By registering or using the site, you agree to these Terms and Conditions and the Medifitny Privacy Policy. Each time you use the site, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may discontinue using the site. You cannot register or use the site until you have accepted these Terms and Conditions.

Medifitny, Inc. ("Medifitny") may change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the site.

Eligibility

By registering to use the 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.

IMPORTANT HEALTH INFORMATION

The site provides weight loss and holistic health products designed to help you lose weight and manage your health. Nothing contained on the site is intended to be instructional for medical diagnosis or treatment. People with certain conditions may not use a Medifitny® program; these include, but are not limited to people who: (a) are pregnant, (b) are under 18 years of age, (c) have anorexia or bulimia, (d) have chronic kidney disease, (e) are allergic to soy, peanuts, or latex (which is used in food processing), or (f) have a condition requiring a gluten-free or ketogenic diet. Medifitny is a portion-controlled, low-fat, reduced calorie comprehensive weight loss program. Changing your diet or losing weight may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet or weight while using Medifitny's products. Please consult your physician before beginning any Medifitny products, or any other weight loss 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 the food that is recommended on the Medifitny program. Failure to follow the program protocol and eat all of the food recommended may involve the risk of developing serious health complications.

Food Substitution Policy

Although Medifitny takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Medifitny is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.

In the completion of orders, Medifitny reserves the right to substitute a similar product. When making substitutions, Medifitny takes great care to meet the requirements of your particular Medifitny 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 Medifitny 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: Medifitny 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.

Auto-Delivery Program

With the Auto-Delivery program you get a discount and are automatically charged and shipped your 28-Day program once every 4 weeks unless you cancel.

You will be sent an e-mail reminder before your next scheduled order begins processing. You can change your delivery schedule and your food selections on any order. Please do so by 6:00pm EST the day before your order is scheduled to begin processing.

You can cancel Auto-Delivery at any time before 6:00 PM EST the day before your order is scheduled to be processed. If you cancel prior to paying for your second consecutive program delivery, your will be charged for the entire order. Certain orders/specials may be charged a $30 cancellation fee if you: (1) cancel before the alloted minimal orders and (2) refuse auto delivery orders.

Your Responsibility to Protect Your Account

When you sign up to use the site and create an account, you will be asked to create 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 Medifitny for losses incurred by Medifitny or another party due to someone else using your account or password as a result of your failure to use reasonable care to safeguard your account.

Content Posted By You

Content posted by you includes, but is not limited to, posting on Medifitny's bulletin boards, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members may post content. You may only post content to these 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 these 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.

By submitting or posting content to these sites, you grant Medifitny, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to these sites, Medifitny does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Medifitny owns all right, title, and interest in any compilation, collective work or other derivative work created by Medifitny using or incorporating content posted to these sites. For more information please review Medifitny's Privacy Policy.

You should carefully choose the information you post on these sites. 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.
Content Posted By Other Users

Medifitny is not responsible for, and does not endorse, content in any posting made by other users on the site. You are solely responsible for your reliance on anything posted by another member on the site. Under no circumstances shall Medifitny be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the site.

If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You should contact your doctor before following any diet or exercise advice posted by any member on the site.

Activities Prohibited on the Site

The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. Medifitny reserves the right to investigate and take appropriate legal action against anyone who, in Medifitny's sole discretion, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:

• Using the site 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 Medifitny in its sole discretion or pursuant to local community standards. Medifitny 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;
• 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; or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of Medifitny, exposes Medifitny or any of its customers or suppliers to any liability or detriment of any type.

Medifitny reserves the right-but is not obligated-to do any or all of the following:

• Record the content posted on any pages of the site;
• Investigate an allegation that anything posted on the site 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 a user's access to the site upon any breach of these Terms and Conditions;
• Monitor, edit, or disclose any posting on the site; and
• Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.

Medifitny Copyrights

The entire contents of the site are copyrighted as a collective work under the laws of United States and other copyright laws. Medifitny 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 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.

Warranties

The site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, Medifitny, 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. Medifitny makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the site. Medifitny cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Medifitny cannot and does not guarantee or warrant that files available for downloading from this site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Medifitny cannot and does not guarantee or warrant that any content you post on the site will remain on the site. Medifitny does not warrant or guarantee that the functions or services performed on the site will be uninterrupted or error-free or that defects in the site will be corrected.
Limitation of Liability

MEDIFITNY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MEDIFITNY IS TO DISCONTINUE YOUR USE OF THE SITE. MEDIFITNY AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE 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 IFMEDIFITNY 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, MEDIFITNY'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification

You agree to indemnify, defend, and hold Medifitny, 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.
Governing Law

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. You agree that any disputes that arise from these Terms and Conditions or from any products or services you receive from us will be resolved by arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will take place in Philadelphia, PA and will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action, even if AAA's rules provide otherwise.

If any provision of these Terms and Conditions is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.

Termination

Medifitny has the right to terminate your account and access to the site for any reason, including, without limitation, if Medifitny, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you). Medifitny may, but shall be under no obligation to, provide you a warning prior to termination of your use of the site.