Workshop + Digital and Total Access - Terms and Conditions | WW USA
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO AND/OR USE OF WORKSHOP + DIGITAL ("MONTHLY PASS") OR TOTAL ACCESS CAREFULLY.
1. Scope of Agreement
Unless otherwise indicated, this Membership Agreement ("Agreement") applies to (i) your attendance at WW Wellness Workshops ("Workshops") offered by the Workshop service provider identified during sign-up or on your Monthly Pass card ("Service Provider"), (ii) if you purchase Total Access, your use of personal coaching services (“Coaching”) (including but not limited to one on one phone sessions, emails and/or texts) provided by WW North America Holdings, Inc. (Coaching together with Monthly Pass, "Offerings") and (iii) your use of and/or access to the WW.com website and/or other websites (collectively, "Website") and your use of and/or access to the WW mobile applications ("Apps") both of which are owned or operated by WW.com, Inc. or its affiliates (collectively, "WW.com," and together with the Service Provider and WW North America Holdings, Inc., "WW," "we," "us," or "our"), including any portions thereof available only to members. Communications concerning the Offerings should be sent to WW International, Inc., 7171 W. 95th Street, Suite 400, Overland, KS 66212.
In addition to the applicable terms set forth herein, please note that (i) access to any Workshops shall be subject to additional terms and conditions which may be made available to you by the Service Provider (the "Workshop Terms and Conditions"), (ii) your use of Coaching may be subject to additional terms and conditions that will be made available on the Website or in the Apps (the "Coaching Terms"), and (iii) your use of the Website and Apps will also be subject to your agreement to terms and conditions provided on the Website and Apps (the "Website and Apps Terms and Conditions"), which can be found here.
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 "Terms and Conditions" link at the bottom of each page on our Website or in the Menu of the Apps. By using the Website, Apps or any of the Offerings, 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 Offerings, Website, or Apps and you should cancel your membership.
3. Your Membership
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and Apps and the material provided thereon and through the Offerings, 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 member. You agree to be financially responsible for your membership.
We reserve the right to cancel or terminate your use of and access to the Offerings, the Website (or any part thereof) and/or Apps without prior notice, including if you do not comply with this Agreement at any time. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of the Offerings or the Website and/or Apps, including, but not limited to, (i) restricting the time the Offerings, the Website and/or Apps 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 the Offerings, the Website and/or Apps. 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 Offerings, the Website and/or Apps, except for a refund of any prepaid fees or charges in accordance with Section 6 of this Agreement.
The WellnessWins Program is intended for your personal use only. Commercial use is strictly prohibited. The WellnessWins Program is not targeted to nor intended for use by anyone under the age of 18.
A. WellnessWins Program Description
The WellnessWins Program allows WW members to earn “Wins” for certain qualifying activities which can be redeemed for rewards (“Rewards”). There is no additional cost to participate. Wins are accrued for specific behaviors that have been identified as key drivers to success on the WW journey. Your progress in accumulating Wins can be viewed in the WW app.
B. WellnessWins Program Eligibility
All active members to Digital, Workshop + Digital, Coaching, or Total Access are eligible to participate in the WellnessWins Program. Pay as you go members are not eligible to participate as you must have access to the WW digital tools.
C. Earning Wins
The benefits that are available to you through the WellnessWins Program are based on the number of Wins that you earn. Wins are earned based on performing specific activities encouraged as part of the WW program, e.g.:
Food Tracking - track daily meals online (i.e., breakfast, lunch, dinner) and earn Wins for every tracked meal, limited to three meals per day.
Activity Tracking - track physical activity online (i.e., yoga, jogging, swimming, etc.) and earn Wins for every tracked physical activity, limited to one per day.
Weight Tracking - track your weight online or in the app and earn Wins limited to once per week (for Digital members and franchise Workshop members only.)
Workshop Attendance – attend a WW Workshop (excluding franchise locations) and earn Wins limited to once per week.
Challenge Achievement - earn extra Wins for participating in WW challenges throughout the year.
Syncing to an approved fitness device – synch with your approved fitness device and earn Wins.
Bonus Wins and additional activities may be provided from time to time
D. Redemption & Rewards
Rewards within the WellnessWins Program are determined by the number of Wins you accumulate in your account. You can redeem Wins for Rewards within the corresponding tier of Wins.
Rewards may differ based on where you are located and may include WW merchandise, merchandise fulfilled by third party partners, and services or experiences fulfilled by third party partners.
Rewards are subject to availability and may be changed without notice, but any substitutions will be of comparable value.
E. Wins Expiration
Earned Wins expire upon the effective date of cancellation, expiration or termination of your membership plan. Wins will remain in your account for two weeks after cancellation, expiration or termination of your membership, but you will only be able to redeem any such Wins if you rejoin the WW program within the two-week period.
F. Returns and Exchanges of Rewards
Returns/Exchanges of Rewards are only allowed in the case of merchandise defects. In all other cases, returns/exchanges will not be accepted and Wins will not be refunded.
G. Termination/Modification of the WellnessWins Program
WW reserves the right at any point to change or terminate any and all aspects of the WellnessWins Program in whole or in part, including but not limited to, the activities to earn Wins, the manner in which Wins are redeemed, and the reward levels and Rewards.
H. Disclaimer of All Warranties
THE WELLNESSWINS PROGRAM, SERVICE AND REWARDS ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WELLNESSWINS PROGRAM, SERVICE AND REWARDS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Wins have no cash value.
Wins have no purpose or use except in exchange for Rewards offered by WW via the WellnessWins Program.
Redemption offers may be time-limited or available only in limited quantities.
Member's Wins cannot be redeemed by, sold or otherwise transferred to, any other person.
Wins are not valid unless earned in strict compliance with the requirements of the WellnessWins Program, and members shall not attempt to earn Wins by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
If you have any problems, issues, complaints or concerns with any of the Rewards fulfilled by a third-party provider, you should address those problems, issues, complaints or concerns directly with such provider.
Rewards that are redeemed may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability.
Except for willful misconduct or gross negligence on the part of WW, by participating in the WellnessWins Program, members release WW, its subsidiaries, affiliates, suppliers, third party providers and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the WellnessWins Program or the use of any Rewards that are redeemed.
5. Charges and Fees
As a member, you are charged by your Service Provider a monthly (or other periodic) fee and initial fixed or starter fee, if applicable at the time, as set forth at Workshop locations or on the Website or in the Apps. 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 your membership. 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, in the Apps, or such other means as we may deem appropriate (including email or conventional mail). In addition to the fees we charge you, you are responsible for all charges and fees associated with signing up for and using your membership, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access or use the Offerings, the Website and/or Apps. After your payment for your initial billing period, we will automatically charge your credit card (or other account, if applicable) at the start of each renewal period, unless you have cancelled your membership 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 membership will automatically be renewed at our standard rate and for our standard period (usually monthly). If we offer you the choice to purchase another available savings plan, and you wish to purchase such savings plan, you must notify us before you are charged for the next membership period.
Each time you attend Workshops, participate in Coaching or log onto the Website and/or Apps 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 membership.
You agree to provide us with true, accurate and complete information as required by the sign-up process (“Membership 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 Membership 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 Membership 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 membership, and if applicable, your user account, and refuse any and all current or future use and/or access by you of the Offerings, the Website and/or Apps (or any portion thereof).
6. Cancellation of Membership
You can cancel your membership by contacting Customer Service at email@example.com or as otherwise set forth in the Monthly Pass/Total Access Cancellation Policy, which can be found at http://www.weightwatchers.com/monthlypasscancellation or in your Workshop. We will attempt to process all cancellation requests promptly, provided that you send your request via the acceptable methods.
From time to time, we may have special, discounted multi-month recur bill commitment plans with predetermined early termination fees in lieu of our standard cancellation policy. If you subscribe to such a plan and you decide to cancel at any during the commitment plan period, you will be charged the pre-determined early termination fee as specified in the plan offer terms.
We may allow you to cancel your membership with respect to the Workshop portion, the Coaching portion and/or the Website and Apps portions of your membership. In that case, this Agreement (and the Website and Apps Terms and Conditions as applicable) would continue to apply to your access to the Workshops provided by your Service Provider, Coaching and/or to the Website and Apps, to the extent that such access continues as part of your membership.
Our fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you attended Workshops, participated in Coaching or logged onto the Website or Apps during that month), and any sign-up or registration fee, are nonrefundable except as set forth below: (1) If you are canceling your membership within 5 days (or such other period as required by law) of your initial purchase, we will refund the full amount of such initial purchase. (2) If your membership is cancelled due to any of the following: pregnancy, medical reason, relocation (you move more than 15 miles from a Workshop location) or a Workshop closure and there is no other location within 5 miles of your new home or the closed Workshop) 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 states you may have additional rights with respect to cancellation, as set forth in Section 14 below. Notwithstanding Section 14, you may always cancel using any of the methods, and for any of the reasons, set forth at http://www.weightwatchers.com/monthlypasscancellation. (3) If we terminate your membership (as opposed to you canceling your membership), 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. (4) If you cancel your membership and are entitled to any refund pursuant to this Section 6, 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.
8. Privacy and Security
9. Availability of Monthly Pass
The availability and use of your membership 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 or may terminate your membership at any time based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe. As a member, you represent that you are a United States citizen or resident with a valid United States mailing address. While you may use your membership to attend Workshops in any area, if you regularly attend Workshops operated by a Service Provider other than the Service Provider listed on your Monthly Pass, then in order to use your membership following the end of your current billing period, you may be required instead to sign up for a membership with the Service Provider operating the Workshops you regularly attend. Fees may vary by Service Provider.
10. Relationship between Service Provider and WW
Your Service Provider is a affiliate or franchisee of WW International, Inc., licensed to use its brand and intellectual property in Workshops and is responsible for your membership.
11. Disclaimer of Warranty
PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM WW PERSONNEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
12. 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, THE OFFERINGS, WEBSITE AND/OR APPS; (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 MEMBERSHIP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR MEMBERSHIP, 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 YOUR MEMBERSHIP), YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF YOUR MEMBERSHIP. 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 WW products or services (including, without limitation, Monthly Pass and Total Access, the Website and/or Apps, as applicable), 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.
14. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
15. State Law Provisions
a. Provisions applicable to you if you attend Workshops in California
(1) You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect, or cancel as provided in the Monthly Pass Cancellation Policy. This notice shall be sent to: WW International, Inc., 7171 W. 95th Street, Suite 400, Overland, KS 66212.
(2) You, or your estate, may cancel this contract for the following reasons: (i) you move your primary residence further than 50 miles from your current Workshop location and you cannot use your membership at a comparable Workshop location or (ii) you are unable to receive all services for which you have contracted, due to death or disability during the term of your contract. In either of these cases, you may cancel by mailing or delivering written notice of your cancellation to us as provided in the Monthly Pass Cancellation Policy at Monthly Pass/Total Access. If you cancel for either of these reasons, you will be entitled to a pro-rated refund.
b. Provisions applicable to you if you attend Workshops in Iowa
(1) NOTICE TO BUYER: DO NOT ACCEPT THIS CONTRACT UNTIL YOU READ IT.
(2) BUYER'S RIGHT TO CANCEL:
You may cancel this transaction within three business days from the date you enter this agreement.
If you cancel, any payments made by you under the contract, less an administrative fee not to exceed twenty dollars, and any negotiable instruments executed by you will be returned within forty-five days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. After you cancel, we may request the return of all contracts, membership cards, and other documents or evidence of membership.
To cancel this transaction, send, or deliver a signed and dated copy of this cancellation notice or any other written notice by certified or registered mail to WW International, Inc., 7171 W. 95th Street, Suite 400, Overland, KS 66212, or cancel as otherwise provided in the Monthly Pass Cancellation Policy at Monthly Pass/Total Access, not later than midnight of the third business day after your purchase.
(3) You, or your estate, may cancel this contract if you die or become totally physically disabled for the duration of the contract. In either of these cases, you may cancel by mailing or delivering written notice of your cancellation to us as provided in the Monthly Pass Cancellation Policy. If you cancel for either of these reasons, you will be entitled to a pro- rated refund.
For Iowa residents only, the maximum length of this contract shall be thirty-six months from the date you sign up. You will be billed in monthly installments.
c. Provisions applicable to you if you attend Workshops in Maryland Notice of Consumer Rights:
(1) Our registration number with the Consumer Protection Division of the Office of the Attorney General is E2322.
(2) We have posted bond with the Consumer Protection Division of the state of Maryland in the amount of $4 million.
(3) If your regular Workshop location is closed for a period of longer than one month, you are entitled to your choice of either an extension of your contract or a prorated refund. If the closing is not the fault of the business, we are entitled to choose either the extension or refund.
d. Provisions applicable to you if you attend Workshops in South Carolina
For South Carolina residents only, the maximum length of this contract shall be twenty-four months from the date you sign up. You will be billed in monthly installment.
e. Provisions applicable to you if you attend Workshops in Wisconsin
(1) CANCELLATION AND REFUNDS
Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd operating day after the date on which you signed the contract. If the facilities or services that are described in the contract are not available at the time you sign the contract, you have until midnight of the 3rd operating day after the day on which you received notice of their availability, to cancel the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying us by any writing mailed or delivered to WW International, Inc., 7171 W. 95th Street, Suite 400, Overland, KS 66212, or canceling as otherwise provided in the Monthly Pass Cancellation Policy at Monthly Pass/Total Access. If you do so cancel, any payments made by you, less the value of services already provided, will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by WW and arrangements will be made to relieve you of any further obligation to pay the same.
(2) You, or your estate, may cancel this contract if you die or become disabled during the term of your contract. In either of these cases, you may cancel by mailing or delivering written notice of your cancellation to us as provided in the Monthly Pass Cancellation Policy at Monthly Pass/Total Access. If you cancel for either of these reasons, you will be entitled to a pro-rated refund.
16. Miscellaneous Terms
In any action against us arising from the use of your membership, 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 this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, as it may be updated from time to time, together with the Website and Apps Terms and Conditions and any Workshop Terms and Conditions, are the entire agreement between you and WW relating to the subject matter herein. WW may assign its rights and obligations under this Agreement. This Agreement 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 this Agreement (or which we would have under any applicable law), that will not be construed as a waiver of our rights.
For purposes of this Agreement, if your Service Provider has been identified as “Weight Watchers UWIN,” your Service Provider is: (i) Weight Watchers of Salt Lake City, Inc., for Workshops in Utah, Wyoming or Nevada, or (ii) Weight Watchers of Southern Idaho, Inc., for Workshops in Idaho.
If your Service Provider has been identified as “Weight Watchers of Greater MS, So. AL, FL Panhandle,” your Service Provider is: (i) WW Inc. dba Weight Watchers In Greater Mississippi, Inc., for Workshops in Mississippi, or (ii) BJM Inc. dba Weight Watchers of Southern Alabama and Florida Panhandle, Inc., for Workshops in Alabama and Florida.(Last modified on November 3rd, 2016)
Website and Apps Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO AND/OR USE OF THE WEBSITE AND APPS CAREFULLY.
1. Scope of Agreement
Unless otherwise indicated, these Terms and Conditions (“Terms”) apply to your use of and/or access to the WW.com website and/or other websites (collectively, “Website”) and the Apps which are owned or operated by WW.com, Inc. or its affiliates (collectively, "we," "us," or "our"), including any portions thereof available only to members.
In addition to the applicable terms set forth herein, access to the Website and Apps shall be subject to the Monthly Pass and Total Access Membership Agreement (the “Agreement”) which is incorporated into these Terms by this reference. Your use of the Website and Apps may also be subject to your agreement to additional terms and conditions provided on the Website and in the Apps (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 "Membership Agreement" link at the bottom of each page on our Website and in the Menu of the Apps. By using the Website and the Apps, 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 or the Apps.
3. Your Access to the Website and Apps
If you do not comply with these Terms or the 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 and the Apps (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 or the Apps. If your registration or membership is revoked for any reason, you agree not to register or subscribe again with our Website or the Apps 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 and the Apps. Certain portions, components, content and features of the Website and the Apps are only available to paying members. 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 membership 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. If you cancel your membership, 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 and Apps may contain information, software, photos, videos, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively “Content”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. The Content and functionality may be covered by U.S. Patents No.’s 6,040,531; 6,436, 036; 6,663,564, 7,523,040, 7,361,143, 8,595,023, 8,382,482 and additional patents pending. 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 or mobile phone, you do not obtain any ownership interest in such Content. The Website and Apps 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. Connect Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to, or on our WW community which can be accessed via the Website or through the App (“Connect”)_, 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 Connect. We do not control the Postings posted, emailed or otherwise transmitted by others and, as such, do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted standards and conduct guidelines for the users Connect (as described below), you understand that by using Connect, 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 posted, emailed or otherwise transmitted to or through Connect. You agree not to use Connect 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 Connect, 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 Connect;
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;
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 or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of Connect;
Interfere with or disrupt Connect or servers or networks connected to Connect, or disobey any requirements, procedures, policies or regulations of networks connected to Connect;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
"Stalk" or otherwise harass another user of Connect;
Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of Connect; or
Access or attempt to access another user’s account without his or her consent.
Your privilege to use and/or access the Website and Apps (including Connect) and contribute to discussions on Connect depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of Connect and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your use of, or participation in Connect. We reserve the right to monitor some, all, or no areas of Connect for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings on Connect, we are acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Postings or activities, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to when it is posted or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from Connect, and we are not liable for any loss you incur in the event that Content you post or transmit to Connect is removed.
10. Website Links
These Terms apply to this Website and the Apps, and not to the websites or apps of any other person or entity. We may provide, or third parties may provide, links to other websites, apps or resources. You acknowledge and agree that we are not responsible for the availability of such external sites, apps 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, apps 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 or apps (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 or app to that website's or app’s administrator or webmaster.
11. Third Party Products and Services
You may be able to order services, merchandise or other products through the Website or Apps 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.
12. Copyright Complaints
We respect the intellectual property of others, and ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use and/or access the Website or Apps (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner;
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Website and/or the Apps are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website and/or the Apps;
your name, mailing address, telephone number and email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this Website and Apps should be sent to our designated agent for notice of claims of copyright infringement: General Counsel, WW.com, Inc., 675 Avenue of the Americas, 6th Floor, New York, New York 10010.
13. Relationship between WW.com and WW International
WW.com is an affiliate of WW International, and is authorized to use under license the WW and Weight Watchers brand and intellectual property on the Internet. WW International is the trade name and Weight Watchers and WW are the trademarks and service marks of WW International as are certain other trademarks and service marks used on this Website and in the Apps under WW International's control.
14. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, CONTENT AND MATERIALS ON THIS WEBSITE AND IN THE APPS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, 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 THE APPS, OR ANY FUNCTION CONTAINED IN THIS WEBSITE OR THE APPS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE APPS OR THE SERVERS THAT MAKE THE WEBSITE AND APPS 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 OR THE APPS IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE 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 OR THE APPS 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 OR THE APPS; (B) USE OF ANY CONTENT ON THIS WEBSITE OR THE APPS OR ANY WEBSITE LINKED TO THIS WEBSITE OR THE APPS, (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 OR THE APPS; (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 THE APPS; OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE APPS. 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 MEMBERSHIP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR APPS, 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 AND THE APPS. 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 WW products or services (including, without limitation, the Website and Apps), 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 State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
18. Miscellaneous Terms
In any action against us arising from the use of the Website and/or the Apps, 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 Agreement and any Coaching Terms, Workshop Terms and Conditions and Additional Website and Apps Terms, are the entire agreement between you and us relating to the subject matter herein. We may assign our 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.
(Last modified as of August 12, 2019)