Monthly Pass Subscription Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO AND/OR USE OF MONTHLY PASS CAREFULLY.
1. Scope of Agreement
Unless otherwise indicated, this Subscription Agreement (“Agreement”) applies to (i) your attendance at Weight Watchers meetings and/or use of any other offline services (together, “Meetings”) offered by the meeting service provider identified during sign-up or on your Monthly Pass card ("Service Provider") and (ii) your use of and/or access to the weightwatchers.ca website and/or other websites (collectively, “Website”) which are owned or operated by Weight Watchers Canada, Ltd. or its affiliates (collectively, "Watchers Canada" and together with the Service Provider, "Weight Watchers," "we," "us," or "our"), including any portions thereof available only to subscribers. Communications concerning Monthly Pass should be sent to Monthly Pass, P.O. Box
129, 146 Lakeshore Road, Oakville, ON, L6K 1E4, 1-800-651-6000. This Agreement is specifically directed to residents of Canada. This contract is effective on the date on which it is accepted by you.
In addition to the applicable terms set forth herein, access to any Meetings shall be subject to additional terms and conditions which may be made available to you by the Service Provider (the "Meeting Terms and Conditions"). Your use of the Website will also be subject to your agreement to terms and conditions provided on the Website (the “Website Terms and Conditions”), which can be found at https://www.weightwatchers.com/ca/en/termsandconditions/meetings
2. Binding Agreement
We reserve the right, in our sole discretion, to change, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes – you may find it through the "Subscription Agreement" link at the bottom of each page on our Website, or in the Meeting room. By using the Website or attending Meetings, including after any changes are posted to this Agreement or you are otherwise notified of such changes, you agree to this Agreement and accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use or access the Meetings or Website and you should cancel your subscription. YOUR RIGHTS OF CANCELLATION ARE SET FORTH IN SECTION 13 OF THIS AGREEMENT
3. Your Subscription
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided thereon and in your Meetings, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a Monthly Pass subscriber. You agree to be financially responsible for your subscription.
If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your use of and access to Meetings and/or the Website (or any part thereof) without prior notice. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of Meetings or the Website, including, but not limited to, (i) restricting the time the Meetings and/or the Website are available, (ii) restricting the amount of use and/or access permitted, and (iii) restricting or terminating anyone's right to use and/or access Meetings and/or the Website.
Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of the Meetings and/or the Website, except for a refund of any prepaid fees or charges in accordance with Section 6 of this Agreement.
4. Charges and Fees
As a Monthly Pass subscriber, you are charged by your Service Provider a monthly (or other periodic) fee and initial fixed or registration fee, if applicable at the time, as set forth at Meeting locations or on the Website. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), such fees, applicable taxes, and other charges and fees incurred in order to use or access Monthly Pass. We reserve the right to increase fees, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate (including email or conventional mail).
After your payment for your initial billing period, we will automatically charge your credit card (or other account, if applicable) up to 15 days prior to the start of each renewal period, unless you have cancelled your subscription before you are charged for the relevant renewal period. The renewal charge will be the same as the prior period's charge, unless we notify you at the time of sign-up or prior to the beginning of the renewal period as described above, or if you were previously signed up for a discount rate for which you are no longer eligible or a savings plan -- in which case your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly). If you wish to purchase another available savings plan, you must notify us before you are charged for the next subscription period (usually about 15 days before the expiration of your current plan).
Each time you attend Meetings or log onto the Website you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your Monthly Pass subscription.
You agree to provide us with true, accurate and complete information as required by the sign-up process ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your subscription, and if applicable, your user account, and refuse any and all current or future use and/or access by you of the Meetings or the Website (or any portion thereof).
5. Cancellation of Subscription
You can cancel your subscription by contacting Customer Service at email@example.com or as otherwise set forth in the Monthly Pass Cancellation Policy, which can be found at www.weightwatchers.ca/monthlypasscancellation or in your Meeting. We will attempt to process all cancellation requests promptly, provided that you send your request via the acceptable methods.
We may allow you to cancel your subscription with respect to the Meetings portion only or the Website portion only of your subscription. In that case, this Agreement (and the Website Terms and Conditions) would continue to apply to your access to the Meetings provided by your Service Provider or to the Website, to the extent that such access continues as part of your subscription.
Our fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you attended Meetings or logged onto the Website during that month), are nonrefundable except as set forth below:
(1) If you subscribe to a prepaid savings plan and you decide to cancel during the period for which you have prepaid, we will refund you the difference (if any) if the amount you paid is greater than the amount you would have paid for the months elapsed if you were subject to our standard pricing in effect during such time and not subject to a savings plan.
(2) Depending on when we receive your notice of cancellation, it is possible that we may have already charged you for your next subscription period. In that case, we will refund you the full amount for that next subscription period as long as you return to us, in accordance with the Monthly Pass Cancellation Policy, any material we send you that provides you with access to the Meetings for that next period (typically your next Monthly Pass card), and do not access Meetings or the Website during that next period.
(3) If you are in Quebec, please see Section 13 for certain rights of cancellation. If you are outside of Quebec, and are canceling your subscription within 10 days (or such other period as required by law) of your initial purchase, you are entitled to a refund of the full subscription amount of such initial purchase.
(4) If your subscription is cancelled due to your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria, or due to your death, disability, or relocation prior to the end of a period for which you have incurred a charge, then, with the exception of any fixed upfront fee we may have charged, we will refund any unused portion of such period. In addition, in certain provinces you may have additional rights with respect to cancellation, as set forth in Section 13 below. Notwithstanding Section 13, you may always cancel using any of the methods, and for any of the reasons, set forth in the Monthly Pass Cancellation Policy.
(5) If we terminate your subscription (as opposed to you canceling your subscription), other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis.
(6) If you cancel your subscription and are entitled to a full refund, we reserve the right to charge a fee to cover the cost to us of any administrative or other services you may have used prior to your cancellation, to the extent permitted by law.
7. Availability of Monthly Pass
The availability and use of Monthly Pass may be limited based on demographic, geographic, health or other criteria we may establish from time to time. You understand and agree we may disallow you from subscribing to Monthly Pass or may terminate your subscription at any time based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe. As a subscriber, you represent that you are a Canadian citizen or resident with a valid Canadian mailing address.
We may limit the availability of Monthly Pass to individuals currently attending Meetings in participating areas or participating locations. Please visit www.weightwatchers.ca/monthlypasslocations or ask in your Meeting room for details concerning these locations. While you may use your Monthly Pass to attend meetings in any participating areas, if you regularly attend meetings operated by a Service Provider other than the Service Provider listed on your Monthly Pass card, then in order to use your Monthly Pass following the end of your current billing period, you may be required instead to sign up for Monthly Pass with the Service Provider operating the Meetings you regularly attend. Fees may vary by Service Provider.
8. Relationship between Service Provider and Weight Watchers International
Your Service Provider is a subsidiary or franchisee of Weight Watchers International, Inc., licensed to use its brand and intellectual property in Meetings and is responsible for your Monthly Pass subscription.
9. Disclaimer of Warranty
PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM WEIGHT WATCHERS PERSONNEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) ACCESS TO, OR THE INABILITY TO ACCESS, MEETINGS; (B) THE USE OF ANY PRINTED MATERIAL; OR (C) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR DATA.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR YOUR SUBSCRIPTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR SUBSCRIPTION, ANY PROVISION OF THIS AGREEMENT, OR ANY PRACTICE OR POLICY OF OURS (INCLUDING WITHOUT LIMITATION ANY CHANGE IN CONTENT, OR IN THE AMOUNT OR TYPE OF FEES ASSOCIATED WITH MONTHLY PASS), YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF YOUR SUBSCRIPTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of any Weight Watchers products or services (including, without limitation, Monthly Pass), your violation of this Agreement, or the infringement or use by you or any other user of your account, of any intellectual property or other right of any person or entity.
12. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law.
13. Provincial Law Provisions
a. Provisions applicable to British Columbia
(1) You may cancel this contract by giving notice of cancellation to us not later than 10 days after the date you receive a copy of the contract. If you cancel for this reason, you are entitled to a full refund.
(2) You can cancel this contract at any time by giving notice of cancellation and the reason for the cancellation to us if there has been a material change in your circumstances (i.e., physical or medical reason substantiated in writing by a medical practitioner or if you have relocated over 30 km from where you attend your meeting and there are no comparable facilities available) or in the services we supply (i.e., services not completed, unavailable, your meeting location relocates 30 km from you and there are no comparable meetings available to you).
(i) For cancellations due to your material change, you are entitled to a refund for the unused portion of the period for which you have incurred a charge, less 30%.
(ii) For cancellations due to our material change you are entitled to a refund for the unused portion of the period for which you have incurred a charge.
b. Provisions applicable to Nova Scotia
For Nova Scotia residents only, the maximum length of this contract shall be 1 year from the date you sign up. You will be billed for your Monthly Pass in monthly installments.
c. Provisions applicable to Ontario
Your Rights Under the Consumer Protection Act, 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.
In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.
If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
d. Provisions applicable to Quebec
(1) Clause required under the Consumer Protection Act.
(Contract entered into by a merchant who operates a physical fitness studio)
The consumer may cancel this contract without charge or penalty before the merchant has begun the performance of his principal obligation by sending the form attached hereto or another notice in writing for that purpose to the merchant.
If the merchant has begun to perform his principal obligation, the consumer may cancel this contract within a time period equal to 1/10 of the duration prescribed in this contract by sending the attached form or another notice in writing for that purpose to the merchant. Such time period shall begin at the time the merchant begins to perform his principal obligation In that case, the merchant may not exact from the consumer payment of any sum greater than one-tenth of the total price prescribed in the contract.
The contract is cancelled, without further formality, upon the sending of the form or notice.
Within 10 days following the cancellation of this contract, the merchant must restore to the consumer the money he owes him.
It is in the consumer's interest to refer to sections 197 to 205 of the Consumer Protection Act (R.S.Q., c. P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.».
________________________________________________________________________CANCELLATION FORM FOR CONSUMERS ATTENDING MEETINGS IN QUEBEC
(name of merchant)
(address of merchant)
(date of sending of this form)
By virtue of section 204 of the Consumer Protection Act, I cancel the contract
(number of the contract if indicated)
(date when the contract was made)
(place where the contract was made)
(name of consumer)
(signature of consumer)
(address of consumer)
(2) For Quebec residents only, the maximum length of this contract shall be 1 year from the date you sign up. You will be billed for your Monthly Pass in monthly installments.
(3) Our license number is: 1163882963
Choice of Language
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
(Last updated August 25, 2017)
Website Terms and Conditions for Monthly Pass
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO AND/OR USE OF THE WEBSITE CAREFULLY.
1. Scope of Agreement
Unless otherwise indicated, these Terms and Conditions (“Terms”) apply to your use of and/or access to the weightwatchers.ca website and/or other websites (collectively, “Website”) which are owned or operated by Weight Watchers Canada, Limited, or its affiliates (collectively, "we," "us," or "our"), including any portions thereof available only to subscribers. These Terms and the Website are specifically directed to residents of Canada and the Website is for use only by residents of Canada.
In addition to the applicable terms set forth herein, access to the Website shall be subject to the Monthly Pass Subscription Agreement (the “Monthly Pass Agreement”) which is incorporated into these Terms by this reference. Your use of the Website may also be subject to your agreement to additional terms and conditions provided on the Website (the “Additional Website Terms”).
2. Binding Agreement
We reserve the right, in our sole discretion, to change, add or remove provisions of these Terms at any time. You should check these Terms periodically for changes – you may find it through the "Subscription Agreement" link at the bottom of each page on our Website. By using the Website, including after any changes are posted to these Terms or you are otherwise notified of such changes, you agree to these Terms and accept those changes, whether or not you have reviewed them. If you do not agree to these Terms, you should not use or access the Website.
3. Your Access to the Website
If you do not comply with these Terms or the Monthly Pass Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or use of and access to the Website (or any part thereof).
You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without notice to you, or to exercise any other remedies available to us under these Terms or by law.
4. Charges and Fees
You are responsible for all charges and fees associated with signing up for and connecting to the Website.
Certain portions, components, content and features of this Website are only available to paying subscribers. You are entirely responsible for maintaining the confidentiality of your password and user account information and for all activities which occur under your account. You must notify us immediately in the event of any known or suspected unauthorized use of your user account or breach of security. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you notify Customer Service of such breach of security.
5. Privacy and Security
6. Automatically Become a Registered User
Once you accept these Terms, you automatically become a registered user of this Website, which provides you with access to certain products, offerings, features, or resources of the Website such as the ability to post messages on one of the Community Areas. A "Community Area" means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of the Website or post your own information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content"). If you cancel your subscription, you will remain a registered user of the Website unless you specifically request otherwise.
7. Restrictions on Use of Materials
You acknowledge that the Website may contain Content that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. All Content is copyrighted under the Canadian copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way commercially exploit, any of the Content, in whole or in part. When Content is received by you in printed form or downloaded to your computer, you do not obtain any ownership interest in such Content. The Website and all Content is solely for your personal, non-commercial use and use of any Content for any other purpose, is prohibited without our prior written consent.
8. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to, via or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings made by others and, as such, do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings.
You agree not to use this Website (including any Community Areas) to:
Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
Harm minors in any way or solicit or otherwise attempt to gain any information from a minor;
Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of ours or any other person or entity, or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;
Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
Intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, any regulations having the force of law;
"Stalk" or otherwise harass another user or employee of this Website;
Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website (including user names and passwords) or about any other third party; or
Access or attempt to access another user’s account without his or her consent.
Your privilege to use and/or access this Website (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the community standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
10. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing this Website. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO MONTHLY PASS.
11. Website Links
These Terms apply to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such Content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
12. Third Party Products and Services
You may be able to order services, merchandise or other products through the Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products of the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
13. Relationship between Weight Watchers Canada and Weight Watchers International
Weight Watchers Canada is an affiliate of Weight Watchers International, and is authorized to use under license the WEIGHT WATCHERS® brand and intellectual property on the Internet. WEIGHT WATCHERS is the trade name and the registered trademark and service mark of Weight Watchers International as are certain other trademarks and service marks used by Weight Watchers Canada on this Website under Weight Watchers International's control.
14. Disclaimers of Conditions and Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF CONDITIONS AND WARRANTIES:
THE PRODUCTS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER WE, NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR ACCESS TO THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER WE NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN, OR OFFERED THROUGH, THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) USE OF AND/OR ACCESS TO, OR THE INABILITY TO USE AND/OR ACCESS THIS WEBSITE; (B) USE OF ANY CONTENT ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR YOUR SUBSCRIPTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ANY PROVISION OF THESE TERMS, OR ANY PRACTICE OR POLICY OF OURS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of any Weight Watchers products or services (including, without limitation, the Website), your violation of these Terms, or the infringement or use by you or any other user of your account, of any intellectual property or other right of any person or entity.
17. Governing Law and Choice of Forum
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law.
18. Miscellaneous Terms
In any action against us arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, as they may be updated from time to time, together with the Monthly Pass Subscription Agreement and any Meeting Terms and Conditions and Additional Website Terms, are the entire agreement between you and us relating to the subject matter herein.
We may assign its rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. You agree that if we do not exercise or enforce any legal right or remedy under these Terms (or which we would have under any applicable law), that will not be construed as a waiver of our rights.
19. Choice of Language
The parties hereto confirm that it is their wish that these Terms, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
(Last updated on August 25, 2017)