Welcome to Weight Loser! These Terms of Use dictate your usage of the services provided by Weight Loser through Weight Loser’s website and app. Please review these Terms thoroughly, and feel free to reach out if you have any inquiries. By accessing or utilizing the Weight Loser, you agree to adhere to these Terms, our Privacy Policy, our Cookies Policy, our Community Guidelines, and any additional terms of the Service features you utilize (collectively referred to as the "Agreement").
Section 6 below outlines the terms that govern any subscription you may purchase. If you choose to purchase a subscription to the service, it will automatically renew at the end of the disclosed payment period at our then-current service charge, unless you cancel your subscription or the agreement is terminated. Furthermore, in some areas, there may be a "cooling-off period." For example, if you are a California resident and acquire a subscription and determine before midnight of the third business day after your purchase that you wish to cancel your contract with us and request a refund, you can send a cancellation notification to Weight Loser.
Section 12, under "Dispute Resolution," outlines the processes for resolving issues between you and us. Unless you opt out of the arbitration agreement mentioned in Section 12 within thirty (30) days as specified in Section 12.6, the following conditions apply: (1) You may only bring individual disputes or claims against us, and you waive your right to participate as a plaintiff or class member in any class or representative action or proceeding. In addition, you forgo the right to participate in a class action lawsuit or class-wide arbitration. (2) You also waive your right to resolve disputes or claims in a court of law, including the right to a jury trial. Arbitration, as the selected process, involves less discovery and appellate review than court proceedings.
Please save a copy of the Terms for future reference. We reserve the right to select how we notify you, including electronically for legal matters. This Agreement may be changed from time to time, and the most recent version is always available on our website. If we determine that a revision is important, we will tell you and may require your assent to the amended Agreement before allowing you to continue using the Service. By continuing to use Weight Loser after the amendments take effect, you agree to follow the updated Agreement. If you do not agree to the modifications, please stop using Weight Loser and cancel your subscription, as described in Section 6.6 below.
Our Service
Your Responsibilities
Your Content
Intellectual Property
Content Removal
Fees and Purchase Terms; Automatically Renewing Subscriptions
Indemnification
Disclaimers
Limitation of Liability
Safety and Enforcement
Termination
Dispute Resolution
Class Action Waiver; Jury Trial Waiver
General Provisions
Contact Us
1.1 What We Offer. Our primary objective is to help people lead healthier lifestyles by promoting behavioral change. Our primary goal is to help people lose weight, improve their fitness, and promote overall physical and emotional well-being. To use most of our Service's features, you must first create an account and have a valid subscription.
1.2 Eligibility Criteria. Weight Loser is developed with particular eligibility criteria. Individuals under the age of 18, pregnant, suffering from an eating disorder, or categorized as underweight (as defined by the Centers for Disease Control and Prevention with a BMI of less than 18.5) are not eligible to utilize the Service. It is critical to understand that the Service is not a substitute for recommended medical or mental health care. Individuals may be excluded from the Service if judged necessary, including any limits described in this section, in order to guarantee that their condition is managed by a licensed medical professional.
1.3 Public profiles may be necessary depending on the features you use. It's important to provide accurate information for your profile, although we do not verify the details in other users' public profiles.
1.4 Social Features and Coaches: You have access to group discussions with other Weight Losers, moderators, and Weight Looser Coaches, aimed at providing information and support for your health-related goals. By participating in these groups, you agree to adhere to our Weight Loser Circles Community Guidelines. Additionally, we offer various Virtual Coaching programs. Please be aware that we reserve the right to engage or replace any Weight Loser Coach without prior notice. It's important to note that Weight Loser Coaches are not licensed medical professionals, and any guidance they offer should not be taken as medical advice. They are not qualified to provide diagnoses or treatments for medical or mental health conditions. Interactions with Weight Loser Coaches do not establish a physician-patient relationship or any legal obligation.
1.5 As part of our Service, we manage a food database comprising nutritional information contributed by both our team and users known as Weight Losers ("Food Database"). Please note that we do not validate the accuracy of the nutritional data provided in the Food Database. Therefore, we advise using your own judgment when assessing any nutritional information found within it.
1.6 We do not operate as a licensed medical service provider, and any guidance or information provided by us should not be considered as medical advice or as establishing a physician-patient relationship. It is important to consult with your doctor before Weight Loser or any health or wellness program and refrain from using Weight Loser in case of a medical emergency. If you believe you are experiencing a medical emergency, please call 911 or seek immediate medical attention.
1.7 Weight Loser Communications. By using the Service, you may receive text messages from us, including promotional or advertising content ("Weight Loser Communications"). You agree that these communications are subject to the terms of this Agreement. While we do not charge for Weight Loser Communications, you are responsible for any charges or fees imposed by your wireless carrier for receiving these messages, and you acknowledge that your carrier may apply charges or deduct usage credit from your account. Message and data rates may apply. When you provide your telephone number for Weight Loser Communications, you authorize us to send recurring SMS and MMS messages to that number, and you confirm that you are authorized to receive such messages. These messages may be sent using an automatic telephone dialing system ("ATDS") or other automated technology. Your consent to receive messages via an ATDS is not required for making purchases. Although you consent to receive messages sent using an ATDS, you acknowledge that this does not imply our messages are sent using such a system. The frequency of messages may vary, and you can opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message you receive. You may receive a confirmation message after opting out. You agree that these specified keywords are the only valid methods for opting out and understand that we may not recognize requests that alter these keywords. If you are subscribed to multiple communications programs, you must unsubscribe from each one separately. For assistance, contact us at [email protected]. We reserve the right to change any shortcode or telephone number used for Weight Loser Communications with notice. You acknowledge that messages, including STOP or HELP requests, sent to changed numbers may not be received, and we are not liable for honoring requests sent to such numbers. Weight Loser Communications may not be available in all areas or supported by all carriers or devices. Delivery of messages depends on your wireless carrier's effective transmission, and we and the carriers are not liable for any failed, delayed, or undelivered messages. If you change your mobile number, you agree to opt out of each Weight Loser Communications program before updating your number. Any disputes regarding Weight Loser Communications will be governed by the Dispute Resolution section below.
1.8 Weight Loser Service Updates: Our Service is constantly evolving, and we reserve the right to update it with or without prior notification. By using the Service, you acknowledge that we are not liable to you or any third party for any modifications, updates, suspensions, or discontinuations of any aspect of the Service. Additionally, please be aware that you may need to update Weight Loser's applications in order to continue accessing the Service through them.
2.1 You are responsible for all actions taken under your account. Each account is designed for your use only, so avoid sharing your account details. If you suspect unauthorized access or any security breach, please inform us promptly. Should we find that the information provided is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account. Refrain from creating an account with false identity information or on behalf of another individual.
2.2 You have the option to connect your account with a third-party app or service. If you choose to link your account, it's your responsibility to ensure compliance with the terms and conditions of that third party. Any content sourced from that third party will be treated as your own User Content and will be governed by our Privacy Policy.
2.3 License Grant: The Service is safeguarded by copyright laws globally. Under these Terms and our policies (inclusive of our Community Guidelines), and assuming you maintain an active account and subscription to the Service, we afford you a restricted, non-exclusive, non-transferable, and terminable license to utilize the features and functionalities of our Service included within your subscription throughout your relevant subscription period.
2.4 If you use the Service through an employer or health plan benefit program, you are bound by the terms specific to Weight Loser for Work, as determined by the corresponding employer or health plan benefit program. Should your subscription be covered by another party, certain provisions, such as Section 6 (FEES AND PURCHASE TERMS; AUTOMATICALLY RENEWING SUBSCRIPTIONS), may not be applicable to you.
3.1 You're free to upload various types of content on Weight Loser, including photos, comments, and links. Anything you or others share on the platform is called "User Content." You maintain full ownership and responsibility for the User Content you share or post on Weight Loser.
3.2 You grant us permission to use, store, display, reproduce, modify, translate, adapt, create derivative works, perform, and distribute your User Content worldwide. This license is non-exclusive, royalty-free, irrevocable, perpetual, transferable, and sublicensable. We may remove or modify User Content if we believe it violates our terms, Community Guidelines, or other applicable laws or policies. Additionally, we reserve the right to change how User Content is used on Weight Loser. This does not affect any other legal rights we may have to your User Content.
4.1 Weight Loser retains all rights to the Service, excluding your User Content. You are not permitted to alter, remove, or conceal any copyright, trademark, service mark, or other proprietary notices associated with the Service.
4.2 The trademarks of Weight Loser, Inc. include "Weight Loser," "Weight Loser.com," "Weight Loser Health," and the Weight Loser logo, along with all associated graphics, logos, service marks, and trade names. These trademarks are the property of Weight Loser, Inc. and may only be used with explicit written permission from the company.
4.3 We highly value the Feedback of our users and constantly strive to improve the Weight Loser experience. Should you choose to share any comments, suggestions, or ideas ("Feedback") with us, Weight Loser reserves the right to utilize your Feedback in various capacities, including but not limited to, future updates and enhancements to our services. All Feedback provided will be the sole property of Weight Loser, and you agree to transfer all rights, titles, and interests in such Feedback and any associated intellectual property to Weight Loser. We retain the freedom to utilize all general knowledge, expertise, know-how, creations, and technologies (encompassing ideas, concepts, processes, and techniques) acquired or related to the provision of our services.
5.1 Content Moderation: We do not assume responsibility for User Content submitted by other Weight Losers, nor are we obligated to proactively review or pre-screen such content. However, we retain the right to remove any User Content at our sole discretion, for any reason or no reason at all. If you encounter User Content that violates any of our policies, including our Community Guidelines, please report it to us promptly.
5.2 Intellectual Property Infringement: It is our policy to promptly terminate the access to the Service of any user found to be infringing upon copyright, trademark, or other intellectual property rights, upon receiving notification from the respective intellectual property owner or their legal representative. In addition, if you believe that your intellectual property rights have been violated through the posting of content on the Service, please provide us with the following information: (i) a signature, either electronic or physical, of the person authorized to act on behalf of the intellectual property owner; (ii) a description of the copyrighted work, trademark, or other intellectual property right allegedly infringed; (iii) the specific location on the Service where the infringing material is located; (iv) your contact information, including address, telephone number, and email address; (v) a statement indicating your good faith belief that the disputed use is unauthorized by the intellectual property owner, their agent, or the law; and (vi) a statement, made under penalty of perjury, affirming the accuracy of the provided information and confirming your status as the intellectual property owner or an authorized representative. Please send this information to our designated agent for notice of claims of infringement at [email protected].
6.1 Defined Terminology.
(a) The "Billing Period" refers to the duration between each recurring billing date and aligns with the length of your subscription, which could be defined in days, weeks, or months. Upon subscribing to the Service, the terms of your subscription will be specified during the sign-up process.
(b) A "day" or "date" commences at 12:00 a.m. Eastern time and concludes at 11:59 p.m. Eastern time on the corresponding calendar day.
6.2 Service Levels and Additional Options. When selecting a subscription to our service, you may encounter various plans or choices (referred to as "Service Levels"). These Service Levels or supplementary offerings, like add-ons, may vary in pricing, usage terms, qualification criteria, limitations, features, and accessibility, as specified during the registration process.
6.3 Free Trials and Promotional Offers: Your access to the Service might commence with a complimentary trial or promotional pricing. The availability of such trial or promotional pricing isn't assured and, if accessible, is solely provided under the specified terms of the trial or promotion. The eligibility for these offers may vary, and there could be certain restrictions regarding their combination with other promotions.
(a) Free Trials: If your subscription commences with a trial period, your initial payment will be deducted from your selected payment method immediately upon the conclusion of the trial, unless cancelled as per the provided cancellation instructions. You retain the option to cancel your subscription without incurring charges at any time before the trial period concludes. We disclose the terms of the trial when you register, and you will not receive a separate notification indicating the impending conclusion of your trial or its conclusion, or the initiation of your paid subscription, unless mandated by law in specific cases or jurisdictions.
(b) Promotions: At our discretion, we may also extend promotional offers (e.g., discounted pricing or bundled features) subject to the terms outlined during sign-up or provided in accompanying materials. Upon the conclusion of the promotional period, billing will commence using the same payment method on file for your subscription at the prevailing non-promotional rate, unless cancelled prior to the conclusion of the promotion or unless otherwise specified.
6.4 Subscription Auto-Renewal: By subscribing to the Service, you are enrolled in an ongoing payment plan. Your subscription will automatically renew at the end of each billing period unless canceled as per the instructions in Section 6.6 below. To avoid being charged for the next Billing Period, you must cancel your subscription as outlined. Payment will be charged to your selected payment method. If specified during checkout, charges may be prorated, such as for a partial month. Billing timing may vary, including for subscriptions initiated on days outside of a month, due to free trials, promotional offers, or changes to your Service Tier or payment method. You are responsible for all third-party Internet access charges and taxes associated with your use of the Services. Please consult your Internet provider for details on potential Internet data usage charges.
6.5 We reserve the right to modify our prices, refund policy, and billing methods at any time, as permitted by applicable law. If you disagree with a price adjustment, you have the option to cancel your subscription according to Section 6.6. Failure to cancel timely will result in automatic renewal at the current price, and your payment method will be charged accordingly. We are unable to provide notice regarding changes in applicable taxes.
6.6 You have the option to cancel your subscription anytime before the current billing period or free trial ends. Your cancellation will take effect at the end of the current billing period or free trial unless otherwise stated. If you cancel, you'll maintain access to the service until the end of your current billing period, unless you're on a free trial or promotion, in which case the cancellation might be immediate. If you switch between service tiers during your billing period, you might lose access to your original tier. To avoid being charged for the next billing period, you must cancel before 11:59 p.m. Eastern time on the day before your next recurring billing date. We don't offer refunds or credits for partially used billing periods, though exceptions may be made on a case-by-case basis. To cancel your subscription, log into your account and follow the instructions on your account page. If you subscribed through a third party like the Apple App Store or Google Play, visit our support center for cancellation instructions.
6.7 If you are a resident of California and you have signed up for our subscription service, you have the right to rescind your agreement with us and request a refund within three (3) business days of signing up. You can cancel your agreement without penalty or obligation before midnight on the third business day following the date of the contract, excluding Sundays and holidays. To cancel the agreement and receive a refund, you must send a signed and dated notice stating that you, the buyer, are canceling the agreement, or similar wording, to Weight Loser, Inc.,6730 SW 29TH ST, TOPEKA, KS 66614, UNITEDÂ STATES Please note that if you cancel your agreement according to these instructions, we may terminate your access to the Service upon receipt of your cancellation notice.
6.8 Payment Methods. Unless you subscribe through an App Store (as explained in Section 6.9 below), you are required to furnish us with a valid credit card (such as Visa, MasterCard, or any other issuer accepted by us) or PayPal, or another approved payment method account ("Payment Method") in order to access the Service. Your agreement with the provider of the Payment Method governs the use of the designated credit card or PayPal account, and you must refer to that agreement, rather than this Agreement, to ascertain your rights and responsibilities concerning the Payment Method. By providing us with your credit card number or PayPal account details and associated payment information, you consent to our immediate authorization to charge your Payment Method for all fees, charges, and applicable taxes owed to us under this Agreement, without requiring any additional notice or consent. You agree to promptly inform us of any changes in your billing address or the credit card or PayPal account used for payment. We reserve the right to update your credit card details or other Payment Method information using information provided by our payment service providers. Upon such update, you authorize us to continue charging the applicable payment method. In the event of an unsuccessful attempt to charge your Payment Method (e.g., due to expiration), we reserve the right to retry billing your Payment Method. If payment is not received from your Payment Method for any reason, (a) you agree to settle all outstanding amounts on your Account upon request, and/or (b) you acknowledge that we may suspend or terminate your subscription and persist in attempting to charge your Payment Method for purchased Services until payment is received (whereupon your Account will be reactivated, and for automatic renewal purposes, your new subscription commitment period will commence from the date payment was received). You will be accountable for any unpaid amounts related to your subscription or any additional features, including but not limited to, collection expenses, bank charges, fees imposed by collection agencies, reasonable legal fees, and arbitration or court costs. Moreover, you consent to our charging your payment method on file if you opt to resume your subscription.
6.9 If you obtain a subscription to Weight Loser through a third-party application store (such as the Apple App Store or Google Play), the terms and conditions of that third party apply. In such cases, the provisions regarding subscription purchase, billing, cancellation/refunds, and payments outlined in this Agreement do not govern that subscription if there is a conflict with the terms of the third party. Your billing relationship for subscriptions obtained through a third-party App Store will be directly with that particular App Store. The fees for your Weight Loser subscription will be charged by the relevant third-party App Store using the payment details you provided to them. To terminate a subscription obtained through a third-party App Store, please follow the cancellation instructions provided by that App Store or visit our support center for assistance.
6.10 Additional Features. Occasionally, we may provide extra features for Weight Loser subscriptions, like specialized coaching sessions. These additional features could be subscription-based or available as a one-time purchase. The terms for these add-ons will be communicated during your sign-up process or in accompanying materials.
6.11 We may occasionally offer tangible products for sale. If you decide to purchase tangible products from us, your order will be governed by our Terms of Sale.
6.12 Taxes. In this section, "Sales Tax" refers to any state and local sales or use tax, value-added tax, levies, duties, or any other tax calculated based on sales proceeds, which is equivalent to a sales tax where the relevant taxing authority does not otherwise impose a sales or use tax. Prices shown do not include taxes. If any Service or payments for any Service under the Agreement are subject to Sales Tax in any jurisdiction and we have not applied the applicable Sales Tax, you will be responsible for paying such Sales Tax and any associated penalties or interest to the relevant tax authority. You agree to make all fee payments to us without any reduction for withholding taxes. Any such taxes applied to fee payments to us will be your sole responsibility. Tax may change upon subscription renewal in line with prevailing tax rates, based on the subscriber's provided billing or home address.
6.13 Refund Policy: Residents of California have the option to cancel their contract and request a refund following the guidelines outlined in Section 6.7. For all other cases, fees and charges imposed by us are non-refundable, except as specifically advertised by Weight Loser, and only if you meet the criteria for such promotion.
By agreeing to this, you agree to compensate and protect us against any of the following: (a) Your usage of the Service; (b) the content you contribute; (c) your breach of our guidelines; (d) your infringement of another party's rights, including those of other Weight Losers; and (e) your violation of any relevant laws. You acknowledge that the terms in this section will remain valid even after the termination of your account, as well as any alterations in our policies or Service.
8.1 You acknowledge that your use of the Service is solely at your own risk, and that the Service is provided on an "as is" and "as available" basis, to the extent permitted by applicable law. We explicitly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. This provision does not impact our return policy for physical goods purchased through the Services, which are governed by the terms outlined in our Terms of Sale.
(a) We do not guarantee or represent that: (1) the Service will meet your needs; (2) your use of the Service will be uninterrupted, timely, secure, or error-free; (3) defects will be corrected; (4) the applications or servers hosting the applications are free of viruses or other harmful components; or (5) the results obtained from using the Service will be permanent, accurate, or reliable.
(b) Any content obtained from or accessed through the Service is at your own risk, and you are solely responsible for any damage to your property, including but not limited to your computer system and any device used to access the Service, as well as any other loss resulting from accessing such content.
(c) No advice or information, either written or verbal, gained from us or through the Service shall constitute a warranty unless explicitly stated above.
8.2 You understand and agree that we bear no responsibility for the actions of third parties, including operators of external websites and providers of telehealth services. It is solely your responsibility to assume any risk of harm or injury arising from interactions with such third parties. We do not provide any guarantee or warranty concerning the products or services offered by third parties.
9.1 Disclaimer of Damages: To the maximum extent permitted by applicable law, you acknowledge and agree that we shall not be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising from (A) your access to or use of, or inability to access or use the service; (B) any conduct or content of any third party on the service; or (C) unauthorized access, use, or alteration of your transmissions or content.
9.2 Limitation of Liability: To the fullest extent permitted by applicable law, our liability to you shall not exceed the greater of (a) the total amount paid to us by you within the twelve-month period preceding the event giving rise to liability; (b) $100; or (c) the statutory damages specified by the relevant statute governing such claim. However, this limitation on liability shall not apply to our liability for (i) death or personal injury resulting from our negligence; or (ii) any harm caused by our fraud or fraudulent misrepresentation.
9.3 Severability: Should any part of this limitation of liability be deemed invalid, liability shall be restricted to the maximum extent allowed by law.
9.4 Exclusions: Some jurisdictions may not permit the exclusion or limitation of certain damages. If such laws are applicable to you, some or all of the aforementioned exclusions or limitations may not be enforceable, and you may have additional rights.
9.5 Statute of Limitations: No claim, demand for mediation or arbitration, or cause of action arising from events occurring more than two (2) years prior to the filing of a demand for mediation or arbitration or a lawsuit alleging a claim or cause of action may be brought against Weight Loser to the fullest extent permitted by law.
9.6 "Basis of the Bargain": The limitations of damages outlined above are fundamental components of the agreement between you and us.
We prioritize the safety and security of all individuals within our Weight Loser community. If deemed necessary, we reserve the right to reveal your identity, your User Content, or any associated data to third parties, including law enforcement agencies. Additionally, we may pursue legal action or suspend your access to the Service. Further details regarding the types of data we may disclose and the reasons behind such actions can be found in our Privacy Policy.
11.1 Termination by us. We have the right to discontinue your access to the Service for any reason.
11.2 Termination by You. You may terminate this Agreement by canceling all subscriptions and closing your account. PLEASE BE AWARE THAT THE SERVICE WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL IT.
11.3 Survival. The following sections shall survive any termination or expiration of this Agreement or your Subscription: 1.7, 3.2, 4, 5, and 7-14, as well as any other terms that are intended to survive termination.
12.1 Dispute Resolution: In the event of any disagreement or issue with our services that cannot be resolved mutually, both parties agree to engage in individual arbitration to resolve any disputes, claims, or disagreements related to the Services or the contractual relationship between us. This includes claims that may have arisen prior to the existence of this Agreement or any previous agreements, as well as those that may arise subsequent to the termination of this Agreement. The only exception to this is that both parties retain the right to pursue qualifying individual claims in small claims court, provided such claims remain within the jurisdiction of small claims court and are not elevated or appealed to a court of general jurisdiction. All other disputes must be resolved through individual arbitration, thereby waiving the right to pursue legal action in court or request a trial by jury. In cases where there is uncertainty regarding the eligibility of claims for small claims court, a court with appropriate jurisdiction will make the determination.
12.2 Informal Dispute Resolution. Both parties agree to make a good-faith effort to resolve any disputes informally before initiating arbitration. To initiate the informal dispute process, you must send a personalized written notice ("Notice of Dispute") to Weight Loser, Inc., Attn: Legal Department, 450 W. 33rd St., 11th Floor, New York, NY 10001, including (1) your name, phone number, and email address associated with your account, and (2) a description of the dispute and your preferred resolution. If there is a dispute with you, we will send a Notice of Dispute containing the same information to the email address on file for your account. Upon receipt of a complete Notice of Dispute, the recipient will have 60 days to investigate and attempt to resolve the claims. If either party requests a settlement conference during this period, both parties must cooperate to schedule a meeting via phone or videoconference. Both parties must personally participate, and may be accompanied by counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. The statute of limitations for claims asserted in the Notice of Dispute will be tolled from the date of receipt until the later of (i) 60 days, or (ii) after the completion of a timely requested settlement conference ("Informal Dispute Resolution Period"). Arbitration cannot be initiated until the Informal Dispute Resolution Period has concluded, and a court may prohibit the initiation or prosecution of arbitration for violation of this section. This section does not prevent either party from seeking relief for non-compliance with the Informal Dispute Resolution process through arbitration.
12.3 Arbitration serves as a less formal means of settling disagreements compared to pursuing a lawsuit in court. Unlike court proceedings, arbitration involves a neutral arbitrator instead of a judge or jury, typically features more limited discovery processes, and is subject to minimal review by the courts. Despite its informal nature, arbitrators possess the authority to grant individualized damages and relief comparable to those awarded by a court. Both parties agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. Any disputes regarding the interpretation, applicability, or enforceability of this binding arbitration agreement will be exclusively resolved by a court with appropriate jurisdiction. It's important to note that this arbitration provision remains in effect even after the termination of these Terms and your Weight Loser account.
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12.4 Arbitration procedures will be overseen by National Arbitration and Mediation ("NAM") according to their Comprehensive Dispute Resolution Rules and Procedures, with modifications specified in this Arbitration Agreement. If NAM is unable to administer the arbitration as per these Terms, the parties will mutually select an alternative administrator. In the event of no consensus, both parties agree to jointly request a court of appropriate jurisdiction to appoint an administrator. Once the Informal Dispute Resolution process is exhausted, either party must submit an arbitration demand to NAM to initiate arbitration. You can serve us with an arbitration demand via mail at: Weight Loser, Inc., Attn: Legal Department, 450 W. 33rd. St., 11th Floor, New York, NY 10001. Additionally, a signed certification confirming compliance with the Informal Dispute Resolution process must be included. If a dispute arises with you, we will send an arbitration demand to the email address linked to your account. Unless mutually agreed upon otherwise, arbitration will take place in the county (or parish) of your residence. Each party will bear the NAM filing, administrative, and arbitrator fees as per NAM Rules. The arbitrator will apply applicable law, and all counsel must adhere to Federal Rule of Civil Procedure 11(b). The arbitrator may impose sanctions available under the NAM Rules, Rule 11, or other relevant laws against the parties or their counsel, similar to court proceedings. The arbitrator will provide a reasoned written decision outlining the essential findings and conclusions forming the basis of the award. Any judgment based on the arbitrator's award may be entered in a court of competent jurisdiction; however, a satisfied award cannot be entered in any court. While the arbitrator may consider rulings from other arbitrations involving different users, their decision will not bind proceedings with different users. This section does not preclude either party from seeking injunctive or equitable relief from the courts, particularly regarding data security, intellectual property, or unauthorized access to the Service.
12.5 The following provisions outline additional procedures applicable to mass filings. Should twenty-five (25) or more similar claims be asserted against us by the same counsel or through coordination, as defined by the NAM Rules, both parties acknowledge that these additional procedures will be invoked, potentially causing delays in dispute resolution. It is agreed that counsel for both parties will collaborate to tailor these procedures to the specific requirements of the mass filing. Both parties affirm their commitment to the integrity and efficacy of arbitration, aiming for a fair resolution of genuine disputes. They pledge to act in good faith to ensure compliance with the outlined processes. It is mutually recognized that these mass filing procedures are designed to facilitate an efficient and equitable adjudication of claims. The parties are urged to engage in ongoing discussions to refine procedures, streamline processes, and reach resolutions.
In the first stage, both the claimants' and our counsel will each choose 25 claims to be filed individually and proceed through arbitration. Each case will be assigned to a different arbitrator, unless otherwise agreed upon by the parties. If there are fewer than 50 claims, all will be processed individually through arbitration. Any claims not selected for arbitration will not be filed or considered filed, and no administrative fees, except those related to procedural arbitration, will be charged for those claims unless they are later chosen for arbitration. Following the initial staged proceedings, the parties will participate in a comprehensive mediation session for the remaining claims, facilitated by a retired federal or state court judge jointly selected by both parties. We will cover the cost of the mediation session.
In Stage Two, if any unresolved claims remain, both claimants' and our counsel will each choose 50 claims per side for individual arbitration in a second phase. This process is subject to potential procedural adjustments agreed upon in writing post-mediation or through ongoing discussions. Unless agreed otherwise, no more than two cases will be assigned to one arbitrator. If there are fewer than 100 claims, all will proceed to individual arbitrations. Claims not selected for arbitration won't be filed or considered filed, and no arbitration fees will be incurred until they are chosen for individual arbitration in the staged process. Upon completion of this second phase, a joint mediation session will be held for all remaining claims, facilitated by a retired federal or state court judge selected jointly by the parties' counsel, with mediation fees covered by us.
Following the conclusion of the second global mediation session without resolution of remaining claims, any outstanding disputes will be excluded from arbitration and may proceed in a court of appropriate jurisdiction in line with the rest of the Terms. However, it's possible for the parties' legal representatives to agree in writing to handle some or all remaining disputes through individual arbitrations, following procedures similar to Stage Two, with the exception that disputes will be randomly selected, and mediation will be optional by mutual agreement of the representatives, or through another mutually acceptable process. A court with appropriate jurisdiction can enforce the Additional Procedures for Mass Filings, including the authority to prohibit the filing or continuation of arbitrations. These procedures and their requirements are integral components of this arbitration agreement. If, upon exhaustion of all appeals, a court determines that the Additional Procedures for Mass Filings are applicable to the dispute and are enforceable, then the dispute will not proceed through arbitration, but will instead be handled in a court consistent with the rest of the Terms. Any relevant time limitations (including statutes of limitations) and deadlines for filing fees or other requirements will be paused in accordance with these Additional Procedures for Mass Filings from the selection of the first cases in a staged process until the resolution, withdrawal, settlement, or exclusion of your claim from arbitration.
12.6 Opting Out. If you're a new user ofWeight Loser, you have the option to decline this Arbitration Agreement within 30 days of initially accepting the Terms. For existing users, you can opt out within 30 days of the effective date of 12/11/23. To opt out, please go to our support center [link] and provide your name, account email address, and a clear request to opt out of arbitration. If you choose to opt out, neither you nor we will be obligated to engage in arbitration under this (or any prior version of the) Arbitration Agreement. However, the Terms (and any other agreements between us) will still apply. If the Terms are updated after you've validly opted out, your opt-out will be respected. Please note that updates to the Terms won't provide a new opportunity to opt out of arbitration.
12.7 Claims that cannot be resolved through arbitration will not be affected by these Terms. Your statutory rights that cannot be waived will still apply. If there is a dispute that cannot be resolved through arbitration due to applicable laws or other reasons, both parties agree to resolve it according to the remaining provisions of these Terms. This section does not apply to consumers in the European Economic Area (EEA).
Both parties mutually consent that any legal proceedings, whether through arbitration or in a court of law, shall solely occur on an individual basis and not as part of any class, collective, consolidated, private attorney general, or representative action. Both parties also agree to forgo any entitlement to initiate or engage in such actions through arbitration or in court, to the maximum extent permissible by applicable law. However, it's important to note that the parties retain the option to participate in a settlement on a class-wide basis. Additionally, to the fullest extent allowed by law, both parties relinquish any right to a trial by jury.
14.1 We utilize various third-party service providers to facilitate payment processing for the Service, such as card acceptance and merchant settlement ("Third-Party Payment Service Providers"). By utilizing the Service, you grant us authorization to share the information and payment instructions you provide with our Third-Party Payment Service Providers as required to fulfill your transactions.
14.2 Third-Party Providers: The Service includes certain products and features provided by third parties, such as the Telehealth Service. To access these products and features, you may need to agree to additional terms and conditions with our Third-Party Providers. This Agreement pertains solely to the Service, thus any dealings between you and a Third-Party Provider are your responsibility. Prior to utilizing those products and features, it's essential to review their policies.
14.3 App Stores: When using any Weight Loser application obtained from the Apple App Store ("App Store Sourced Application"), you agree to utilize it solely on Apple-branded devices running the iOS operating system, adhering to the usage guidelines outlined in the Apple Media Terms of Service. However, you may access, obtain, and employ the App Store Sourced Application through other accounts linked to the purchaser via Apple's Family Sharing, volume purchasing, or Legacy Contacts functionalities. Similarly, concerning any application accessed from the Google Play store ("Google Play Sourced Application"), you may possess additional licensing privileges allowing shared usage within your designated family group. Furthermore, for any App Store Sourced Application obtained from the Apple App Store, the following conditions also apply.
(a) You understand and agree that (i) this Agreement is exclusively between you and us, not involving Apple, and (ii) we, not Apple, bear sole responsibility for the App Store Sourced Application and its content. Your usage of the App Store Sourced Application must adhere to the App Store Terms of Service.
(b) You acknowledge that Apple is not obligated to provide any maintenance or support services for the App Store Sourced Application.
(c) If the App Store Sourced Application fails to meet any applicable warranty, you may inform Apple, and Apple will reimburse the purchase price to the extent permitted by law. However, Apple will have no further warranty obligations regarding the App Store Sourced Application. Any other claims, losses, liabilities, damages, costs, or expenses resulting from a warranty breach will be our sole responsibility, not Apple's.
(d) We and you recognize that Apple is not responsible for addressing any claims made by you or any third party regarding the App Store Sourced Application or its possession and usage, including product liability claims, claims of non-conformity with legal or regulatory requirements, and claims under consumer protection laws.
(e) Both parties acknowledge that if a third party alleges that the App Store Sourced Application or its usage infringes on their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling, and resolving such claims.
(f) We and you agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement concerning your license of the App Store Sourced Application. Upon your acceptance of this Agreement's terms and conditions, Apple will have the right to enforce this Agreement regarding your license of the App Store Sourced Application against you as a third-party beneficiary.
(g) In addition to other terms of this Agreement, you must adhere to all applicable third-party agreements when utilizing the App Store Sourced Application.
15.1 Commencement Date: These Terms are effective as of the date of publication below and will remain in full force for your use of the Service, unless canceled in accordance with the Agreement.
15.2 Force Majeure: We will not be held accountable for any delay or inability to perform caused by circumstances beyond our normal control.
15.3 Assignment: You may not transfer or assign these Terms, or any rights or licenses granted hereunder, but we reserve the right to do so without restriction. If you are a consumer in the EEA, any party may transfer this Agreement and any associated rights and licenses to a third party, with the non-assigning party having the right to cancel the Agreement immediately by deactivating the account. In such circumstances, reasonable notification shall be provided.
15.4 Governing Law and Jurisdiction: These Terms are governed by the laws of the State of New York, notwithstanding its conflict of laws principles. If you are not a consumer in the EEA, you agree to the exclusive jurisdiction of the federal and state courts in New York County, New York, over any disputes that are not subject to arbitration. You and we agree to waive any objections to personal jurisdiction or venue in these courts. The UN Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a consumer in the EEA, you retain any rights under local law and have access to local courts.
15.5 Language: The parties expressly agree that the Agreement and any related documents will be written in English. It is the express wish of the parties that this convention and its accompanying documentation be written in English.
15.6 Notification: When joining up for the Service, you must supply a valid email address. In the event of an incorrect or undeliverable email address, any email sent to you will still be considered effective notification.
15.7 Waiver: Any waiver or failure to enforce a term of the Agreement on one occasion does not constitute a waiver of any other provision or of such provision on any subsequent occasion.
15.8 Severability: Except as specified in Section 12 (DISPUTE RESOLUTION), if any part of this Agreement is declared invalid or unenforceable, it will be understood to represent the parties' original intent, while the remaining portions will remain in full force and effect.
15.9 Export Control; Sanctions Compliance: You agree to follow U.S. and local laws when using, exporting, importing, or transferring the Services. This includes avoiding exporting the Service to embargoed countries or to individuals on applicable US government lists.
15.10 California Civil Code §1789.3 allows consumers to register complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs.
15.11 Entire Agreement: This Agreement is the total, comprehensive, and exclusive agreement between you and us regarding the Services. In the event of a discrepancy between these Terms and any additional terms applicable to a Service offering, these Terms take precedence.
The best way to contact us is by emailing [email protected] or at
Weight Loser, Inc.
6730 SW 29TH ST, TOPEKA,
KS 66614, UNITEDÂ STATES
Updated December 11, 2023.