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 South Beach Living goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF South Beach Living GOODS AND SERVICES.
Welcome to South Beach Living® , ("South Beach Living", "us" or "we"). By using our website ("Site") or placing an order, you accept and agree to be bound by these Terms and Conditions ("Terms and Conditions") and our Privacy Policy . Use of the Site is only available to users who have reached the age of majority where you live and reside in the United States, or its possessions and territories. South Beach Living makes no claims that the Site or any of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
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 South Beach Living Program is intended only for consumers who have reached the age of majority. By purchasing South Beach Living products or enrolling in a South Beach Living Program, you represent that you have reached the age of majority where you live.
Important Health Information for South Beach Living® Program
The South Beach Living 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 South Beach Living 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 South Beach Living program because adjustments to the meal plan cannot be made to accommodate these allergies.
Please consult your health care provider before enrolling in a South Beach Living Program or purchasing South Beach Living 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. South Beach Living 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 South Beach Living 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. South Beach Living 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 South Beach Living Program to your health care provider. Any modifications made to the South Beach Living Plan by your health care provider should be followed.
Health Disclaimer
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 South Beach Living 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 South Beach Living 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 South Beach Living 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 South Beach Living 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 South Beach Living 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 South Beach Living Program to understand the possible side effects of weight loss. Please be sure to eat all the food that is recommended on the South Beach Living Program. Failure to follow the South Beach Living 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 South Beach Living Program, please email customersupport@southbeachdiet.coma>.
You represent to us that you are not using the South Beach Living Program or participating in any of the activities offered for the purpose of seeking medical attention. You further agree that, before using the South Beach Living 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 South Beach Living 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 South Beach Living and its affiliates, successors and assigns, employees, and agents (collectively the "South Beach Living Released Parties") shall not be liable for any damages arising from personal injuries (including death) sustained as a result of your participation in any South Beach Living Program or use of any South Beach Living products. By participating in a South Beach Living Program, you acknowledge and further agree that you and anyone claiming on your behalf releases and forever discharges any and all South Beach Living Released Parties from any damages arising from personal injuries (including death) sustained as a result of your participation in any South Beach Living Program or use of any South Beach Living products.
South Beach Living offers a membership plan with a variety of membership tiers to customers who are ready to take the first step in their weight loss journey. South Beach Living’s comprehensive membership plan offers customers complete flexibility by allowing them to enjoy food and wellness products as desired while learning to add their own healthy recipes to their daily menus . Food and wellness products are available on an auto-delivery and non-auto-delivery basis. Please call us at 800-536-6922 or visit our website for details on these programs.
We reserve the right to modify, enhance, terminate or otherwise change your Nutrisystem plan benefits from time to time at our sole discretion.
To support you in your weight loss journey, South Beach Living offers the option of ordering food for automatic delivery (auto-delivery) at regular intervals.
Delivery Timeframe:
Depending on where you live, your South Beach Living 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 Delivery Option :
4-week auto-delivery program, you are automatically charged and shipped your South Beach Living food once every 4 weeks unless you cancel. By providing your payment card information, you are authorizing the continuation of your South Beach Living auto-delivery 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 $20 flat rate 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 option.
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.
Cancellation:
You may cancel your auto-delivery program at any time by calling 800-536-6922 I or emailing customersupport@southbeachdiet.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.
Return Policy
For the Monthly Delivery Option, if within thirty days of receipt of your order for any reason you wish to return any unopened South Beach Living food item, South Beach Living will give you a refund (less return shipping and less a $30 cancellation fee), no questions asked.
Return Authorization Number (RMA#).
Please call Customer Service at 800-536-6922 or email customersupport@southbeachdiet.com 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.
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/South Beach Living Returns Dept. - (Your RMA#) 1490 Nitterhouse Drive Chambersburg, PA 17201
To ensure proper credit to your account, South Beach Living 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 800-536-6922 or email customersupport@southbeachdiet.com.
Credits are issued within 14 business days after your return is processed in the South Beach Living 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 South Beach Living is not responsible for any bank or credit card fees that you may incur.
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.
Nutrisystem and/or its applicable subsidiary and/or its applicable affiliates sells gift cards for the purchase of South Beach Living products only at select retailers or by calling 800-536-6922
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 South Beach Living representative the Gift Card number and PIN. You may get your balance on your Gift Card by calling 800-536-6922 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 South Beach Living 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 800-536-6922 or email customersupport@southbeachdiet.com 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 South Beach Living receives your report of loss, theft, or unauthorized use. South Beach Living is not liable to you for the use of your Gift Card by a third party on your South Beach Living account. Please be sure to maintain the privacy of your South Beach Living 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.
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 South Beach Living 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 South Beach Living If you do so, our trained South Beach Living representatives may call you using an automated dialing system.
Under South Beach Living's Do Not Call Policy, South Beach Living 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 South Beach Living's Internal Do Not Call list for marketing and sales calls, please contact us at 800-536-6922 or customersupport@southbeachdiet.com. South Beach Living shall continue to contact you for any order-related or transactional matters.
All calls to and from South Beach Living may be monitored or recorded for quality and training purposes.
South Beach Living 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. South Beach Living 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, South Beach Living 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 South Beach Living, its subsidiaries, and its affiliates for losses incurred by South Beach Living or another party due to someone else using your account or password. South Beach Living has the right to disable any username, password, or other identifier, whether chosen by you or provided by South Beach Living, at any time, in its sole discretion for any or no reason.
Personal Information
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection, use and sharing practices.
Content Posted By You
Content posted by you includes, but is not limited to, posting on South Beach Living'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.
By submitting or posting content to the Social Sites, you grant South Beach Living, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide royalty-free right to reproduce, display, perform, distribute, modify, create derivative works of, adapt, and promote any posted content in any medium. Once you submit or post content to the Social Sites, South Beach Living will not give you, and you irrevocably waive, any right to inspect or approve uses of such content or to compensate you for any such uses. South Beach Living owns all right, title, and interest in any compilation, collective work, or other derivative work, whether or not created by South Beach Living, using, or incorporating content posted to the Social Sites. For more information, please review South Beach Living's Privacy Policy.
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.
South Beach Living, 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
South Beach Living 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 South Beach Living 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 South Beach Living at 800-536-6922, customersupport@southbeachdiet.com 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. South Beach Living has the right to remove any user contributions from these Social Sites for any or no reason. South Beach Living 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. South Beach Living reserves the right to investigate and take appropriate legal action against anyone who, in South Beach Living'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:
Monitoring and Enforcement; Termination
South Beach Living reserves the right, but is not obligated, to do any or all of the following:
Without limiting the foregoing, South Beach Living has the right to fully cooperate with any law enforcement authorities or court order requesting or directing South Beach Living 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 SOUTH BEACH LIVING, ITS AFFILIATES, AND ITS SUBSIDIARIES FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SOUTH BEACH LIVING DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF SOUTH BEACH LIVING, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
South Beach Living 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. South Beach Living assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. South Beach Living has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
South Beach Living has the right to terminate your access to the Site or Social Sites for any reason, including, without limitation, if South Beach Living, in its sole discretion, considers your use to be unacceptable. South Beach Living 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.
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. South Beach Living 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 South Beach Living 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 South Beach Living. 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.
Trademarks
The South Beach Living name, logo and all related names, logos, product and service names, designs and slogans are trademarks of South Beach Living or its affiliates or licensors. You must not use such marks without the prior written permission of South Beach Living. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Copyright Protection
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 South Beach Living (as set forth below) and providing the following information:
Send this information by mail to South Beach Living 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, ATTN: Legal Department. In an effort to protect the rights of copyright owners, South Beach Living maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
South Beach Living 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 South Beach Living is under no obligation to update such material.
Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by South Beach Living with respect to your information in compliance with the Privacy Policy.
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. South Beach Living 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.
South Beach Living may disable all or any social media features and any links at any time without notice in our discretion.
Warranties
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, SOUTH BEACH LIVING, 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. South Beach Living makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Social Sites and/or Site. South Beach Living cannot and does not warrant against human and machine errors, omissions, delays, interruptions, or losses, including loss of data. South Beach Living 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. South Beach Living cannot and does not guarantee or warrant that any content you post on the Social Sites will remain on the Social Sites. South Beach Living 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 South Beach Living, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of South Beach Living, 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
SOUTH BEACH LIVING, ITS AFFILIATES, AND ITS SUBSIDIARIES' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SOUTH BEACH LIVINGIS TO DISCONTINUE YOUR USE OF THE SITE. SOUTH BEACH LIVING 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 SOUTH BEACH LIVING 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, SOUTH BEACH LIVING’S AND ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold South Beach Living, 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.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 800-536-6922 or emailing customersupport@southbeachdiet.com . If South Beach Living's customer service department is unable to resolve a complaint you may have to your satisfaction (or if South Beach Living 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 South Beach Living 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 or by calling the AAA at 1-800-778-7879. South Beach Living 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 SOUTH BEACH LIVING 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 South Beach Living 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 South Beach Living 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.
Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and South Beach Living with respect to the Social Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Social Sites and/or Site.
Notice
South Beach Living 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 South Beach Living account. You may give notice to South Beach Living at any time via electronic mail to customersupport@southbeachdiet.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: South Beach Living, 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department.
Updated: March 27, 2024