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 South Beach Diet® goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF SOUTH BEACH DIET GOODS AND SERVICES.
We may update these Terms and Conditions from time to time in 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 Property and/or placing an order. Each time you use the Property 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 Property.
By using our Property, 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 Property in accordance with these Terms and Conditions.
Important Health Information
People with certain conditions may not use the South Beach Diet® program; these include, but are not limited to people who: (a) are pregnant, (b) are allergic to soy, peanuts, or latex (which is used in food processing), (c) have anorexia or bulimia, (d) have chronic kidney disease, or (e) have a condition requiring a gluten-free or ketogenic diet. Men weighing in excess of 450 lbs and women weighing in excess of 400 lbs require doctor approval to be on the South Beach Diet program. For more information relating to other health conditions that may require physician approval, including adjusted meal plans, contact the Nutrition Support Team at firstname.lastname@example.org or 1-888-841-2620.
The South Beach Diet® program is a portion-controlled, reduced-calorie comprehensive weight loss program that is comprised of three phases, (i) ) Phase One provides a pre-selected array of foods and drinks specially designed for accelerated weight loss,(ii) Phase Two offers a customized selection of foods and drinks while a customer reaches their weight loss goal, and (iii) Phase Three is the maintenance phase, in which a customer continues to follow the principles of the South Beach Diet, eating a wide variety of foods in moderation.
Please consult your physician before beginning the South Beach Diet program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. Anyone on insulin or diabetic medications who go on a low-calorie diet may be at risk of hypoglycemia (low blood sugar) if medications are not adjusted.As a general guideline, we also recommend taking a multivitamin as a part of your South Beach Diet program for optimal health. You should also discuss your continued participation in the South Beach Diet program with your physician if there is any change in your medical condition. Download information that you can share with your physician about the South Beach Diet program.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the South Beach Diet program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications.
Food Substitution Policy
Although South Beach Diet takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. South Beach Diet is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, South Beach Diet reserves the right to substitute a similar product. When making substitutions, South Beach Diet takes great care to meet the requirements of your particular South Beach Diet program. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all South Beach Diet® food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: South Beach Diet food items may contain or may have been manufactured in a facility that also processes: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans.
II. Auto-Delivery Program
South Beach Diet is available to residents of the Continental U.S. only and is offered in a variety of auto-delivery and non-auto-delivery programs. Each program may be separately shipped and separately billed.
With all auto-delivery programs, you will receive a discount off the regular one-time rate and free shipping. With all auto-delivery programs, you are automatically charged and shipped your particular South Beach Diet plan once every 4 weeks unless you cancel. By providing your payment card information, you are authorizing the continuation of your South Beach Diet 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.
You may be sent an e-mail or may receive an auto-dialed pre-recorded telephone reminder (i) before your next scheduled order begins processing, and (ii) for shipping and billing information on your order.
You may switch your plan selection at any time. Pricing and promotions will be adjusted according to the new plan you select. You can change your delivery schedule and your product selections on any order. You may do so by 6:00 p.m. ET the day before your order is scheduled to begin processing; otherwise we will be unable to make any changes for that order. Your auto-delivery payment is held by your banking institution the day before your order is scheduled to begin processing, and is subsequently paid to South Beach Diet when your order is shipped.
You may cancel your auto-delivery program at any time before 6:00 p.m. ET the day before your order is scheduled to be processed by calling 1-888-841-2620. If you cancel prior to paying for your second consecutive order, you are authorizing us to charge the debit card or credit card we have on file for you a $125.00 chargeback fee, which is a portion of the discount you received on your first shipment, because you agreed to sign up for auto-delivery.
Customers may purchase any number of frozen food selections and add them to any auto-delivery program order and will receive free shipping on these additional frozen food selections above $150.00. Shipping charges in the amount of $20.00 shall apply on additional frozen food selections less than $150.00.
The South Beach Diet® plan, is available to Continental U.S. residents only, and cannot be shipped to P.O. Boxes, A.P.O. Boxes or military addresses, Alaska, Hawaii, Puerto Rico, Canada and other US territories and possessions.
Refund and Return Policy
Due to the perishable nature of our products, returns and refunds cannot be processed once an order is being processed in the warehouse or already shipped.
III. A La Carte and Maintenance Plans
SouthBeach Diet offers a variety of plans, including a la carte and maintenance, to its customers who are ready to take the next step in their weight loss journey.These comprehensive plans offer customers complete flexibility by allowing them to continue enjoying SouthBeach Diet® entrees and snacks as desired while learning to add their own healthy recipes to their daily menus. These plans offer a variety of options to customers who have reached their weight loss goals, or who may want to continue on the program but according to their lifestyle. These programs are available on an auto-delivery and non-auto-delivery basis. Please call our or visit our website for details on these programs.
Members will also receive unlimited access to counseling to ensure a seamless transition to a lifetime of healthy eating.
We reserve the right to modify, enhance, terminate or otherwise change particular plan benefits from time to time at our sole discretion.
IV. Gift Cards
SouthBeach Diet sells gift cards only at select retailers for the purchase of SouthBeach Diet products at SouthBeachDiet.com or by calling 1-888-986-6967.
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 SouthBeach Diet representative the Gift Card number and PIN. You may get your balance on your Gift Card by calling 1-800-986-6967 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 SouthBeachDiet.com 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, 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 SouthBeach Diet 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 1-888-986-6967 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 SouthBeach Diet receives your report of loss, theft or unauthorized use. SouthBeach Diet is not liable to you for the use of your Gift Card by a third party on your SouthBeachDiet.com account. Please be sure to maintain the privacy of your SouthBeach Diet password, as you are responsible for any activity on your account.
SouthBeach Diet 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 SouthBeach Diet'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 South Beach Diet can reach you with informational calls related to your transactions. These calls may be prerecorded and autodialed 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 Diet. If you do so, our trained South Beach Diet representatives may call you using an automated dialing system.
Under South Beach Diet's Do Not Call Policy, South Beach Diet 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 Diet's Internal Do Not Call list for marketing and sales calls, please contact us at 1-888-841-2620. South Beach Diet shall continue to contact you for any order-related or transactional matters.
All calls to and from South Beach Diet may be monitored or recorded for quality and training purposes.
VI. Your Responsibility to Protect Your Account
South Beach Diet reserves the right to withdraw or amend this Property, and any service or material we provide on the Property, in its sole discretion without notice. South Beach Diet will not be liable if for any reason all or any part of the Property is unavailable at any time or for any period. From time to time, South Beach Diet may restrict access to some parts of the Property, or the entire Property.
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 Diet for losses incurred by South Beach Diet or another party due to someone else using your account or password. South Beach Diet has the right to disable any user name, password or other identifier, whether chosen by you or provided by South Beach Diet, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Content Posted by You
Content posted by you includes, but is not limited to, posting on South Beach Diet’s social media pages and The Palm. These sites contain various pages where you and others may post content (“Sites”). You may only post content to the 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 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 Sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
You should carefully choose the information you post on the Sites. Any content that you post to the 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 Sites and the consequences of posting anything on these Sites.
South Beach Diet is 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 Sites.
Content Posted by Others
South Beach Diet is not responsible for, and does not endorse, content in any posting made by others on the Sites. You are solely responsible for your reliance on anything posted by others on the Sites. Under no circumstances will South Beach Diet 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 Sites. If you become aware of misuse of the Sites by any person, please contact South Beach Diet at 1-888-841-2620 or write to us at 600 Office Center Drive, 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 Diet has the right to remove any user contributions from these Sites for any or no reason. South Beach Diet 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 Sites. South Beach Diet reserves the right to investigate and take appropriate legal action against anyone who, in South Beach Diet’s sole discretion, engages in any of the prohibited activities on the Sites. Prohibited activities include, but are not limited to, the following:
Using the Sites for any purpose in violation of local, state, national, or international laws;
- 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 South Beach Diet in its sole discretion. South Beach Diet 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 code which is malicious or technologically harmful;
- Harvesting or otherwise collecting information about others, including e-mail 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 Sites or Site, the server on which the Sites or Site is stored, or any server, computer or database connected to the Sites or Site; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Sites or Site, or which, in the sole discretion of South Beach Diet, exposes South Beach Diet or any of its customers or suppliers to any liability or detriment of any type.
Monitoring and Enforcement; Termination
South Beach Diet 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 Sites;
- Investigate an allegation that anything posted on the 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 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 Sites; and
- Edit or delete any communications posted on the Sites, regardless of whether such communications violate these standards; or
- South Beach Diet 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, South Beach Diet has the right to fully cooperate with any law enforcement authorities or court order requesting or directing South Beach Diet to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites. YOU WAIVE, AND HOLD HARMLESS SOUTH BEACH DIET FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SOUTH BEACH DIET DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF SOUTH BEACH DIET, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
South Beach Diet does not undertake to review any materials before you have posted them on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. South Beach Diet assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. South Beach Diet has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
South Beach Diet has the right to terminate your access to the Property or Sites for any reason, including, without limitation, if South Beach Diet, in its sole discretion, considers your use to be unacceptable. South Beach Diet may, but shall not be under no obligation to, provide you a warning prior to termination of your use of the Property or Sites.
VII. South Beach Diet Intellectual Property
The entire contents of the Property or Sites are copyrighted as a collective work under the laws of United States and other copyright laws. South Beach Diet 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 Property or 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 Property or Sites.
The Site and/or Property and its entire contents, features 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 Diet 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 and/or Property 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 and/or Property.
You must not (i) modify copies of any materials from the Site and/or Property; (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 and/or Property. You must not access or use for any commercial purposes any part of the Site and/or Property or any services or materials available through the Site and/or Property.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site and/or Property in breach of the Terms and Conditions, your right to use the Site and/or Property 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 and/or Property or any content on the Site and/or Property is transferred to you, and all rights not expressly granted are reserved by South Beach Diet. Any use of the Site and/or Property 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 South Beach Diet name, logo and all related names, logos, product and service names, designs and slogans are trademarks of South Beach Diet or its affiliates or licensors. You must not use such marks without the prior written permission of South Beach Diet. All other names, logos, product and service names, designs and slogans on the Property are the trademarks of their respective owners.
If you believe any materials accessible on or from the Property infringe your copyright, you may request removal of those materials (or access thereto) from this Property by contacting South Beach Diet (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 e-mail 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 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 SBD Enterprises, LLC, 600 Office Center Drive, Fort Washington, PA 19034, ATTN: Legal Department. In an effort to protect the rights of copyright owners, South Beach Diet 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 Property
South Beach Diet may update the content on the Property from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Property may be out of date at any given time, and South Beach Diet is under no obligation to update such material.
Information About You and Your Visits to the Property
Online Purchases and Other Terms and Conditions
All purchases through the Property or other transactions for the sale of goods or services or information formed through the Property 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 Property. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Property
If the Property 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 Diet 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 the Property, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
South Beach Diet may disable all or any social media features and any links at any time without notice in our discretion.
IX. Legal Disclaimers
The Sites and/or Property and the content are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUTH BEACH DIET, ITS LICENSORS, 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 Diet makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Property. South Beach Diet cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. South Beach Diet cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Property will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. South Beach Diet cannot and does not guarantee or warrant that any content you post on the Sites and/or Property will remain on the Sites and/or Property. South Beach Diet does not warrant or guarantee that the functions or services performed on the Sites and/or Property will be uninterrupted or error-free or that defects in the Sites and/or Property will be corrected.
The Sites and/or Property 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 Diet, 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 Diet. South Beach Diet is 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 DIET’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SOUTH BEACH DIET IS TO DISCONTINUE YOUR USE OF THE PROPERTY. SOUTH BEACH DIET AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR PROPERTY OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR PROPERTY. 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 DIET 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 DIET’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold South Beach Diet, its officers, directors, employees, agents, licensors, 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 Sites and/or Property, including, but not limited to, any content that you may post, any use of the Sites’ and/or Property’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Property.
X. Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 1-888-841-2620. If South Beach Diet’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if South Beach Diet 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 Diet 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. South Beach Diet 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 DIET 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 Diet 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 Diet 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.
South Beach Diet 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 Diet account. You may give notice to South Beach Diet at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: SBD Enterprises, LLC., 600 Office Center Drive, Fort Washington, PA 19034, Attn: Legal Department.
Effective: March 8, 2019