OPTAVIA Membership Terms & Conditions

ABOUT THESE TERMS AND CONDITIONS.

The following terms and conditions apply to OPTAVIA Membership. OPTAVIA Membership is a program which Clients of OPTAVIA (hereinafter “You”, “Your” or “Client”) of OPTAVIA LLC (hereinafter, “OPTAVIA”) can enroll in to become eligible for products discounts and free shipping. To take advantage of exclusive OPTAVIA Membership offer, You must agree to the following terms and conditions.

By Your enrollment in OPTAVIA Membership, You are also agreeing to certain DISPUTE RESOLUTION procedures, which are detailed at the end of these terms and conditions. If You do not agree to these DISPUTE RESOLUTION procedures, You may not enroll in or receive the benefits of OPTAVIA Membership.

ENROLLMENT.

You must have a U.S. shipping and billing address to enroll in OPTAVIA Membership. To enroll in OPTAVIA Membership, You must select this option by clicking on the designated check box in the checkout stage of Your order. By enrolling in the OPTAVIA Membership, You acknowledge that You will be automatically charged $39.95 each month for Your membership, which will be billed to Your default payment method. OPTAVIA will activate Your OPTAVIA Membership account when You submit Your first OPTAVIA Membership order. A new Client should create an online account during checkout; an existing Client should log in using his/her current username and password during checkout. You may also enroll in OPTAVIA Membership by contacting the Client Support Team at 1.888.OPTAVIA.

BENEFITS.

Your Membership includes:

1. 20% off all consumable orders over $100;
2. Free shipping on any consumable orders over $100*;
3. All the benefits of OPTAVIA’s lifestyle program – from Your dedicated Coach and the broader community to habit creation support, recipes and more.

*Exception: Orders will be subject to flat rate shipping fee at $25 to the following areas: Alaska, American Samoa, Federated States of Micronesia, Hawaii, Guam, Marshall Islands, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.

CANCELATIONS.

You may cancel Your OPTAVIA Membership at any time up to the day before Your monthly billing date via the “My Account” page. After canceling, You will continue to receive membership benefits through the end of the current billing cycle, and You will not receive any refunds for Your cancellation. OPTAVIA reserves the right to modify these terms and conditions at any time with notice to You, if You no longer agree to be bound by these terms and conditions, Your sole remedy is to cancel Your OPTAVIA Membership.

RE-ENTRY.

If You wish to re-enroll in OPTAVIA Membership after cancelation, You may do so and can re-enter the membership at any time.

FAILED PAYMENTS.

If Your credit card payment is declined when OPTAVIA charges Your account You will be notified of the problem via email. To verify and/or change Your credit card account information and resubmit Your OPTAVIA Membership order, log in to Your online account, and under “My Account” select the option, “Payment Methods”. It is Your responsibility to ensure that Your credit card account information is valid. To process Your OPTAVIA Membership order, OPTAVIA requires complete and accurate information, including but not limited to: credit card expiration date, shipping address, and credit card billing address. To update this information, log in to Your online account and select the appropriate option under “My Account”. As an alternative, You may contact the Client Support Team at 1-888-OPTAVIA. OPTAVIA will not be responsible for delays in Your Membership benefits due to non-payment or failure to update Your shipping or credit card information with us.

PROGRAM RESTRICTIONS AND LIMITATIONS.

OPTAVIA Membership is available to all OPTAVIA Clients within the U.S. who are at least 18 years old and have a valid major credit card account (Visa, MasterCard, Discover, American Express or debit card bearing one of these logos). OPTAVIA Membership accounts are limited to one (1) account per Client; multiple accounts created by Clients will be terminated by the Company. All orders are subject to approval. OPTAVIA is not responsible for errors on the website or any website failure.

DISCLOSURE OF YOUR INFORMATION.

All Client information is private and only used to process OPTAVIA Membership order. OPTAVIA does not share Your private information with third parties except as described in our Privacy Policy. Please read our Privacy Policy for further information. Your independent OPTAVIA Coach will be notified that You are a Client of OPTAVIA Membership for the purposes of coaching and support. Your personal payment information will not be available to them.

DISPUTE RESOLUTION.

Please read the following provisions carefully to ensure that You understand each provision. These terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

GOVERNING LAW, ARBITRATION, AND CLASS ACTION /JURY TRIAL WAIVER.

GOVERNING LAW: By enrolling in OPTAVIA Membership, You agree that the service is governed by the laws of the State of Maryland.

ARBITRATION.

Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which You can seek relief from OPTAVIA. For any dispute with OPTAVIA You agree to first contact us via email at Dispute@OPTAVIA.com and attempt to resolve the dispute with us informally. For any dispute OPTAVIA has with You, OPTAVIA agrees to first contact You via email to attempt to resolve it informally. In the unlikely event that You and OPTAVIA have not been able to resolve a dispute it has with You after sixty (60) days, You and OPTAVIA agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to OPTAVIA Membership, including these terms and conditions, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) , under its Consumer Arbitration Rules then in effect. In the event AAA is unable to conduct the arbitration, ADR Services, Inc. or an agreed upon arbitrator shall conduct the arbitration. You and OPTAVIA agree that disputes arising out of or relating to the validity, application, scope, enforceability, or interpretation of the agreement to arbitrate shall also be decided by the arbitrator. Nothing in this Section however shall be deemed to prevent OPTAVIA from seeking injunctive or other equitable relief from any court of competent jurisdiction as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

OPTAVIA will pay Your reasonable fees for initiating and proceeding with any arbitration subject to this agreement, except for the first $200.00 of such fees for which You will be responsible. Notwithstanding the forgoing, in the event that Your individual monetary recovery in the arbitration is less than the final amount offered by OPTAVIA to resolve the dispute through the email dispute-resolution process required before filing the arbitration, the arbitrator shall award OPTAVIA the amount of arbitration fees it has paid pursuant to this paragraph.

If 25 or more Clients send email notices of disputes with OPTAVIA raising similar Claims that are not resolved informally, the Claims shall proceed in arbitration in a coordinated proceeding. Counsel for the Clients and counsel for OPTAVIA shall each select five cases to proceed first in arbitration in a bellwether proceeding. The remaining cases shall not be filed in arbitration until the first ten have been resolved. Upon sending a notice of dispute by email or filing a complaint in court, the statutes of limitations applicable to a Client’s dispute are tolled until the completion of the coordinated arbitration proceeding described here. If the parties are unable to resolve the remaining cases after the conclusion of the bellwether proceeding, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties are able to resolve all of the Claims, either through settlement or arbitration. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against OPTAVIA. In the event this bellwether procedure causes delays of more than three years in resolving a dispute, and the individual amount claimed in the dispute does not exceed $10,000.00, either You or OPTAVIA may opt out of this process and proceed in small claims court.

CLASS ACTION/JURY TRIAL WAIVER.

Regardless of whether You or Your independent OPTAVIA Coach enrolled You in OPTAVIA Membership, You agree that all Claims must be brought in Your individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless OPTAVIA agrees otherwise, the arbitrator may not consolidate more than one person's Claims. If any provision of this paragraph is determined to be unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or remedy) must remain in court, be severed from any arbitration, and be stayed until the conclusion of any Claims or remedies subject to arbitration.

You may opt out of this arbitration agreement within 30 days after enrolling in OPTAVIA Membership by sending a letter to: OPTAVIA Legal Department, 100 International Drive, 18th Floor, Baltimore, MD 21202, stating Your name, OPTAVIA Client account number, and Your intent to opt out of the arbitration agreement. If You do not opt out, this arbitration agreement overrides any different arbitration agreement between You and OPTAVIA.

END OF AGREEMENT