional consent required by applicable law before a material change affects an active membership or auto-delivery subscription. The version in effect when a dispute arose will govern that dispute. By continuing to use the Site or placing an order after revised Terms take effect, you accept the revised Terms. If you do not agree, you must stop using the Site and cancel any affected recurring service.
I. Eligibility
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. Wellina is intended only for consumers who have reached the age of majority. By purchasing or enrolling in Wellina products, you represent that you have reached the age of majority where you live.
Important Health Information and Health Disclaimer
For purposes of this section, a "Weight-Loss Offering" means a meal plan, bundle, product, or service that the Site expressly identifies as intended to support weight loss or weight management. A Wellina membership by itself, and an individual product not marketed for weight loss or weight management, is not a Weight-Loss Offering. A high-protein meal plan is a Weight-Loss Offering only if it is expressly marketed for weight loss or weight management; however, the kidney-disease warning below applies to any high-protein meal plan.
Wellina may offer products and plans branded Wellina, Nutrisystem, Jenny Craig, or another identified brand. Eligibility requirements, directions, ingredients, allergen information, and health warnings are specific to the applicable product or plan and do not automatically apply to every product sold through Wellina.
Weight-Loss Offerings are intended only for adults who have reached the age of majority. Do not use a Weight-Loss Offering if you are pregnant, have a body mass index below 18.5, currently have an eating disorder, or have been diagnosed with or treated for an eating disorder within the preceding five years. If you were diagnosed with or treated for an eating disorder more than five years ago, consult a licensed health care professional before using a Weight-Loss Offering. If you are pregnant and considering a meal plan that is not marketed for weight loss, or if you are breastfeeding, use the plan only with the approval of your health care professional.
Consult a licensed health care professional before beginning a Weight-Loss Offering or making a substantial change to your diet or exercise. Consultation is especially important if you have a medical condition; take prescription medication, including medications for diabetes or weight management; follow a medically prescribed, gluten-free, ketogenic, or other therapeutic diet; have had bariatric surgery; have a significant food allergy; or exceed any maximum starting weight identified for the applicable Weight-Loss Offering. Changes in diet, exercise, or body weight may affect a medical condition or require adjustment of medication.
If you have chronic kidney disease or kidney failure, or are receiving dialysis, do not begin a Weight-Loss Offering or high-protein meal plan unless your nephrologist, renal dietitian, or other qualified health care professional has reviewed and approved the applicable Weight-Loss Offering or high-protein meal plan. Requirements for protein, sodium, potassium, phosphorus, calories, and fluids vary based on kidney function and treatment.
WELLINA DOES NOT PROVIDE MEDICAL, MENTAL-HEALTH, TELEHEALTH, DIAGNOSTIC, TREATMENT, PRESCRIBING, OR EMERGENCY SERVICES. INFORMATION ON THE SITE AND COMMUNICATIONS FROM CUSTOMER-SERVICE REPRESENTATIVES OR CHAT AGENTS ARE FOR GENERAL EDUCATIONAL, PRODUCT, MEMBERSHIP, ACCOUNT, AND ORDER PURPOSES ONLY. THEY ARE NOT MEDICAL ADVICE AND DO NOT CREATE A HEALTH CARE PROVIDER-PATIENT RELATIONSHIP. ANY SEPARATE SERVICE EXPRESSLY IDENTIFIED AS BEING FURNISHED BY A LICENSED HEALTH CARE PROFESSIONAL IS GOVERNED BY SEPARATE SERVICE TERMS AND NOTICES.
Food-allergy compatibility varies by product and plan. Before enrolling in a meal plan, contact customer support using a method identified on the Site to determine whether the applicable plan can accommodate the product exclusions you require. Ingredients, formulations, suppliers, and substituted items may change. Any Site filter is provided only as a shopping aid and may not identify all ingredients or cross-contact risks; it is not a substitute for reviewing the actual package label. Before each use, review the ingredient list, allergen statements, Nutrition Facts, directions, and warnings on the actual package. Do not consume a product that contains or may contain an allergen you must avoid. The package label controls as to ingredients, allergens, Nutrition Facts, preparation and storage directions, and package warnings for the product delivered.
Do not use the Site or chat to seek help for a medical emergency. If you believe you may have a medical emergency, call 911 or your local emergency number immediately. Do not delay obtaining professional care because of information on the Site or while waiting for a response from Wellina.
Individual weight-loss results vary, and no particular amount or rate of weight loss is guaranteed. Follow all directions for the applicable Weight-Loss Offering, including any required food or beverage additions, unless your health care professional directs otherwise. Skipping recommended foods or otherwise reducing the recommended intake may prevent a plan from providing its intended calories and nutrients.
If information from Wellina conflicts with advice from your health care professional, follow your health care professional's advice. If you experience concerning symptoms or a worsening medical condition, stop using the applicable Weight-Loss Offering and promptly contact your health care professional. The Health Information Disclaimer is incorporated into these Terms.
II. Auto-Delivery Subscriptions
Wellina offers both one-time purchases and recurring auto-delivery subscriptions. Before you enroll, the Site will disclose the products, recurring price or pricing method, billing and shipment frequency, minimum purchase obligation (if any), and how to cancel. By affirmatively enrolling, you authorize Wellina to charge the payment method you select at the disclosed interval until you cancel. Separate subscriptions may be shipped and billed separately. You must keep your payment information current. If a charge fails, we may retry the payment method you provided. Removing a payment method or deleting account information does not by itself cancel a subscription. After enrollment, we will provide an acknowledgment you can retain that states the recurring terms, cancellation policy, and how to access the cancellation method.
Enrollment, Consent, and Billing
Subject to product availability and the terms of your offer, you may change product selections, shipment frequency, or a scheduled shipment through your Account. Changes must be completed before 6:00 p.m. Eastern Time on the day before the order is scheduled to begin fulfillment. Changes requested after that cutoff may apply only to a later shipment. Scheduled dates may shift because of weekends, holidays, warehouse volume, carrier delays, or other operational conditions. A temporary authorization hold may appear when processing begins; the charge is completed when the order ships.
We may discontinue a product or configuration. If a recurring item becomes unavailable, the Substitution Policy below applies. We will provide advance notice of material changes to recurring price, cadence, or other subscription terms as required by law, and you may cancel before the change takes effect.
You may cancel an auto-delivery subscription at any time through the online cancellation method in your Account or by clicking “Manage Subscription” in the Site footer. The online method will be available to any consumer who enrolls online and, after reasonable authentication, will permit immediate cancellation without steps that obstruct or delay cancellation. If online authentication cannot be completed, you may contact customer support through another method posted on the Site solely to authenticate and complete the cancellation. To stop an order that is already scheduled, cancellation must be completed before 6:00 p.m. Eastern Time on the day before fulfillment begins. A later cancellation will stop future orders but may not stop or refund an order already in fulfillment. Cancellation is effective when you complete the cancellation request; we will promptly send confirmation.
We may send transactional communications about upcoming orders, payment issues, shipping, and billing. We will send renewal reminders, promotional-expiration notices, and material-change notices when required by law. Prerecorded, artificial-voice, autodialed, or marketing calls or texts will be made only with the consent required by applicable law.
Promotional prices and discounts are subject to the offer terms disclosed before enrollment. After a promotional period ends, the subscription will renew at the disclosed then-current price unless you cancel. Taxes, shipping charges, and other applicable charges will be disclosed before you submit the order.
Nutrisystem and Jenny Craig Weight-Loss Subscriptions
A Nutrisystem weight-loss plan selected for auto-delivery renews every four weeks, and the disclosed price is charged to your selected payment method for each four-week shipment until you cancel, unless a different cadence is clearly disclosed at enrollment.
A Jenny Craig weight-loss plan selected for auto-delivery renews every two weeks, and the disclosed price is charged to your selected payment method for each two-week shipment until you cancel, unless a different cadence is clearly disclosed at enrollment.
Wellina Meal-Plan Subscriptions
A Wellina meal plan selected for auto-delivery renews every two or four weeks, depending on the frequency selected at enrollment. The disclosed price is charged to your selected payment method for each shipment until you cancel.
Wellina A La Carte Auto-Delivery Subscriptions
Eligible a la carte foods selected for auto-delivery are charged and shipped every two or four weeks, depending on the frequency disclosed and selected at enrollment. The subscription and recurring charges continue until you cancel.
You authorize us to charge the payment method saved for the subscription. You must keep that method current. If a charge fails, we may retry it and may pause or cancel the affected order or subscription. We will not ship an order for which payment has not been authorized.
Returns and Refunds
Because food products are perishable, sales are final, and products generally cannot be returned. This policy does not limit any right or remedy that cannot be waived under applicable law or any remedy expressly stated below.
If we approve a refund, including for an unavailable, damaged, defective, incorrect, or missing item, the refund ordinarily will be issued to the original payment method. Shipping charges are refundable only when required by law or when we determine that the issue was caused by Wellina or its fulfillment provider. We are not responsible for fees separately imposed by your bank or payment provider.
A package returned or refused because an order was not timely cancelled may be discarded and will not be reshipped or refunded, except as required by law. Contact customer support promptly if a package was returned or refused because of a Wellina or carrier error.
Substitution Policy
Product availability may change without notice. If an item is discontinued, removed from the Site, or otherwise unavailable when an order is fulfilled, Wellina may automatically substitute a reasonably comparable item unless you select a replacement before the 6:00 p.m. Eastern Time cutoff. If Wellina does not provide a substitute, it will omit the unavailable item and refund the applicable amount to the original payment method. Auto-delivery customers should review and update each upcoming order before that cutoff.
A substituted item may contain different ingredients or allergens from the item originally selected. Before consuming any substituted item, review the actual package label. Site filters and prior product selections are shopping aids only and do not guarantee that a substituted item is free of an allergen or cross-contact risk. If a substituted item contains or may contain an allergen you must avoid, do not consume it and contact customer support for a replacement or refund. This remedy applies notwithstanding any general provision stating that substituted products are nonrefundable.
Product Packaging and Information
Product images and packaging shown on the Site are illustrative. Actual packaging and nonmaterial aspects of a product's appearance may vary from images shown.
Products, packaging, ingredients, formulations, suppliers, and nutrition information may change. Always review the actual package before each use. The package label controls as to ingredients, allergens, nutrition information, preparation and storage instructions, directions, and warnings for the product delivered.
Customization/Dietitian’s Picks
If you select Dietitian's Picks or another preselected assortment, Wellina will select the included items. Individual preference is not a basis for replacement or refund, but the remedies in the Returns and Refunds and Substitution Policy sections remain available.
III. Membership
The Wellina Membership currently costs $11.99 per month, plus applicable taxes, and renews automatically each month until cancelled. Current Membership benefits include access to eligible member-only Premium Frozen and Freshly Made products, one-time and eligible two- or four-week ordering options, an additional 10% discount on eligible auto-delivery orders, promotional offers, and early access to certain launches, as described on the Site. There is no minimum or maximum order requirement. For members, eligible food orders of $100 or more in one transaction receive free standard shipping; a $20 shipping charge applies to eligible orders under $100. Shipping destinations and product restrictions shown at checkout apply. Unless the Site expressly states otherwise, food ships only to eligible addresses in the 48 contiguous United States and the District of Columbia and not to P.O., APO, or FPO addresses. Food purchases remain subject to the Returns and Refunds section.
The Membership fee is charged whether or not you use the benefits and is nonrefundable for a billing period that has begun, except as required by law. Cancellation stops future Membership renewals. It does not automatically cancel a separate meal-plan or food auto-delivery subscription, which must be cancelled separately.
You may cancel Membership at any time through the online cancellation method in your Account or by clicking “Manage Subscription” in the Site footer. The online method will be available to any consumer who enrolls online and, after reasonable authentication, will permit immediate cancellation without steps that obstruct or delay cancellation. If online authentication cannot be completed, you may contact customer support through another method posted on the Site solely to authenticate and complete the cancellation. Cancellation is effective when you complete the cancellation request; we will promptly send confirmation. Cancellation prevents the next charge if completed before that charge is submitted for processing.
By affirmatively enrolling, you authorize the recurring monthly Membership charge without a new authorization for each renewal. You are responsible for maintaining sufficient funds and current payment information. To the extent permitted by law, Wellina is not responsible for overdraft or other fees imposed by your financial institution.
We may refuse, suspend, or terminate a Membership for fraud, misuse, payment failure, violation of these Terms, or discontinuation of the program. We will provide advance notice of material changes to the recurring fee or Membership terms as required by law. You must keep your billing and account information current through your Account or another posted support method. Eligibility restrictions for introductory or new-customer offers will be disclosed with the offer. If ending Membership would change the price or eligibility of an active auto-delivery subscription, we will provide advance notice and a reasonable opportunity to modify or cancel the affected subscription before charging a higher price, as required by applicable law.
Non-Member Purchases
Consumers may purchase eligible pantry-ready and frozen products without a Membership, subject to the product selection, ordering options, prices, and shipping charges shown on the Site and at checkout. Unless otherwise stated at checkout, a $20 standard shipping charge applies to each non-member order regardless of order amount. A non-member does not incur a Membership fee unless the consumer separately enrolls. If a non-member selects an auto-delivery option, Section II applies.
IV. Fulfillment and Delivery
Please review these fulfillment and delivery terms carefully.
Orders generally are processed and shipped Monday through Thursday. Frozen and shelf-stable items may ship together or in separate packages and may arrive on different dates. An order confirmation acknowledges receipt of your order; acceptance occurs when the applicable item ships.
Estimated delivery is generally one to five business days after fulfillment begins, depending on destination and carrier conditions. Delivery dates are estimates, not guarantees. If we cannot ship within the time stated at checkout or otherwise required by law, we will provide the delay notice, cancellation option, and refund required by applicable law.
We may send transactional communications concerning order processing, payment, shipping, delivery, or an upcoming recurring order.
You must provide a complete and accurate delivery address. We may be unable to change an address after fulfillment begins. If no one is available at delivery, the carrier generally may leave the package at the delivery address. Promptly retrieve delivered food and follow the preparation, refrigeration, freezing, use-by, and storage instructions on the actual package.
Perishable items may be shipped in insulated packaging with dry ice or another refrigerant selected based on the product, destination, weather, and expected transit time. Dry ice may have dissipated by delivery, and its presence or absence alone does not establish food safety. Frozen food should arrive frozen, partially frozen with visible ice crystals, or at 40°F or below. Do not consume perishable food that arrives above 40°F or in open or damaged packaging. Refrigerate or freeze products promptly and follow the instructions on the actual package.
Except to the extent applicable law provides otherwise, we are not responsible for delay or damage caused solely by an incorrect address, failure to retrieve a delivered package promptly, carrier conditions, weather, or events beyond our reasonable control.
Inspect the order promptly and contact customer support promptly and no later than 48 hours after delivery or the carrier's delivery notice, as applicable, if the order is missing, incorrect, damaged, above 40°F, or otherwise appears unsafe. Provide the order number and reasonably requested photographs or other information. We may deny a remedy if unreasonable delay prevents us from verifying the issue, but this notice period does not limit rights that cannot be waived by law.
We are not required to replace or refund a product ordered by mistake or based solely on preference, except as required by law or expressly stated in these Terms. Other limitations of liability appear below and do not limit nonwaivable consumer rights.
V. Telephone Calls and Call Recording
If you provide a telephone number, you authorize Wellina and its service providers to contact you at that number for order-related and other transactional purposes, subject to applicable law. Calls with customer support may be monitored or recorded for quality assurance, training, security, and recordkeeping, with notice or consent as required by applicable law.
You may ask to be placed on Wellina's internal Do Not Call list for marketing and sales calls by using a method on the Contact Us page. A marketing opt-out does not prevent order-related or other nonmarketing communications permitted by law.
VI. Mobile Messaging and Mobile Devices
This mobile-messaging section applies only if and when Wellina offers a messaging program and you separately enroll in it. By enrolling through the applicable opt-in flow, you agree to receive recurring automated promotional and personalized marketing texts, including cart reminders, at the number you provide. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. The program-specific enrollment disclosure and any mobile terms presented there are incorporated into these Terms.
The program's sending number or short code will be identified in the opt-in disclosure and messages. Reply STOP to a message to opt out of that messaging program; we will send a confirmation. Reply HELP for help. If you enroll in more than one messaging program, you may need to opt out of each separately. Carriers are not liable for delayed or undelivered messages.
We may change the number or short code used for a messaging program and will provide notice when required. A request sent to a number we no longer control may not be received. You may also use the Contact Us page to request assistance with an opt-out.
You must provide a valid mobile number and notify us if the number changes or is reassigned. For program assistance, reply HELP or use the support method identified in the applicable messaging disclosure or on the Contact Us page. Questions about your carrier plan should be directed to your wireless provider.
Information collected through a messaging program is handled as described in our Privacy Policy and the program-specific disclosure. Mobile opt-in data and consent will not be sold or shared with third parties for their own unrelated marketing but may be provided to service providers that operate the program or as otherwise permitted or required by law.
Messaging is not a secure channel for medical or other sensitive information and is not monitored for emergencies. Do not send health information or seek medical assistance through the messaging service.
Mobile Usage
Site features may be accessible through a mobile device. Your carrier's messaging, data, and other rates and restrictions apply. Not all features work with all carriers, devices, or locations. You are responsible for determining device compatibility, carrier restrictions, and applicable network or data charges.
VII. Your Responsibility to Protect Your Account
We may modify, suspend, or discontinue the Site or a nonrecurring Site feature. This does not change your or our obligations for an accepted order, Membership, or auto-delivery subscription and does not eliminate any notice, consent, cancellation, or refund right required by law. If ordinary account access is restricted, we will provide a reasonable alternative method to manage or cancel each active recurring service.
You are responsible for maintaining the confidentiality of your password and for activity occurring under your account, including activity by anyone you permit to use it. Notify customer support promptly if you suspect unauthorized access. We may restrict or disable credentials for security, suspected fraud, violation of these Terms, or compliance with law. Restricting Site or account access does not cancel an active Membership or auto-delivery subscription, and we will not use an access restriction to prevent cancellation.
Personal Information
In some areas of the Site, you may provide personal information. Our Privacy Policy describes our information collection, use, and sharing practices.
Reviews and Other Content You Submit
If you submit a review, testimonial, photograph, video, comment, or other content to Wellina or through a review tool made available on the Site (collectively, "User Content"), you represent that you created it or have all rights and permissions needed to submit it; that it is truthful and reflects your honest opinions and experience; and that it does not infringe another person's intellectual-property, privacy, publicity, or other rights or violate law. Do not submit confidential information, sensitive health information, or content depicting a minor unless you are the minor's parent or legal guardian and have authority to grant the rights below.
You retain ownership of User Content. By submitting it, you grant Wellina, its affiliates, and service providers a nonexclusive, worldwide, royalty-free, and sublicensable license to host, reproduce, edit for length or formatting without materially changing its meaning, publish, display, distribute, and otherwise use that User Content to operate, improve, advertise, and promote Wellina, the Site, and Wellina products and services in any media, subject to applicable law. This license includes the name, username, likeness, voice, and other identifying information you choose to include with the User Content, to the extent you have authority to grant those rights. Our Privacy Policy describes how personal information in a submission is handled.
Wellina is not required to publish or use User Content. We may decline to publish or may remove User Content that violates these Terms or applicable law. Nothing in these Terms restricts or penalizes you for an honest review. If Wellina hosts a consumer-review feature, it will not condition an incentive on a particular sentiment or suppress reviews in violation of applicable law.
Site Conduct
You may not misuse the Site, including by attempting unauthorized access; interfering with its operation; introducing malicious code; scraping or harvesting information except as permitted by law; impersonating another person; using the Site for unlawful, fraudulent, or infringing activity; or violating another person's rights. We may investigate suspected misuse and restrict access or remove content as reasonably necessary to protect the Site, users, or others, comply with law, or enforce these Terms.
Ending or restricting access to the Site does not itself cancel an active Membership or auto-delivery subscription. We will provide access to an online or reasonably comparable cancellation method for each active recurring service even if ordinary account access is restricted. We may terminate access for a violation of these Terms, suspected fraud, a security risk, or compliance with law, with notice when required.
VIII. Wellina Intellectual Property
The Site and its content, features, and functionality are owned by Wellina or its affiliates, licensors, or other providers and are protected by United States and international intellectual-property laws.
Subject to these Terms, Wellina grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for personal, noncommercial purposes and to display, print, or download reasonable copies of content made available for that purpose, provided you retain all proprietary notices.
Except as these Terms expressly permit, you may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, transmit, scrape, or commercially exploit any part of the Site or its content.
You may not separate illustrations, photographs, video, audio, or graphics from accompanying text; alter or remove proprietary notices; or use any part of the Site, services, or materials for a commercial purpose without the applicable owner's prior written permission.
No ownership right is transferred to you. Unauthorized use ends the license granted by these Terms, and you must delete or return copies at our request. All rights not expressly granted are reserved.
Trademarks
The Wellina, Nutrisystem, and Jenny Craig names and logos, and related product and service names, designs, and slogans, are trademarks of Nutrisystem, LLC or its applicable affiliates or licensors. You may not use those marks without prior written permission from the applicable owner. Other names and marks displayed on the Site belong to their respective owners.
IX. Changes to the Site; Purchases; Third-Party Services
Wellina 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 Wellina is under no obligation to update such material.
Information About You and Your Visits to the Site
Our Privacy Policy describes how we collect, use, and disclose personal information relating to the Site.
Online Purchases and Other Terms and Conditions
Prices, product availability, promotions, taxes, shipping charges, and other order terms are shown before you submit an order. We may reject or cancel an order because of product unavailability, pricing or description error, quantity limits, payment failure, suspected fraud, or other lawful reason. If we cancel after charging you, we will issue an appropriate refund. Resale is prohibited unless we agree otherwise.
Offer-specific disclosures presented at enrollment or checkout, and product-specific labels and warnings, also apply and are incorporated into these Terms. Checkout disclosures control for the applicable price, billing cadence, shipment frequency, minimum purchase obligation, and cancellation method. A service provider that hosts, processes, or supports the Site or checkout is not a party to your purchase unless expressly identified as the seller.
The Site may use third-party providers for hosting, checkout, payment processing, fulfillment, communications, or other services. Those providers may apply separate terms to features they offer directly, such as an accelerated checkout or digital wallet. Unless expressly identified as the seller, they do not assume Wellina's obligations for your purchase.
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. Wellina 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.
Wellina may disable all or any social media features and any links at any time without notice in our discretion.
Legal Disclaimers
Warranties
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WELLINA AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES RELATING TO THE SITE AND CONTENT, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WELLINA DOES NOT WARRANT THAT THE SITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL CODE. PRODUCT-SPECIFIC EXPRESS WARRANTIES, LABELS, AND NONWAIVABLE STATUTORY WARRANTIES ARE NOT DISCLAIMED.
The Site may include content from users, licensors, automated tools, and other third parties. Such content may be inaccurate, incomplete, or outdated and does not necessarily reflect Wellina's views. Wellina is not responsible for third-party content to the fullest extent permitted by law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WELLINA AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM THE SITE, PRODUCTS, SERVICES, OR THESE TERMS, REGARDLESS OF THEORY AND EVEN IF ADVISED OF THE POSSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THEIR AGGREGATE LIABILITY FOR A CLAIM WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE PRECEDING 12 MONTHS. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, AND YOUR NONWAIVABLE CONSUMER RIGHTS REMAIN IN EFFECT.
Indemnification
To the fullest extent permitted by law, you will indemnify and hold harmless Wellina and its affiliates, officers, directors, employees, agents, licensors, and service providers from third-party claims, liabilities, damages, judgments, awards, losses, costs, and reasonable attorneys' fees arising from your unlawful or unauthorized use of the Site, your material breach of these Terms, or User Content you submit. This obligation does not apply to the extent a claim results from a protected party's own negligence, willful misconduct, or violation of law.
X. Resolving Disputes - Arbitration Agreement and Jury Waiver
PLEASE READ THIS SECTION X CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Except as expressly provided in this Section X, all disputes or claims between you and Nutrisystem, LLC, its affiliates, or their respective agents that in any way arise out of or relate to the Site; any product, membership, auto-delivery subscription, service, or purchase; information you provide; communications with us or our service providers; these Terms; or any aspect of our relationship with you (collectively, "Disputes"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through private, final, and binding arbitration on an individual basis before a single neutral arbitrator, instead of in court before a judge or jury. Confidentiality will be governed by applicable law, the AAA rules, and any arbitrator order and will not prevent disclosures required by law or AAA's publication of a redacted award. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Nothing in these Terms prevents you from bringing an issue to the attention of a federal, state, or local government agency, which may seek relief to the extent authorized by law. Either you or Wellina may assert an individual claim, if it qualifies, in small claims court in Montgomery County, Pennsylvania, or in any United States county where you live or work. Either party also may seek temporary injunctive relief in a court of competent jurisdiction to preserve the status quo pending arbitration, or injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of that party's copyrights, trademarks, trade secrets, patents, or other intellectual-property rights. A claim for public injunctive relief may proceed in court to the extent applicable law prohibits arbitration of that claim; all other arbitrable claims will be stayed pending arbitration.
WAIVER OF CLASS ACTION RIGHTS
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION X, YOU AND WELLINA AGREE THAT EACH DISPUTE MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. YOU AND WELLINA EACH WAIVE THE RIGHT TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS ARBITRATION, CLASS ACTION, MASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION (THE "CLASS ACTION WAIVER"). Unless all parties agree, the arbitrator may not consolidate more than one person's claims or award relief for or against anyone who is not a party, although individual relief may incidentally affect nonparties. The staged coordination of individual Mass Demands described below does not authorize class, collective, consolidated, or representative relief. The arbitration-specific severability provisions below govern any final decision that the Class Action Waiver cannot lawfully apply to a particular Dispute or request for relief.
Informal Dispute Resolution. If either you or Wellina intends to arbitrate a Dispute, the party seeking arbitration must first notify the other party of the Dispute in writing at least 60 days before initiating arbitration. Notice to Wellina must be sent by first-class U.S. mail, FedEx, or UPS to Nutrisystem, LLC, 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department. Notice to you will be sent by first-class U.S. mail, FedEx, or UPS to the street address in our records when the notice is sent; Wellina may also send a courtesy copy to the email address in our records. Each notice must pertain to a Dispute involving only one consumer; a notice concerning multiple consumers is invalid as to all of them. The notice must include (i) the consumer's name, telephone number, mailing address, and email address; (ii) the legal claims asserted and the factual basis for those claims; (iii) the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) if the consumer sends the notice, the consumer's original personal signature; or, if Wellina sends the notice, the original personal signature of an authorized company representative; and (v) the original personal signature of any legal counsel or other representative for the sending party. For purposes of this paragraph, an "original personal signature" does not include a digital, scanned, electronic, copied, or facsimile signature. Each original personal signature certifies that the notice is not being presented for an improper purpose; the claims and other legal contentions are warranted by existing law or a non-frivolous argument for changing the law; and the factual contentions have evidentiary support or, if specifically identified, likely will have evidentiary support after a reasonable opportunity for investigation or discovery. The consumer or Wellina's authorized representative sending the notice also verifies under penalty of perjury that the factual statements in the notice are true and correct.
After receipt of the notice, you and Wellina agree to participate personally and in good faith in a telephone or videoconference to attempt to resolve the Dispute. If you are represented by counsel, counsel may participate, but you must also attend unless Wellina excuses your attendance in writing. Wellina will participate through an authorized representative. If the Dispute is not resolved within 60 days after receipt of the notice, either party may commence arbitration as provided below. This informal process, including the individualized written notice and personal participation in the conference, is a prerequisite and condition precedent to formal dispute resolution, except for the court remedies expressly permitted above. Applicable limitation periods and filing or payment deadlines are tolled while the parties engage in this process. If the recipient disputes whether a notice complies with the preceding paragraph (a "Compliance Dispute"), limitations periods remain tolled for 30 days after written notice of the Compliance Dispute. During that period, the sender may cure the notice, in which case tolling continues through the informal process, or ask a court of competent jurisdiction to determine compliance, in which case tolling continues until 60 days after final resolution of the Compliance Dispute.
Arbitration Procedure
A party seeking arbitration of a Dispute subject to this Section X must submit a demand to the American Arbitration Association ("AAA"). AAA will administer the arbitration under its then-current Consumer Arbitration Rules and Mediation Procedures (the "Consumer Rules"), as modified by these Terms and excluding any rule or procedure that would permit a class or representative action. AAA's then-current Mass Arbitration Supplementary Rules (the "Mass Rules") will apply only if and when AAA independently determines that a group of filed demands satisfies the Mass Rules' applicability standards; otherwise, the Consumer Rules will govern. If the Mass Rules apply, they will control AAA's administration in the event of a conflict, and the parties' staged process below will remain contractually binding to the extent accepted by AAA. Any mediation conducted under the Mass Rules before the Initial Batch Demands are completed will not replace the Mediation Period below unless the parties agree in writing. The Consumer Rules and Mass Rules are available at www.adr.org/consumer and www.adr.org/mass-arbitration. If AAA is unavailable or declines to administer a Dispute for a reason not attributable to either party's failure to pay required fees or comply with AAA requirements, the parties will confer in good faith to select another nationally recognized provider. That provider will use its consumer arbitration rules, as modified by these Terms, and the staged process below to the extent the provider accepts it. If the parties cannot agree, either party may ask a court of competent jurisdiction to appoint an arbitrator under Section 5 of the Federal Arbitration Act. If AAA declines or ceases administration because Wellina failed to pay required fees or otherwise failed to satisfy AAA requirements, you may elect to have the Dispute resolved in a court of competent jurisdiction.
The arbitrator will conduct calls, conferences, and hearings by telephone or videoconference unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will occur at a reasonably convenient location. You and an authorized Wellina representative must attend all arbitrator calls, conferences, and hearings unless the arbitrator excuses attendance. If the amount in controversy does not exceed $10,000 and neither party seeks declaratory or injunctive relief, the arbitration will be conducted solely on the documents submitted unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or declaratory or injunctive relief is sought, either party may request, or the arbitrator may order, a hearing. Either party may request leave to file a dispositive motion under the applicable AAA rule, and the arbitrator may stay other proceedings and deadlines while deciding the request or motion.
Additional Procedures and Fees
The arbitrator will follow these Terms and applicable law and may award relief only in favor of the individual party seeking relief and only to the extent warranted by that party's individual Dispute. The award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award attorneys' fees and costs only as authorized by applicable law or the AAA rules. To the extent permitted by applicable law and the AAA rules, the arbitrator may reallocate AAA administrative and arbitrator amounts if a consumer claim or counterclaim was filed for harassment or is patently frivolous. Otherwise, each party will bear its own attorneys' fees except as provided by applicable law or the AAA rules. Fees and arbitrator compensation will be allocated under the applicable AAA rules and fee schedules. If you demonstrate that arbitration costs would be prohibitive compared with litigation, Wellina will pay the portion of AAA filing, administrative, and arbitrator fees above the amount a consumer is required to pay under the applicable AAA rules to the extent the arbitrator determines necessary to prevent the arbitration from being cost-prohibitive, unless the arbitrator determines that your claim or counterclaim was filed for harassment or is patently frivolous.
Process for Arbitration of Mass Demands
If more than twenty-five (25) individualized Dispute notices are submitted within any 120-day period and (i) involve common questions of law or fact and (ii) either the initiating parties are represented by the same law firm, law firms, organization, or organizations, or the notices are presented by or with the assistance or coordination of the same law firm, law firms, organization, or organizations, those Disputes are "Mass Demands" and will be coordinated under the contractual process in this paragraph. For Mass Demands not resolved through the informal process, the group of claimants and Wellina will each select five of the claimants' demands, for a total of ten, to be filed with AAA (the "Initial Batch Demands"). Each Initial Batch Demand will be assigned to a different arbitrator selected from AAA's national roster. While the Initial Batch Demands are adjudicated, the parties must not file any other covered demand and will jointly request that AAA hold any prematurely filed non-Initial Batch Demand in abeyance and defer case-specific filing and administrative costs for such a demand to the extent permitted by AAA's rules and fee schedules. Applicable limitation periods and filing or payment deadlines for all Mass Demands are tolled pending adjudication of the Initial Batch Demands and the Mediation Period described below.
The parties will cooperate in good faith with AAA to implement the Initial Batch Demands, including combined or reduced fees set by AAA, the contractual staging procedure to the extent accepted by AAA, and the Mass Rules if AAA independently finds their applicability standards met. To the extent AAA agrees to administer the request, either party may ask AAA to appoint a sole standing Process Arbitrator to determine threshold, procedural, and administrative questions concerning the Mass Demands, including whether the Initial Batch Demands process applies or is enforceable. The Process Arbitrator may establish procedures necessary to resolve those questions promptly. Wellina will pay the Process Arbitrator's costs unless the Process Arbitrator determines that a party raised an issue that was frivolous, asserted in bad faith, or pursued for harassment, in which case that party will pay the costs associated with that decision.
The results of the Initial Batch Demands will not bind or have precedential effect on any non-Initial Batch Demand, but the results will be provided to an AAA mediator. AAA will propose five mediators; Wellina and the remaining claimants, acting through coordinated counsel or a designated representative, may each strike one mediator and rank the remaining mediators. AAA will combine the rankings and resolve any tie or selection failure under its standard appointment procedure. After the results are provided to the mediator, Wellina, the mediator, and the remaining claimants will have 60 days (the "Mediation Period") to agree on a resolution or a substantive methodology for resolving the outstanding demands.
If the Mediation Period ends without a resolution or agreement on a substantive methodology for resolving the outstanding demands, or if the Initial Batch Demands process is determined by the Process Arbitrator or a court of competent jurisdiction to be void or unenforceable, Wellina may opt all remaining demands out of arbitration, and each remaining claimant may opt out only that claimant's demand. A claimant must send written notice by first-class U.S. mail, FedEx, or UPS to Nutrisystem, LLC, 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department. Wellina must send written notice by email and first-class U.S. mail, FedEx, or UPS to coordinated counsel or the designated claimant representative and to each unrepresented claimant, using the addresses in the applicable Dispute notices. The notice must be sent within 60 days after the Mediation Period closes or within 60 days after the final determination of invalidity or unenforceability, as applicable. Applicable limitation periods remain tolled through that 60-day opt-out period and, for an opted-out demand, until 60 days after the opt-out notice. An opted-out demand may proceed in court without application of the Class Action Waiver. If no timely opt-out occurs, the remaining demands will proceed as individual arbitrations under the applicable AAA rules.
No arbitration award or decision shall have any preclusive effect in other arbitrations or other litigation, except to preclude the same or similar claims from being re-litigated between the same parties.
Severability
If a court of competent jurisdiction finds any part of this Section X unenforceable or invalid, the court will reform that part to the minimum extent necessary to cure the defect, and the parties will arbitrate their Dispute without reference to or reliance on the invalid part, unless this Section X expressly permits the Dispute to proceed in court or permits a party to opt out of arbitration. However, if a Dispute is filed or submitted as a class arbitration, class action, collective action, or representative action and the Class Action Waiver is finally held invalid or unenforceable as to that Dispute or a portion of it, the agreement to arbitrate will not apply to that Dispute or portion, which must proceed in a state court serving Montgomery County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania, subject to nonwaivable law. The remainder of this Section X will remain binding and enforceable. This paragraph does not limit the separate right to opt remaining Mass Demands out of arbitration after the Mediation Period as expressly provided above.
30-DAY RIGHT TO OPT OUT. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY EMAILING CUSTOMERSUPPORT@WELLINA.CO FROM THE EMAIL ADDRESS USED FOR YOUR ACCOUNT, ORDER, OR AFFIRMATIVE ACCEPTANCE OF THESE TERMS, USING THE SUBJECT LINE "ARBITRATION OPT-OUT." YOUR NOTICE MUST INCLUDE YOUR NAME, THAT EMAIL ADDRESS, AND A CLEAR STATEMENT THAT YOU ARE OPTING OUT OF ARBITRATION. A NOTICE PURPORTING TO OPT OUT MULTIPLE PEOPLE IS INVALID AS TO ALL OF THEM. THE NOTICE MUST BE SENT WITHIN 30 DAYS AFTER THE LATER OF THE EFFECTIVE DATE SHOWN AT THE BEGINNING OF THESE TERMS OR YOUR FIRST AFFIRMATIVE ACCEPTANCE OF THESE TERMS. OTHERWISE, YOU WILL BE BOUND BY THIS SECTION X. IF YOU TIMELY OPT OUT, NEITHER YOU NOR WELLINA WILL BE BOUND BY THIS ARBITRATION AGREEMENT.
XI. Miscellaneous
Waiver and Severability
No waiver by Wellina 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 Wellina 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
The Federal Arbitration Act governs Section X. Except as otherwise provided there, these Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles. This choice does not deprive you of nonwaivable protections of the law of your state of residence. Any court proceeding permitted under Section X may be brought in a court of competent jurisdiction. To the extent enforceable and consistent with nonwaivable law, the parties consent to the state and federal courts serving Montgomery County, Pennsylvania; an eligible small-claims action may be filed in the claimant's county of residence or another proper venue.
Entire Agreement
These Terms, the offer-specific disclosures presented at enrollment or checkout, and the incorporated Health Information Disclaimer constitute the agreement between you and Wellina regarding the Site, products, memberships, and subscriptions. The Privacy Policy describes our information practices. Checkout disclosures control for the applicable price, billing cadence, shipment frequency, minimum purchase obligation, and cancellation method, but do not waive rights provided by applicable law.
Force Majeure
Wellina shall not be liable for delays or failures in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, labor disputes, supply chain disruptions, transportation failures, or acts of government.
Notice
Wellina may provide notices by email, through your account, by a notice on the Site, or by first-class U.S. mail to the address in your account, as permitted by law. Except for a Notice of Dispute governed by Section X, you may provide legal notice by email to privacy@wellina.co or by first-class U.S. mail or nationally recognized overnight courier to Nutrisystem, LLC, 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department. A Notice of Dispute must use a method stated in Section X.