Terms and Conditions
Your Agreement to Terms & Conditions
Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, (Section X) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section IX)
This Document contains the terms and conditions of your receipt and payment for Wellina goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF Wellina GOODS AND SERVICES.
We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. The Wellina Program is intended only for consumers who have reached the age of majority. By purchasing Wellina products or enrolling in a Wellina Program, you represent that you have reached the age of majority where you live.
Important Health Information for Wellina® Program
The Wellina Program encourages a healthier pattern of eating and the development of healthy lifestyle habits, however it is not intended to treat any illness or disease.
We prohibit people with certain conditions to use the Wellina Program; these include those who are pregnant, have been diagnosed with or treated for anorexia or bulimia within the last 5 years, and those who have a BMI under 18.5. Please note that if you are allergic to soy, peanuts, you may not use the Wellina program because adjustments to the meal plan cannot be made to accommodate these allergies.
Please consult your health care provider before enrolling in a Wellina Program or purchasing Wellina products if you have a medical condition, food allergies, have chronic kidney disease, have a condition requiring a gluten-free or ketogenic diet, are a nursing mother, or are a male weighing over 450lbs or a female weighing over 400lbs. You must consult your physician to determine if you require an adjusted meal plan. Wellina will not provide you with advice or recommendations based upon your medical condition or food allergies. If your physician informs you that you require an adjusted meal plan, please call Wellina to discuss the type of adjustment that you require and you will be informed as to whether or not the requested adjustment can be fulfilled. Wellina does not guarantee that every request for an adjusted meal plan can be met, and the determination is on a case-by-case basis.
If you are being treated for a medical condition, taking prescription medication, or following a therapeutic diet to treat a disease, it's especially important to show the Wellina Program to your health care provider. Any modifications made to the Wellina Plan by your health care provider should be followed.
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. INFORMATION PROVIDED BY THE WEBSITE, COACHING TEAM, AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED.
The Wellina Coaching team does not provide medical, mental health or any other type of health service. You are advised to seek diagnosis, treatment, and advice regarding medical or mental conditions or illness from physicians practicing medicine, psychotherapists, psychologies or other licensed healthcare and mental health professionals.
The Wellina Program is a portion-controlled, reduced-calorie comprehensive weight loss program. You are urged and advised to seek the advice of your health care provider or a physician before beginning the Wellina Program, or any other weight loss program as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your health care provider or physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program.
The Wellina Program will provide a suggested calorie range to promote a healthy weight and is designed for a safe rate of weight loss of 1 to 2 lbs. per week. Since weight loss varies with individuals, including starting weight and adherence to the Wellina Program, we do not guarantee weight loss results. It is important to note that medical studies indicated that people 20 percent or more above their recommended weight are at an increased risk of many illnesses or diseases. It is also important to be aware of certain risks that have been associated with weight loss and that possible side effects may occur. You should consult with your health care provider before starting and while on the Wellina Program to understand the possible side effects of weight loss. Please be sure to eat all the food that is recommended on the Wellina Program. Failure to follow the Wellina Program protocol and eat all the food recommended may increase the risk of developing serious health complications. For information that you can share with your health care provider or physician about the Wellina Program, please email Coachingsupport@trywellina.com
You represent to us that you are not using the Wellina Program or participating in any of the activities offered for the purpose of seeking medical attention. You further agree that, before using the Wellina Program you consult your health care provider or physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Wellina Program is inconsistent with the medical advice from your health care provider or physician, you should follow the advice of your health care provider or physician. You agree that Wellina and its affiliates, successors and assigns, employees, and agents (collectively the "Wellina Released Parties") shall not be liable for any damages arising from personal injuries (including death) sustained as a result of your participation in any Wellina Program or use of any Wellina products. By participating in a Wellina Program, you acknowledge and further agree that you and anyone claiming on your behalf releases and forever discharges any and all Wellina Released Parties from any damages arising from personal injuries (including death) sustained as a result of your participation in any Wellina Program or use of any Wellina products.
II. Auto-Delivery Program
Wellina offers a variety of auto-delivery programs. Each program may be separately shipped and billed.
Depending on where you live, your Wellina food order should arrive in approximately 1 to 10 business days from when you place your order. This timeframe includes your order processing time at our warehouse and the transit time with our shipping partner(s).
Monthly Payment Option:
4-week auto-delivery program, you are automatically charged and shipped your Wellina plan once every 4 weeks unless you cancel. By providing your payment card information, you are authorizing the continuation of your Wellina auto-delivery program(s) automatically at the end of the 4-week period and consenting to our charging the payment method provided every 4 weeks, until you cancel. If you choose a monthly payment auto-delivery program, you will be charged $4.99 shipping with each shipment. Additional charges will be incurred for shipments to Alaska, Hawaii, Puerto Rico, Canada and other US territories and possessions for all orders. Please note: Deletion of information in My Account does not stop the auto-delivery order from processing. The customer must call or email to cancel their auto-delivery program.
Monthly Payment Option Cancellation: Auto-delivery orders must be cancelled by 6pm EST the day before the order begins processing. For any orders, customers are eligible for a refund of any unopened food that is returned (less Shipping). All eligible requests for refunds and returns must be made within 30 days of receipt of your package. Refer to our Return Authorization section.
Pay Upfront Options:
4-week auto-delivery programs, you are pre-paying for multiple months upfront and receiving a special discount off your current and future auto-delivery orders plus free shipping within the Continental U.S. Additional charges will be incurred for shipments to Alaska, Hawaii, Puerto Rico, Canada and other US territories and possessions for all orders. You will automatically be shipped your Wellina plan once every 4 weeks unless you cancel. Note, once your prepaid orders have all shipped, your next non-prepaid order will automatically be charged and shipped with the special discount given at the time of sign-up. By providing your payment card information, you are consenting to our charging the payment method provided and shipping a new plan order every 4 weeks once your prepaid orders have been fulfilled until you cancel. Please note: Deletion of information in My Account does not stop the auto-delivery order from processing. The customer must call or email to cancel their auto-delivery program.
Pay Upfront Option Cancellation: Your Pay Upfront Auto-delivery program can be cancelled any time after all of your pre-paid orders have been shipped. Future orders after pre-paid months must be cancelled by 6pm EST the day before the order begins processing. For any orders following the pre-paid period, a 30-day return policy applies, and customers are eligible for a refund of any unopened food that is returned (less Shipping). Wellina pre-paid months are non-refundable.
You may cancel your auto-delivery program at any time by calling 1.877.418.2639 or emailing email@example.com You must cancel before 6:00 p.m. ET the day before your order is scheduled to be processed, otherwise we will be unable to make changes to that order.
For the Monthly Payment Option, if within thirty days of receipt of your order for any reason you wish to return any unopened Wellina food item, Wellina will give you a refund (less return shipping and less a $30 cancellation fee), no questions asked.
For the Pay Upfront option, pre-paid orders are non-refundable. If within thirty days of receipt of any program order after any pre-paid months, there is any reason you wish to return any unopened Wellina food item, Wellina will give you a refund, less shipping.
Return Authorization Number (RMA#).
Please call Customer Service at 1.877.418-2639 or email firstname.lastname@example.org to obtain a Return Authorization Number (RMA#). All eligible requests for refunds and returns must be made within 30 days of receipt of your package. Your package must be postmarked within 48-72 hours after the RMA # has been issued to you.
Please Note: Any packages that are returned to our warehouses without an RMA#, including any orders which were not cancelled prior to order processing, and/or refused at the time of delivery, that are received by our warehouses will be discarded without a refund and will not be re-shipped to a customer.
Returning your package on your own?
Once you receive your RMA#, put this number on the package. Indicate the reason for your return, include the packing slip that came with your order, and wrap the package securely. If you do not have your packing slip, please indicate the order number on a separate piece of paper, enclose in the package and send the package to the following address:
OHL/Wellina Returns Dept. - (Your RMA#)1490 Nitterhouse Drive Chambersburg, PA 17201
To ensure proper credit to your account, Wellina recommends that you use UPS, Federal Express or Insured Parcel Post for shipment. Please save your shipping receipt and your tracking information until your return is processed. If you have any further questions, please feel free to call Customer Service at 1.877.418.2639 or email email@example.com.
Credits are issued within 14 business days after your return is processed in the Wellina warehouse but may not appear on your statement for 1-2 billing cycles. Refunds issued by paper check can take up to 4 weeks to be processed. Shipping costs (if applicable ) are not refundable unless it is a result of our error. Credits are issued back to the original method of payment for the returned product. Please note that Wellina is not responsible for any bank or credit card fees that you may incur.
III. Auto Delivery Delay Policy
When you sign up for Auto Delivery, you are expected to take at least one order every 12 months in order to keep your promotion. Failure to do so may result in the cancellation of your Auto Delivery and the loss of your promotion.
IV. Gift Cards
Nutrisystem and/or its applicable subsidiary and/or its applicable affiliates sells gift cards for the purchase of Wellina products only at select retailers or by calling C-amp-aig-n Ph.
To redeem Gift Cards online, enter card number and PIN (on back of card or in email) during checkout. To redeem by telephone, please provide the Wellina representative the Gift Card number and PIN. You may get your balance on your Gift Card by calling C-amp-aig-n Ph seven days a week. Please note that the balance is an estimate, as there are times when the balance of your Gift Card is delayed. For the most accurate, please review your transaction history under your Wellina account.
Gift Cards may not be used to purchase another Gift Card or toward previously purchased merchandise. Gift Cards are for personal use only and are not for resale, or purchase of goods for resale; Gift Cards cannot be refunded or exchanged, or redeemed for cash, except as required by law. If you decide to return merchandise that you purchased using your Nutrisystem Gift Card, the refunded amount will be sent through a paper check and will be equal to the purchase price of the gift card, less any amount that has been used. Gift Cards are non-reloadable. Gift Cards carry no expiration date (subject to applicable law). There are no fees charged for any reason.
If your Gift Card is lost, stolen or destroyed, please contact customer service at 1-877-418-2639 or email firstname.lastname@example.org and provide your Gift Card number, and a new card will be issued with the remaining balance. Lost or stolen Gift Cards cannot be replaced without the original receipt. Replacement Gift Cards will be the value of the card at the time Wellina receives your report of loss, theft, or unauthorized use. Wellina is not liable to you for the use of your Gift Card by a third party on your Wellina account. Please be sure to maintain the privacy of your Wellina password, as you are responsible for any activity on your account.
Nutrisystem Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising or other promotional activities unless you obtain Nutrisystem's prior written approval.
If your order total is less than the amount on your Gift Card, the remaining amount will be available on your card for future purchases. If your order total is more than the amount on your Gift Card, you will need to pay for the balance with additional Gift Cards or another payment method. If you are placing an auto-delivery order and the amount on the Gift Card is more than the order total, you will still be required to provide additional payment information that will be needed for your subsequent auto-delivery order(s).
Purchase of a Gift Card constitutes acceptance of these Terms and Conditions.
V. Telephone Calls and Call Recording
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Wellina can reach you with informational calls related to your transactions. These calls may be pre-recorded and auto dialed and are related to the shipment and delivery of your food, and payment reminders for your orders.
You may also opt-in to receive special offers from Wellina If you do so, our trained Wellina representatives may call you using an automated dialing system.
Under Wellina's Do Not Call Policy, Wellina maintains an internal Do Not Call List that you can request to be placed onto so as not to receive marketing or sales calls. If you would like to be on Wellina's Internal Do Not Call list for marketing and sales calls, please contact us at 1.877.418.2639 or email@example.com Wellina shall continue to contact you for any order-related or transactional matters.
All calls to and from Wellina may be monitored or recorded for quality and training purposes.
VI. Your Responsibility to Protect Your Account
Wellina reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Wellina will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Wellina may restrict access to some parts of the Site, or the entire Site.
When you create an account, you will be asked to establish a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Wellina, its subsidiaries, and its affiliates for losses incurred by Wellina or another party due to someone else using your account or password. Wellina has the right to disable any username, password, or other identifier, whether chosen by you or provided by Wellina, at any time, in its sole discretion for any or no reason.
Content Posted By You
Content posted by you includes, but is not limited to, posting on Wellina's social media pages contain various pages where you and others may post content ("Social Sites"). You may only post content to the Social Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Social Sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these Social Sites and grant the license rights and waivers granted to us under this Agreement and (b) the content does not and will not infringe any copyright, right of publicity or any other third-party right nor violate any applicable law or regulation.
Without limiting the foregoing license, you hereby irrevocably waive any and all rights of privacy or publicity, or other rights of a similar nature in connection with the commercial exploitation of all and any portion of your content, consistent with the terms of this Agreement. To the extent included in your content, you hereby consent to the use of your name and any other names, trade names, fictitious names, trademarks and service marks, likenesses, performances, voices and identities (and/or that of any minor who you are responsible for) for any and all purposes in connection with our exercise of the license rights granted herein.
You should carefully choose the information you post on the Social Sites. Any content that you post to the Social Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Social Sites and the consequences of posting anything on these Social Sites.
Wellina, its affiliates, and its subsidiaries are not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Social Sites.
Content Posted By Others
Wellina is not responsible for, and does not endorse, content in any posting made by others on the Social Sites. You are solely responsible for your reliance on anything posted by others on the Social Sites. Under no circumstances will Wellina be held liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Social Sites. If you become aware of misuse of the Social Sites by any person, please contact Wellina at 1.877.418.2639, firstname.lastname@example.org or write to us at 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Wellina has the right to remove any user contributions from these Social Sites for any or no reason. Wellina reserves the right to take necessary legal action against users.
Activities Prohibited on the Sites
The following is a partial list of the types of conduct that are illegal or prohibited on the Site or Social Sites. Wellina reserves the right to investigate and take appropriate legal action against anyone who, in Wellina's sole discretion, engages in any of the prohibited activities on the Site or Social Sites. Prohibited activities include, but are not limited to, the following:
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Wellina in its sole discretion. Wellina takes no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer codes which is malicious or technologically harmful;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming;"
- Harassing, threatening, stalking, or abusing any person;
- Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or Social Sites, the server on which the Site or Social Sites are stored, or any server, computer or database connected to the Site or Social Sites; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site or Social Sites, or which, in the sole discretion of Wellina, exposes Wellina or any of its customers or suppliers to any liability or detriment of any type.
Monitoring and Enforcement; Termination
Wellina reserves the right, but is not obligated, to do any or all of the following:
- Record the dialogue or content posted on any pages of the Site or Social Sites
- Investigate an allegation that anything posted on the Site or Social Sites does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
- Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
- Terminate your access to the Site or Social Sites upon any breach of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you);
- Monitor, edit, or disclose any posting on the Site or Social Sites; and
- Edit or delete any communications posted on the Site or Social Sites, regardless of whether such communications violate these standards; or
- Wellina may disclose your information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, Wellina has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Wellina to disclose the identity or other information of anyone posting any materials on or through the Site or any Social Sites. YOU WAIVE, AND HOLD HARMLESS WELLINA, ITS AFFILIATES, AND ITS SUBSIDIARIES FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WELLINA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF WELLINA, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
Wellina does not undertake to review any materials before you have posted them on the Site or Social Sites and cannot ensure prompt removal of objectionable material after it has been posted. Wellina assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Wellina has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Wellina has the right to terminate your access to the Site or Social Sites for any reason, including, without limitation, if Wellina, in its sole discretion, considers your use to be unacceptable. Wellina may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Social Sites.
VII. Wellina Intellectual Property
The entire contents of the Site or Social Sites are copyrighted as a collective work under the laws of United States and other copyright laws. Wellina holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Social Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Social Sites.
The Site and its entire contents feature and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Wellina or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Wellina. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Wellina name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Wellina or its affiliates or licensors. You must not use such marks without the prior written permission of Wellina. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Wellina (as set forth below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the applicable law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to Wellina 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, ATTN: Legal Department. In an effort to protect the rights of copyright owners, Wellina maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
VIII. Changes to the Site
Wellina may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and Wellina is under no obligation to update such material.
Information About You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Wellina has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Wellina may disable all or any social media features and any links at any time without notice in our discretion.
The Social Sites and/or Site and the content are provided on an "as is" and "as available" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WELLINA, ITS LICENSORS, ITS AFFILIATES, AND ITS SUBSIDIARIES, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Wellina makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Social Sites and/or Site. Wellina cannot and does not warrant against human and machine errors, omissions, delays, interruptions, or losses, including loss of data. Wellina cannot and does not guarantee or warrant that files available for downloading from these Social Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Wellina cannot and does not guarantee or warrant that any content you post on the Social Sites will remain on the Social Sites. Wellina does not warrant or guarantee that the functions or services performed on the Social Sites and/or Site will be uninterrupted or error-free or that defects in the Social Sites and/or Site will be corrected.
The Social Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Wellina, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wellina, its affiliates, and its subsidiaries are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties
Limitation of Liability
WELLINA, ITS AFFILIATES, AND ITS SUBSIDIARIES' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH WELLINAIS TO DISCONTINUE YOUR USE OF THE SITE. WELLINA AND ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SOCIAL SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOCIAL SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WELLINA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WELLINA’S AND ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Wellina, its officers, directors, employees, agents, licensors, affiliates, subsidiaries, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Social Sites and/or Site, including, but not limited to, any content that you may post, any use of the Social Sites' and/or Site's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Social Sites and/or Site.
IX. Resolving Disputes - Arbitration
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1.877.418.2639 or emailing email@example.com. If Wellina's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Wellina has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA"). Unless you and Wellina agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879 Wellina agrees that it will pay a consumer's filing fee for the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR WELLINA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Waiver and Severability
No waiver by Wellina of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wellina to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules.
Wellina may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Wellina account. You may give notice to Wellina at any time via electronic mail to Privacy@TryWellina.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Wellina, Inc., 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department.
Updated: July 26, 2023