TERMS & CONDITIONS – UNCRAVERX GENERAL DISCLAIMER
Intellectual Property: The entire contents of the Site or Sites are copyrighted as a collective work under the laws of United States and other copyright laws. UnCraveRx™ 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 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 Sites. The Site 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 UnCraveRx™ 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 UnCraveRx™. 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 UnCraveRx™ name, logo and all related names, logos, product and service names, designs and slogans are trademarks of UnCraveRx™ or its affiliates or licensors. You must not use such marks without the prior written permission of UnCraveRx™. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Changes to the Site: UnCraveRx™ 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 UnCraveRx™ is under no obligation to update such material.
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. UnCraveRx™ 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. UnCraveRx™ may disable all or any social media features and any links at any time without notice in our discretion.
Legal Disclaimers. The Sites and/or Site and the content are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, UNCRAVERX™, 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. UnCraveRx™ makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. UnCraveRx™ cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. UnCraveRx™ cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. UnCraveRx™ cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. UnCraveRx™ does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected. The 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 UnCraveRx™, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of UnCraveRx™. UnCraveRx™ 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. UNCRAVERX™ ’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH UNCRAVERX™ IS TO DISCONTINUE YOUR USE OF THE SITE. UNCRAVERX™ 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 SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE 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 UNCRAVERX™ 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, UNCRAVERX™ ’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify, defend, and hold UnCraveRx™, 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 Site, including, but not limited to, any content that you may post, any use of the 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 Sites and/or Site.
Waiver and Severability. No waiver by UnCraveRx™ 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 UnCraveRx™ 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 State of California, without regard to its conflict of laws rules.
Updated: March 8, 2019
- Information You Voluntarily Provide
Contact Information. When you interact with our Site, for example, placing an order, creating an account and/or profile, or purchasing a subscription on our Site, we may collect your name, email address, mailing address, contact numbers, age, height, weight, credit card number, and expiration date. The personally identifiable information we collect when you place an order, create an account and/or profile or purchase a subscription on our Site may be used for the purposes outlined in this policy, including:
to fulfill your requests for products and services;
to notify you of order, delivery, and shipment statuses;
to provide you with offers from UnCraveRx™;
enhance your experience with us; and
to contact you when necessary.
Credit Card and Payment Information. UnCraveRx™ does not share any of your payment information with third parties (except to its payment processors).
- Information Collected Automatically. We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Site. This information may be used for our business purposes. We may link this information to personally identifiable information for these and other purposes, including personalizing your experience on our Site. Information is also collected when you use our app Handheld Products, including the software application needed to utilize the Handheld Products on your handheld device (the “Application”). During the installation of the Application and subsequent synchronizations, we collect non-personally Identifiable Information concerning your device (such as the specific type of operating system and hardware you have, and the amount of free and total memory) and the Application’s files on your device. Our Handheld Products also collect information about your usage of the Application (such as the dates you last synced with the Internet or the dates you last used certain features). When you sync your device with the Website, we store some of this information.
Cookies. When you use our Site, we gather web traffic information via “cookies”. Cookies are small pieces of digital information stored by your browser on your computer and tracks initial and returning visits, browsing patterns on our site, and products ordered and viewed. Our cookies do not contain personally identifying information, but they enable us to identify you as a repeat visitor and help us personalize your nutrisystem.com experience. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. You need to have cookies enabled on your computer in order to use our site. If you do not accept cookies to use our Website, you may not be able to use certain resources or features of our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies, and they are not placed on your computer.
Web Beacons, Pixel Tags, and 3rd Party Cookies. UnCraveRx™, or third parties engaged by us, may use web beacons on some pages of this site. A web beacon (also known as a pixel tag or clear GIF) is a graphic image which is used to better understand the browsing patterns of visitors to the page. When the HTML code for the web beacon points to a site to retrieve the pixel image, information can be passed along such as the IP address of the computer that requested the image, the time the web beacon was viewed and for how long, the type of browser that was used, and previously set cookie values. Web beacons DO NOT pass or read personally identifiable information about you. Web beacons work in conjunction with cookies set by trusted third parties that are used to assess the effectiveness of particular promotional campaigns or to optimize advertising once a user leaves a website. View your browser’s help section to determine how to configure your browser to reject or manage first-party (i.e., UnCraveRx™) and/or third-party cookies. UnCraveRx™ shares aggregated information collected through web beacons to vendors for which the beacon was set to determine the success of marketing campaigns, but does not disclose personally identifying information to these vendors.
III. What UnCraveRx™ Does With Your Information
How does UnCraveRx™ protect customer information? Protecting your information from unauthorized disclosure is important to us. We use the industry standard technology to protect the security of your information. We have taken certain physical, electronic, contractual and managerial steps designed to safeguard the information we collect from you. Unfortunately, no data transaction over the Internet can be guaranteed to be 100% secure.
Will UnCraveRx™ disclose the information it collects to outside parties? UnCraveRx™ shares your information (other than payment information) with third-party vendors for shipping and billing purposes and with other third-parties that provide a service for UnCraveRx™ to help us operate our business and the Site and administer activities on our behalf. UnCraveRx™ may also provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors.
In addition, from time to time, we may make customer email addresses and postal addresses available to other businesses whose products or services might be of value to you. If you do not want us to share your information with other companies or organizations for their marketing purposes, please let us know by opting-out here. If you opt-out of promotional or newsletter emails from UnCraveRx™, we may continue to send you certain communications such as service announcements and administrative messages, relating to UnCraveRx™ that are necessary to our relationship with you.
In addition to what we have described above, UnCraveRx™ may also disclose your personal information to third-parties in certain limited circumstances, as follows
as necessary if we believe that there has been a violation of our site Terms and Conditions, of the law, of our rights or of any third party;
to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and
to share your account information with other members of your household.
Mobile Devices/Third-Party Fees. From time to time, we may make mobile device applications and mobile marketing campaigns available to you and may allow you to register for services that involve push notifications and/or emails being sent to your mobile device. You are responsible for obtaining access to the mobile device services. Such access may involve third-party fees, including mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the applications, delivery of the messages, emails or other materials to your mobile device. Please consult your mobile service provider’s pricing plan prior to purchasing or downloading any application or registering for any such service to determine the charges for sending and receiving push notifications or emails from/to your mobile device. You will be given the opportunity to opt-in to receive push notifications or emails to your mobile device at the time you register for the campaign and with each message or email you receive. To stop receiving push notifications or emails from UnCraveRx™, please change your communication settings in the UnCraveRx™ app or at UnCraveRx.com.
Our Bulletin Boards, Social Media Pages, Chat Rooms & User Blogs. As part of our Services, we may provide support through bulletin boards, chat rooms (support groups), social media pages, The Leaf and blogs (collectively, “Forums”). Forums give our customers the opportunity to interact with each other. Forums are moderated to help keep inappropriate messages from being posted. You are offered the opportunity to include your email address with your message, but you are not obligated to do so. Please keep in mind that whenever you voluntarily disclose personal information through or on these Forums your information can be viewed, collected and used by others. In short, if you post personal information in a Forum that is accessible to the public, you may receive unsolicited messages from other parties in return. We cannot control the actions of any third-parties. By posting any comments, pictures or other information (“Content”) in a Forum hosted by us, you grant us a non-exclusive, irrevocable, perpetual and worldwide right to copy and post both such Content within our Site, and those of our parent, affiliates, subsidiaries, assigns, agents and licensees and any social media outlets and advertising medium through which we are engaged or elsewhere on the UnCraveRx™ Site, without any further notice to you or any remuneration therefore.
Notice to California Customers —Your California Privacy Rights
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third-party businesses for the third-party businesses’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third-party businesses for the third-party businesses’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third party businesses for the third-party businesses’ direct marketing purposes, please opt-out here.
If you want to subscribe to our e-newsletter, we only require your email address. You may unsubscribe at any time by following the opt-out directions in the newsletter or by unsubscribing here.
If you opt-out of promotional or newsletter emails from UnCraveRx™, we may continue to send you certain transactional communications, such as service announcements and administrative messages relating to your account with us that are necessary to our relationship with you.