Terms and Conditions of Use

1. Acceptance of Terms and Conditions. Your use of the "www.wwphl.com" web site (the "Web Site") is subject to these Terms and Conditions. By using this Web Site, you agree to be bound by these Terms and Conditions. Please bear in mind that Weight Watchers of Philadelphia, Inc. ("Franchisee") reserves the right to revise these Terms and Conditions at any time, and by using this Web Site, you agree to be bound by any such revisions when they become effective. Please review this page regularly.

2. Trademarks. Franchisee is a franchisee of Weight Watchers International, Inc. ("WWI"). WWI has licensed the use of its trademarks to Franchisee pursuant to the Franchise Agreement by and between the parties. WWI is the owner of a large number of trademarks, service marks, certification marks and trade names. You may use the marks contained on the Web Site for the sole purpose of identifying the services you wish to purchase or use. All other uses of the marks owned by WWI are strictly prohibited without the prior written approval of WWI.
   
   All other trademarks, service marks and trade names used on the Web Site are the property of their respective owners.

3. Copyright. WWI is the owner of the copyrights in and to certain materials used on the Web Site. Franchisee is the owner of all copyrights in and to all other content on the Web Site, including without limitation, all text, data, graphics, graphs, charts, photographs, videos, typefaces, music, sounds, HTML code, and interfaces as well as site design, selection and arrangement. All rights reserved.

4. Permitted Use of Content. You are granted permission to view or download a single copy of the material on the Web Site solely for your personal, noncommercial use. All other uses of the content are strictly prohibited without the prior written approval of Franchisee. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from the materials or content of this site. Permission to use the copyrightable material used on the Web Site will be granted on a case-by-case basis. Franchisee welcomes requests. Please direct your inquiries to info@wwphl.com. Content and features contained on the Web Site are subject to change or termination without notice in the editorial discretion of Franchisee.

5. Children's Privacy. We are committed to protecting the privacy of children. You should be aware that this Web Site is not intended or designed to attract children under the age of 13. In addition, we do not collect personally identifiable information from any person that we actually know is a child under the age of 13. We believe that minors should obtain the consent of their parents before posting personal information on our web site. If you are a parent and are concerned that your child may be posting information on our web site, we encourage you to use web-filtering technology in order to monitor your child's access to our site.

6. Accuracy of Information. Upon visiting the Web Site, Franchisee may request personal information from you. When providing your personal information, you agree to provide complete, current, and accurate information. Franchisee reserves the right to suspend or terminate your use of the Web Site if you provide, or if Franchisee has reasonable grounds to believe that you have provided, any personally identifiable information that is inaccurate, incorrect or incomplete. Franchisee will use and protect your personally identifiable information according to the Privacy and Information Security Policy.

7. User Name, Password and Security. At times when entering personally identifiable information on the Web Site, you will be asked to choose a user name and password. You will be held responsible for maintaining the confidentiality of your password and account information and notifying Franchisee immediately if any unauthorized use of your password, account information or any other breach of security occurs.

8. Membership Applications and Refund Policy. The membership fees posted on the Web Site are subject to change without notice. The receipt of an e-mail confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Franchisee reserves the right, without prior notification, to refuse membership to any customer. Franchisee may require verification of information prior to its acceptance of any membership application, including credit card information. If you decide to cancel your Weight Watchers meetings membership, we will provide you with a refund. Refunds will be prorated based upon the number of meetings attended, less any applicable administration fees. There is no administrative fee if you are denied membership at the meeting location, or if after joining, in the event of pregnancy, disability, death, relocation farther than 25 miles or outside the operating area from the Weight Watchers location you were attending, your achievement of Lifetime Membership, a request within 5 days of purchase, or where prohibited by law. No refunds are available after expiration of your commitment plan. If it becomes necessary that you must cancel your membership, you may do so by sending a message to info@wwphl.com;.

9. Privacy. At our Web Site, we make every effort to ensure that all transactions are safe. For more information on how we protect the security and quality of your personal information, please see our Privacy and Information Security Policy. Moreover, if you discover any fraudulent activity on your credit card, please contact your credit card company immediately.

10. External Sites. The Web Site may include links to other sites on the Internet that are owned or operated by third parties (the "External Sites"). Franchisee does not have any control over or responsibility for the content, terms of use, practices or policies of the External Sites. You should contact the site administrators and/or webmasters for the External Sites if you have any questions or concerns about these sites. In addition, Franchisee is not responsible for sites framed within the Web Site, or third-party advertisements contained on the Web Site, and Franchisee does not make any representations regarding their content or accuracy. Franchisee does not endorse any product advertised on the Web Site.

11. User Submissions. You agree that you will not upload or transmit any communications or content of any type that infringes upon or violates the rights of any party. In addition, you agree that your submission is non-confidential for all purposes. By submitting communications or content to any part of this Web Site, you automatically grant (or warrant that the owner of such content has expressly granted) to Franchisee a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or in any form, format, or forum now known or hereafter developed. Franchisee shall have the right to sublicense its rights.

12. Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of Franchisee, including, without limitation: (a) by accessing data not intended for such user or logging into a server or account which such user is not authorized to access; (b) by attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and (c) by attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mailbombing" or "crashing." Violations of system or network security may result in civil or criminal liability. Franchisee will vigorously pursue all potential violations of these security rules, and will cooperate with law enforcement in prosecuting users who are found to have violated these security rules.

13. Suspension; Termination. If it is determined that you have violated any element of these Terms and Conditions, Franchisee may issue a written warning and temporarily suspend your use of the Web Site pending receipt of written confirmation from you agreeing to refrain from any further violations; provided, however, that Franchisee shall have the right to immediately terminate your use of the Web Site without issuing any such warning if such action is deemed necessary, in the sole discretion of Franchisee. If it is determined that you have committed a second violation of any element of these Terms and Conditions, Franchisee shall have the right, in its sole discretion, to immediately suspend or terminate your use of the Web Site without further notice. Upon termination of your use of the Web Site, you agree to immediately destroy any copies made of any portion of the content contained thereon.

14. Disclaimer. THE MATERIALS ON THIS WEB SITE ARE PROVIDED TO YOU ON AN "AS IS" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRANCHISEE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED VERBAL OR WRITTEN REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEB SITE AND THE CONTENT (WHETHER OR NOT ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING).
    
    FOR EXAMPLE BUT WITHOUT LIMITATION, FRANCHISEE DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT: (I) THE CONTENT IS ERROR-FREE AND/OR FREE FROM ANY COMPUTER BUGS, VIRUSES OR DISENABLING CODES; AND/OR (II) THE CONTENT WORKS WITH ANY HARDWARE OR SOFTWARE CONFIGURATION.
    
    ALSO FOR EXAMPLE BUT WITHOUT LIMITATION, FRANCHISEE DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO: (I) THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE CONTENT; (II) OWNERSHIP OF OR TITLE TO THE CONTENT; (III) NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL RIGHTS IN AND TO THE CONTENT OR THE MARKS; (IV) THE MERCHANTABILITY OF THE CONTENT AND/OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE; AND (V) THE OPERABILTY OF THE HYPERLINKS. IN NO EVENT WILL FRANCHISEE BE LIABLE FOR ANY INTERNET OR TELECOMMUNICATIONS FAILURE, THIRD PARTY INTERFERENCE, COMPUTER VIRUS OR ANY OTHER THIRD PARTY SOFTWARE OR HARDWARE THAT MAY INTERRUPT OR DELAY ACCESS TO ANY INTERNET SITE OR CAUSE OTHER PROBLEMS OR LOSSES, AND FRANCHISEE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE WEB SITE.

15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRANCHISEE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING UNDER TORT, CONTRACT OR ANY OTHER THEORY OF RECOVERY) ARISING OUT OF YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION YOUR USE OF, OR RELIANCE ON, ANY CONTENT OR ANY INFORMATION POSTED ON THIS WEB SITE. THIS LIMITATION OF LIABILITY (IN WHOLE OR IN PART) MAY NOT APPLY TO YOU IN JURISDICTIONS THAT DO NOT ALLOW FOR SUCH LIMITATIONS OF LIABILITY.

16. Indemnity. You agree to defend, indemnify, and hold Franchisee, its officers, directors, employees, agents, licensors, suppliers, and franchisor harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, all reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

17. Foreign Jurisdictions. Franchisee makes no representation that the content contained on the Web Site is appropriate or may be downloaded outside of the United States. Access to the content may not be legal in certain countries and by certain people in those countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

18. Choice of Law; Arbitration. These Terms and Conditions shall be governed by the laws of the State of Pennsylvania, without regard for such state's principles regarding conflicts of laws. You agree that (i) all disputes arising hereunder will be submitted to binding arbitration before the American Arbitration Association; (ii) the arbitrators will have authority to award specific performance or injunctive relief and reasonable attorneys' fees and expenses; (iii) the arbitrators may not change, modify or alter any express condition, term or provision of these Terms and Conditions, and to that extent the scope of their authority is limited; and (iv) the arbitration award shall be final and binding and judgment thereon may be entered in any court having jurisdiction thereof. You further agree that any resort to litigation shall be restricted to the federal or state courts located within the County of Philadelphia in the state of Pennsylvania.
    
    If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, 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 of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

19. Complete Agreement. These Terms and Conditions constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersede any prior or contemporaneous agreements, whether oral or in writing. Your use of the Web Site is also subject to the Privacy and Information Security Policy.

Thank you for your cooperation. We hope you find this Web Site helpful and convenient to use! Questions or comments regarding this Web Site should be directed to the webmaster or via U.S. mail to Weight Watchers of Philadelphia., Inc. at: 245 New York Drive, Ft. Washington PA 19034