TÉRMINOS Y CONDICIONES DE OPTAVIA PREMIER

ABOUT THESE TERMS AND CONDITIONS: The following terms and conditions apply to OPTAVIA Premier. OPTAVIA Premier is an autoship program which Clients of OPTAVIA (hereinafter “You”, “Your” or “Client”) of OPTAVIA LLC (hereinafter, “OPTAVIA”) can enroll in to become eligible for certain product offers and discounts. To take advantage of exclusive OPTAVIA Premier offers and discounts, You must agree to the following terms and conditions. As a Client of OPTAVIA Premier, You also acknowledge that You will be automatically charged for and receive an OPTAVIA Premier order each month, unless You modify Your order, change Your ship date or cancel Your OPTAVIA Premier Membership. 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 Premier Membership.

By Your enrollment in OPTAVIA Premier, 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 Premier.

ENROLLMENT: You must have a U.S. shipping and billing address to enroll in OPTAVIA Premier. To enroll in OPTAVIA Premier, You must select this option by clicking on the designated check box in the checkout stage of Your order. OPTAVIA will activate Your OPTAVIA Premier account and begin Your Membership when Your first OPTAVIA Premier order is submitted. 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 Premier by contacting the Client Support Team at 1.888.OPTAVIA.

FREE GIFTS, DISCOUNTS AND REWARDS:

You will be eligible for one of the following discounts with Your first OPTAVIA Premier order of the following:

1. Optimal Weight 5 & 1 Plan® Kit or 22 boxes of Fuelings, receive a discount of $115.00 and a Classic BlenderBottle®; or
2. Optimal Weight 5 & 1 ACTIVE Plan™ Kit or 22 boxes of Fuelings, plus 1 or more ACTIVE Essential Amino Acid (EAAs) Blends, receive a discount of $130.00, a Classic BlenderBottle and an OPTAVIA ACTIVE® BlenderBottle; or
3. Optimal Weight 4 & 2 ACTIVE Plan™ Kit or 17 boxes of Fuelings plus 2 or more ACTIVE EAAs, receive a discount of $120.00, a Classic BlenderBottle and an OPTAVIA ACTIVE BlenderBottle; or
4. OPTAVIA GLP-1 Nutrition Support Kit or 9 boxes of OPTAVIA ASCEND™ mini meals and 1 Daily Nutrients Pack, receive a discount of $81.70; or
5. OPTAVIA Optimization Kit or 6 boxes of OPTAVIA ASCEND mini meals, 1 Daily Nutrients Pack, plus 2 or more ACTIVE Essential Amino Acid (EAAs) Blends, receive a discount of $81.71; or
6. OPTAVIA ACTIVE Bundle or 2 or more ACTIVE EAAs and 1 or more ACTIVE Whey Protein, receive a discount of $30.00 and an OPTAVIA ACTIVE BlenderBottle.

Discounts cannot be combined. If You add more than one of the above mentioned Kits to your order, the highest discount applicable will apply.

OPTAVIA Premier Members are also eligible for the following benefits:

1. 10% Rewards earned on OPTAVIA Premier orders with an item total over $300.00 (Rewards are not calculated on any surcharges, see Rewards section for full details and restrictions);
2. 5% Rewards earned on OPTAVIA Premier orders with an item total between $175.00 – $299.99 (Rewards are not calculated on any surcharges, see Rewards section for full details and restrictions);
3. Free shipping on orders over $300.00 (after the application of any discounts, prior to application of Applied Rewards or credits), subject to certain limitations under these terms and conditions; and
4. Flat rate shipping of $7.00 on orders between $175.00 – $299.99 (after the application of any discounts, prior to the application of Applied Rewards or credits), subject to certain limitations under these terms and conditions.

To receive the above-referenced benefits and discounts You must be an active OPTAVIA Premier Client. In order to remain active in OPTAVIA Premier You must have an OPTAVIA Premier order processed at least once every 60 days. For example, if Your last Premier order was on April 1st, then You have until May 30th to place an order to retain Your Rewards and free or discounted shipping. A minimum order amount is not required to keep an OPTAVIA Premier Client active.

SHIPPING: Your first order will be processed immediately after Your successful enrollment in OPTAVIA Premier. Subsequent OPTAVIA Premier orders will be processed monthly on the date selected unless otherwise changed. You will receive an email notifying You of Your upcoming OPTAVIA Premier order processing at the email address provided to the Company when You enrolled in OPTAVIA Premier. It is Your duty to ensure the Company has up to date and accurate email information to ensure the Company may notify You of Your upcoming orders. You should also ensure Company emails are not sent to a “junk” or “spam” folder to ensure timely notification of Your upcoming shipment. For additional information on OPTAVIA’s shipping policies, please visit this Shipping Policy Article on OPTAVIA CLIENT ANSWERS.

Qualifying OPTAVIA Premier orders over $300.00, shipping to addresses within the Continental United States, will receive free shipping; qualifying OPTAVIA Premier orders between $175.00 – $299.99, shipping to addresses within the Continental United States will receive flat rate $7.00 shipping*. Qualifying OPTAVIA Premier orders less than $175.00 shall not receive flat rate shipping or free shipping, but will be assessed full price shipping. Please note, certain items do not qualify for automatic purchase but may be allowed in a one-time order fulfillment before being automatically removed from Your next monthly order. After this one-time automatic purchase, please make sure Your future product order totals meet the minimum requirements needed in order to receive any applicable shipping benefits. *Orders shipping to addresses outside the Continental United States are ineligible to receive free shipping. Orders shipping to addresses outside of the Continental United States are eligible to receive flat rate shipping, based on order total. For orders between $175.00 – $299.99, the flat rate shipping fee to these areas will be $25.00. For orders over $300.00, the flat rate shipping fee to these areas will be $35.00. Orders under $175.00 will be assessed full shipping at the standard published shipping rate. These areas include: Alaska, American Samoa, Federated States of Micronesia, Hawaii, Guam, Marshall Islands, Northern Mariana Islands, Puerto Rico, and the US Virgin Islands.

Please note that certain state laws require OPTAVIA to verify that You meet the age requirements to purchase said products sold by OPTAVIA (including, but not limited to dietary supplements, e.g., Essential Amino Acids). In order to verify Your age, the Company will automatically charge a flat fee ($9.00) to You if You live in and have product delivered to a state that requires age verification. You agree to pay said fee with each reoccurring purchase of said product.

MODIFICATIONS AND CANCELATIONS: All modifications and cancelations to Your OPTAVIA Premier order must be submitted electronically via Your online account or via phone no later than 6:00 p.m. ET the day before Your OPTAVIA Premier order processing date. Requests submitted after 6:00 p.m. ET the day before Your OPTAVIA Premier order processing date will apply to Your next scheduled OPTAVIA Premier order. For details on how to modify Your Premier order contents, Premier order processing date, shipping address and/or billing information, please visit these OPTAVIA Premier Articles on OPTAVIA CLIENT ANSWERS. View detailed instructions on how to cancel Your OPTAVIA Premier Membership via this OPTAVIA Premier Cancelation Article on OPTAVIA CLIENT ANSWERS. After cancelation of Your Premier Membership, You have 60 days to reinstate Your OPTAVIA Premier Membership and retain all benefits. Please note that OPTAVIA Premier benefits are based on Your last order date. For example, if Your last Premier order was on April 1st, then You have until May 30th to place an order to retain Your Rewards and free or discounted shipping. Refusing or returning an OPTAVIA Premier or On Demand order does not automatically cancel Your OPTAVIA Premier enrollment. Your OPTAVIA Premier orders will continue to be charged to Your default payment method and shipped as scheduled until You cancel Your enrollment in OPTAVIA Premier. You will be financially responsible for all orders shipped to You by OPTAVIA up to the date Your cancelation takes effect.

RISK OF LOSS: The risk of loss and the title for our products will pass to You upon our delivery of the products to the shipping carrier.

RETURNS: All OPTAVIA Premier Clients shall be able to return a full or partial OPTAVIA Premier order to receive a refund, as per the current published OPTAVIA Return Policy. For discounted orders, OPTAVIA Premier Clients will only be refunded the amount actually expended by the Client for the discounted order.

RE-ENTRY: If You wish to re-enroll in OPTAVIA Premier after 60 days following cancelation, You may do so and can re-enter the program. View detailed instructions on How to Reinstate Your OPTAVIA Premier Membership on OPTAVIA CLIENT ANSWERS. Re-entry orders are subject to full shipping costs. Re-entry orders are eligible to earn Rewards (see Rewards section for full details and restrictions). Please note, a former OPTAVIA Premier Client who reinstates or re-enters OPTAVIA Premier will not be considered new for the purpose of receiving full program benefits; only former OPTAVIA Premier Clients who have not placed an order in the last 180 days will be considered “new” and will be eligible to receive full program benefits. Any earned Rewards will expire within 60 days of issue date regardless of whether the OPTAVIA Premier account is active or canceled.

COST AND BILLING: There is no charge or minimum purchase requirement to join OPTAVIA Premier, however, to receive the above-referenced benefits and discounts, You must have an OPTAVIA Premier order processed at least once every 60 days. When You place Your initial OPTAVIA Premier order, Your credit card information will be requested through a secure online transaction process. Each month when Your OPTAVIA Premier order is processed, Your credit card on file will be charged for the order amount. The actual billing date may vary slightly from month to month. The per-order charge may change if/when You modify the contents of Your OPTAVIA Premier order. All prices are subject to change. To view Your order total and/or modify Your credit card information, log in to Your online account and select the applicable option under “My Account”. By enrolling in OPTAVIA Premier, You authorize OPTAVIA to automatically charge Your credit or debit card so that the total of Your monthly order is equal to the amount You have authorized. You agree to provide OPTAVIA with updated credit card account information so that the Company can continue to ship according to Your OPTAVIA Premier schedule. You agree to pay all applicable sales taxes and shipping and handling charges.

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 Premier 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 Premier order, OPTAVIA requires complete and accurate information, including but not limited to: credit card expiration date, address for shipment, 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 shipment due to non-payment or failure to update Your shipping or credit card information with us.

OUT-OF-STOCK MERCHANDISE: Merchandise is subject to availability. In the unlikely event Your OPTAVIA Premier order cannot be filled as You have placed it, when possible, the Company will attempt to contact You and offer alternative selections. However, You agree that, at its discretion, the Company may substitute out of stock product with an alternative in-stock selection with or without notice to You. Payment is taken from Your credit card at the time Your order is received by the Company. A full refund will be given when You have already paid for merchandise that is temporarily or permanently unavailable and an alternative selection cannot be offered, the Company is unable to contact You to offer alternative selections, or You are dissatisfied with an alternative selection You have received in the case of substitution by the Company.

PROGRAM RESTRICTIONS AND LIMITATIONS: OPTAVIA Premier 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 Premier orders cannot be shipped to a Post Office (P.O.) Box except for some Post Office (P.O.) boxes in Alaska and Puerto Rico. Please contact the Client Support Team at 1-888-OPTAVIA to verify if the Company can deliver to Your Post Office (P.O. Box) address. OPTAVIA Premier orders cannot be shipped to Canada, or any other destination outside the 48 contiguous United States, the District of Columbia, Alaska, Hawaii and all APO/FPO and DPOs. United States Territories include American Samoa, Guam, Northern Mariana Islands, Puerto Rico and U.S. Virgin Islands. OPTAVIA Premier 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 Premier or On Demand orders or to supply You with information from OPTAVIA. 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 Premier for the purposes of coaching and support. Your personal payment information will not be available to them.

OPTAVIA PREMIER REWARDS: To be eligible for OPTAVIA Premier Rewards You must be an active OPTAVIA Premier Client. In order to remain active in OPTAVIA Premier You must have an OPTAVIA Premier order process at least once every 60 days. For example, if Your last Premier order was on April 1st, then You have until May 30th to place an order to retain Your Rewards and free or discounted shipping. A minimum order amount is not required to keep an OPTAVIA Premier Client active.

EARNING REWARDS: The Rewards amount shall be calculated based on the total consumable goods on the order, minus any discounts and/or Applied Rewards from the previous OPTAVIA Premier order. All OPTAVIA Premier orders with an item total of $300.00 or greater (after application of any discounts, prior to application of Applied Rewards, shipping, taxes and/or credits) shall earn a Reward of 10% of the consumable goods on the order, minus any Applied Rewards. All OPTAVIA Premier orders with an item total between $175.00 and $299.99 (after application of any discounts, prior to application of Applied Rewards, shipping, taxes and/or credits) shall earn a Reward of 5% of the consumable goods on the order, minus any Applied Rewards. Rewards do not constitute property. You cannot transfer Rewards to another OPTAVIA Coach, individual or Client. Rewards are not redeemable for cash. Rewards may only be redeemed as described below.

REWARDS REDEMPTION: Redeemed Rewards are termed “Applied Rewards” and shall appear as a line item when applied to an OPTAVIA Premier order. Rewards can be redeemed on any OPTAVIA Premier order, regardless of the order amount. Any available Rewards shall be automatically applied in full to the next OPTAVIA Premier order that processes within 60 calendar days of the date on which the Rewards were earned (there is no carryover of Rewards). Applied Rewards shall decrease the order total and order volume. Once Applied Rewards have been applied to an order, they cannot be re-applied to an OPTAVIA Premier Client’s account, regardless of whether the order was returned, partially returned or canceled.

REWARDS – ORDER RETURNS: Earned Rewards (any Rewards earned when the original order was placed) from a returned order shall be deducted from the available Rewards (if any) on a Client's account at the time the refund is processed. An OPTAVIA Premier Client who returns an OPTAVIA Premier order in full shall have the entire amount of Rewards earned for that order removed from his/her account in the “Earned Rewards” section, at the same percentage earned on the original order. An OPTAVIA Premier Client who returns a partial OPTAVIA Premier order shall have the amount of Rewards equal to the returned items on that order removed from his/her account in the “Earned Rewards” section, at the same percentage earned on the original order. If the amount of Rewards associated with a returned order is greater than the available balance of Rewards on a Client's account, the Rewards will reflect a negative balance in the “Earned Rewards” section. Negative Rewards will not expire and must be offset with the placement of another OPTAVIA Premier order in which Rewards are earned. Applied Rewards will be added to a returned order to ensure that the refund amount is equal to (for an order returned in full) or less than (for an order that is partially returned) than the amount paid by the OPTAVIA Premier Client. Applied Rewards for a returned order will not be re-applied to an OPTAVIA Premier Client’s account as they have already been used on an order. Any return of product shall be conducted in accordance with the current published Return Policy and has no impact on Applied or Earned Rewards.

REWARDS EXPIRATION: If unused, Rewards shall expire within 60 days of issue date.

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 Premier, 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 Premier, 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 Premier, 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 Premier 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.