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Policies

Thank you for choosing GlobalFit as your healthy living benefits provider. We are eager and pleased to serve you with an array of convenient, flexible programs. Please be aware of the following rules and guidelines for our Food and You program which features NutriSystem (effective 09/04/07). Note that these rules and guidelines supersede any previous versions that have been published or printed earlier. Please read carefully and bookmark this page, as rules are subject to change.

ELIGIBILITY
By enrolling into NutriSystem through your GlobalFit benefit, you have represented and warranted that (A) you are eligible to participate through your employer or group association (or that of your eligible family member); (B) you are at least 18 years of age; and (C) eligible family members who participate in any GlobalFit benefit are your spouse/domestic partner, or your dependent children between the ages of 18 and 23 who are living at home and/or in school.

WAIVER OF LIABILITY
By enrolling into NutriSystem through GlobalFit, you agree to accept and follow the “Terms & Conditions” of NutriSystem, Inc. and nutrisystem.com, which are viewable in their entirety at http://www.nutrisystem.com/legal/. Additionally, it is expressly agreed that the use of NutriSystem’s products and services and participation in NutriSystem-sponsored activities, events or discussions, either online or in person, shall be undertaken by you at your sole risk, and GlobalFit, its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers and your Employer/Organization shall not be responsible or liable for any injuries or damages whatsoever, including those arising from negligence. You hereby release and forever waive any claims you may have against GlobalFit, its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers, your Employer/Organization and NutriSystem for losses or damages you sustain in your participation in the GlobalFit Program.

PRIVACY
You agree that your customer information, including but not limited to your name, eligibility information, eligibility identifier (if any), valid mailing address, valid telephone number, email address, date of birth, gender, information about your membership type, information about your membership usage, and any other information used to deliver or monitor the services and products which you are receiving, may be accessed by GlobalFit, entities for whom it is acting as an agent (such as your employer, your insurer, or the group by which you claim eligibility) and/or entities acting as GlobalFit’s agent (such as NutriSystem or other fulfillment agents). Customer information is retained indefinitely, unless removal is requested by the user and no ongoing business relationship occurs (such as a past due balance, outstanding orders, etc.) Privacy disputes may be registered in the following ways: via email: privacy@globalfit.com, via fax: 1-215-751-1993, or via postal mail: GlobalFit, Attn: Privacy, 510 Walnut Street, 2nd Floor, Philadelphia, PA 19106.

PRODUCT TERMS
Auto Delivery
All NutriSystem orders placed through GlobalFit utilize the NutriSystem’s Auto Delivery. With Auto Delivery, one (1) NutriSystem Advanced 28-Day Package (“the Package,” consisting of 112 pre-packaged meals for each of the Women’s, Silver, Diabetic and All-Vegetarian Programs or 140 pre-packaged meals for the Men’s Program) will be sent automatically every four (4) weeks. Auto Delivery requires the approval of a recurring credit-card charge to a Visa, MasterCard, American Express or Discover card by the cardholder. GlobalFit administers the first month’s Auto Delivery only. All Auto Delivery’s thereafter are administered directly by NutriSystem.

Beginning with the second Auto Delivery, shipment of the Package may be cancelled or delayed by contacting NutriSystem directly, either by calling 1-800-321-THIN or by visiting www.nutrisystem.com online. However, the “Promotion” beginning September 4, 2007 (defined below) requires the maintenance of Auto-Delivery for at least two consecutive 28-Day program deliveries to receive the second free week of food.

Beginning with the second Auto Delivery, the specific contents of the Package may be edited by contacting NutriSystem directly, either by calling 1-800-321-THIN or by visiting www.nutrisystem.com.

Pricing
The cost of the Package through GlobalFit at any time shall be $30.00 US less than the current retail cost of the Package directly from NutriSystem. Auto-Delivery pricing includes 10% off the regular 28-Day program price and FREE shipping within the Continental US when you remain on the program for at least 2 consecutive shipments. Plus, your discount increases to 15% with your fourth consecutive 28-Day program delivery. With Auto-Delivery, you are automatically charged and shipped your 28-Day order once every four weeks unless you cancel. You will be sent an e-mail reminder when your next order is to be shipped. You can edit, customize or delay your Auto-Delivery order at any time, simply by calling 1-800-321-THIN® or visiting nutrisystem.com. To cancel your Auto-Delivery order at any time, you must call 1-800-321-THIN®. If you delay the second shipment for more than 30 days or cancel prior to paying for your second 28-Day program delivery, your payment method will be charged for Continental U.S. shipping (if applicable) and the amount of the 10% Auto-Delivery discount for your first 28-Day program delivery. The $30.00 GlobalFit discount is yours to keep regardless of how many 28-Day program deliveries you accept.

If you order multiple Packages through GlobalFit, each Package after the first shall cost $50.00 US less than the current retail cost of the Package directly from NutriSystem. To receive this offer, you must do all of the following: complete all orders through GlobalFit within 24 hours of each other; request shipping of all Packages to the same address; and bill all Packages to the same credit card. Each of these introductory Packages will be set up for Auto Delivery.

The Package may include a special promotional offer (“Promotion”). As of September 4, 2007, the Promotion is (A) One week of food (7 breakfasts, 7 lunches, 7 dinners and 7 desserts; for the men's program only, it includes an additional 7 snacks) for free with the first month’s Auto Delivery order and (B) free shipping with the first month’s Auto Delivery order and (C) One week of food for free with the second month’s Auto Delivery order. NutriSystem and GlobalFit reserve the right to revise the Promotion at any time.

Package Options
For the initial Package order, GlobalFit offers any one of the NutriSystem Advanced Favorite Foods packages, which consists of a pre-selected menu. For all Package orders thereafter, specific menu items and quantities may be selected by contacting NutriSystem directly, either by calling 1-800-321-THIN or by visiting www.nutrisystem.com online. For the Promotion beginning September 4, 2007, the two free weeks of food cannot be customized.

NOTICES
All written notices to GlobalFit under this Agreement (“Notice”) should be sent by certified/registered mail to: GlobalFit, 510 Walnut Street, 2nd Floor, Philadelphia PA 19106, via email at: customerservice@globalfit.com, or via fax to: 215-751-1993. A Customer Service Representative can be reached at 215-751-1992 or 800-294-1500, Monday through Thursday, from 8:30 A.M. to 8:00 P.M. Eastern time, and Friday from 8:30 A.M. to 6:30 P.M.

MISCELLANEOUS
It is your responsibility to update GlobalFit with any changes to your billing account (including account number and card expiration date) and personal contact information (including name, mailing address, etc.). Any false information given to GlobalFit by you will result in the automatic cancellation of the membership with no refund of any monies paid. GlobalFit reserves the right to amend or add to these Policies, to change prices and fees, and to adopt new rules and conditions, as it may deem necessary.



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