Terms and Conditions
Your Agreement to Terms & Conditions
These Terms & Conditions (the “Terms and Conditions” or “Agreement”) form a binding legal agreement between you, the end user, and JCR Holdings II (“JCR Holdings,” “Jenny Craig,” “us,” or “we”) that applies each time you use or access JCR Holdings’ website, web portal, and/or mobile application and their associated content, features, tools, and materials (collectively, the “Site”).
Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
This Document contains the terms and conditions of your receipt and payment for JCR Holdings goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF JCR HOLDINGS’ GOODS AND SERVICES.
Welcome to Jenny Craig. By using our“Site, using a mobile messaging service provided through one of our partners or placing an order, you (“you” or “your”) accept and agree to be bound by these Terms and Conditions and our Privacy Policy, which are legally binding agreements between you and JCR Holdings II (“JCR Holdings,” “Jenny Craig,” “us,” or “we”). Use of the Site is only available to users who have reached the age of majority where you live and reside in the United States, or its possessions and territories. JCR Holdings makes no claims that the Site or any of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
We may update these Terms and Conditions from time to time at our sole discretion. These Terms and Conditions may also be modified by changes to our mobile messaging service provider platform. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, are not granted permission to install, execute, access, or otherwise use the Site and are instructed to exit, uninstall, and/or cease all use ofshould stop using the Site immediately.
These Terms and Conditions take effect (or re-take effect) at the earlier of: (i) the date that you first register your account for the Site; or (ii) the moment you first install or execute the App (defined below), and/or access, and/or log into the Site and use its features and functionality. JCR Holdings reserves the right at any time and on any grounds, including without limitation any reasonable belief of breach or fraudulent or unlawful activity, to deny or suspend your access to the Site, or to any portion thereof.
Upon termination or expiration of these Terms and Conditions for any reason, all licenses granted by JCR Holdings hereunder shall immediately terminate, and you must immediately cease all use of the Site and uninstall and destroy all copies of the Site, including any backup and archival copies, on your systems, devices, or network infrastructure. The provisions of these Terms and Conditions concerning JCR Holdings’ proprietary rights, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, indemnification rights, dispute resolution, arbitration, class action waiver, and governing law will survive the termination of these Terms and Conditions for any reason.
I. Eligibility
By using our 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. The Jenny Craig Program is intended only for consumers who have reached the age of majority. By purchasing JCR Holdings’ products or enrolling in a Jenny Craig Program, you represent that you have reached the age of majority where you live
Important Health Information for Jenny Craig Program
The Jenny Craig Program encourages a healthier pattern of eating and the development of healthy lifestyle habits, however it is not intended to treat any illness or disease.
We prohibit people with certain conditions to use the Jenny Craig Program; these include those who are pregnant, have been diagnosed with or treated for an eating disorder, within the last 5 years, and those who have a BMI under 18.5. Please note that if you are allergic to food allergens such as soy, peanuts, tree nuts, corn or corn products, milk, wheat/gluten, or any other significant food allergy, you may not use the Jenny Craig program because adjustments to the meal plan cannot be made to accommodate these allergies.
Please consult your health care provider before enrolling in a Jenny Craig Program or purchasing Jenny Craig products if you have a medical condition, food allergies, have chronic kidney disease, have a condition requiring a gluten-free or ketogenic diet, are a nursing mother, or are a male weighing over 450lbs or a female weighing over 400lbs. You must consult your health care provider to determine if you require an adjusted meal plan. Jenny Craig will not provide you with advice or recommendations based upon your medical condition or food allergies. If your health care provider informs you that you require an adjusted meal plan, please call Jenny Craig to discuss the type of adjustment that you require and you will be informed as to whether or not the requested adjustment can be fulfilled. Jenny Craig does not guarantee that every request for an adjusted meal plan can be met, and the determination is on a case-by-case basis.
If you are being treated for a medical condition, taking prescription medication, or following a therapeutic diet to treat a disease, it's especially important to show the Jenny Craig Program to your health care provider. Any modifications made to the Jenny Craig Program by your health care provider should be followed.
Health Disclaimer
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. INFORMATION PROVIDED BY THE WEBSITE, COACHING TEAM, AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED.
The Jenny Craig Coaching team does not provide medical, mental health or any other type of health service. You are advised to seek diagnosis, treatment, and advice regarding medical or mental conditions or illness from physicians practicing medicine, psychotherapists, psychologists or other licensed healthcare and mental health professionals.
If you have allergies or are otherwise unable to consume an ingredient present in Jenny Craig food, you may only have a limited number of Products to choose from. This may impact on your ability to become a Jenny Craig customer.
You are responsible for:
- Seeking professional advice as to your diet, exercise, and any lifestyle change
- Your own health, including ensuring that you regularly consult your health care provider regarding the need to modify your diet, medications, and/or your level of physical activity
- Informing your health care provider if you experience changes in your health while on our program.
- Ensuring you do not have any health conditions which prohibit you from consuming any of our Products.
- Checking the Nutritional Facts Panel and Ingredients of each Product before purchase and consumption.
The Jenny Craig Program is a portion-controlled, reduced-calorie comprehensive weight loss program. You are urged and advised to seek the advice of a health care provider before beginning the Jenny Craig Program, or any other weight loss program as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your health care provider may need to adjust your medications due to changes in your diet, exercise, or weight while on this program.
The Jenny Craig Program will provide a suggested calorie range to promote a healthy weight and is designed for a safe rate of weight loss of 1 to 2 lbs. per week. Since weight loss varies with individuals, including starting weight and adherence to the Jenny Craig Program, we do not guarantee weight loss results. It is important to note that medical studies indicated that people 20 percent or more above their recommended weight are at an increased risk of many illnesses or diseases. It is also important to be aware of certain risks that have been associated with weight loss and that possible side effects may occur. You should consult with your health care provider before starting and while on the Jenny Craig Program to understand the possible side effects of weight loss. Please be sure to eat all the food that is recommended on the Jenny Craig Program. Failure to follow the Jenny Craig Program protocol and eat all the food recommended may increase the risk of developing serious health complications.
For information that you can share with your health care provider or physician about the Jenny Craig Program, please email Coachingsupport@JennyCraig.com
You represent to us that you are not using the Jenny Craig Program or participating in any of the activities offered for the purpose of seeking medical attention. You further agree that, before using the Jenny Craig Program you consult your health care provider, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Jenny Craig Program is inconsistent with the medical advice from your health care provider, you should follow the advice of your health care provider. You agree that Jenny Craig and its affiliates, successors and assigns, employees, and agents (collectively the "Jenny Craig Released Parties") shall not be liable for any damages arising from personal injuries (including death) sustained as a result of your participation in any Jenny Craig Program or use of any Jenny Craig products. By participating in a Jenny Craig Program, you acknowledge and further agree that you and anyone claiming on your behalf releases and forever discharges any and all Jenny Craig Released Parties from any damages arising from personal injuries (including death) sustained as a result of your participation in any Jenny Craig Program or use of any Jenny Craig products.
II. Auto-Ship Program
Jenny Craig offers auto-ship and non-auto-ship programs. Your selected program(s) will be shipped and billed with the payment method you have saved in your Jenny Craig wallet. Each program may be separately shipped and billed. You agree to keep your payment method updated. As your order begins to process, funds will be secured then charged prior to shipment. If your credit card cannot be charged and your payment method has not been updated and you have not cancelled your order within the required time frame, Jenny Craig will retry your saved card to process your order. Please note: Deletion of information in My Account does not stop the auto-ship order from being fulfilled at our warehouse. The customer must call or email to cancel their auto-ship program.
With Prepay Auto-Ship programs, you will receive a special discount off the regular one-time rate and free shipping (Continental U.S.) with every consecutive order. With our Pay Per Shipment auto-ship programs with regular bi-weekly payments, you will receive a special discount off the regular one-time rate, and shipping fees apply with every consecutive order.
Payment Options:
Pay Per Shipment Option
2-week auto-ship program. You are automatically charged and shipped your Jenny Craig plan once every 2 weeks unless you cancel. By providing your payment card information, you are authorizing the continuation of your Jenny Craig auto-ship program(s) automatically at the end of the 2-week period and consenting to our charging the payment method provided every 2 weeks, until you cancel.
PrePay Options:
Select from “Pay for Today’s Shipment”, “Pay for 2 Shipments”, “Pay for 3 Shipments” or “Pay for 4 Shipments”.
Based on the option selected, you are pre-paying for your initial first shipment(s) upfront receiving a special discount off your current and future auto-ship orders plus free shipping within the Continental U.S. Note, once your prepaid shipments have all processed and shipped, your next non-prepaid order will automatically be charged and shipped with the special discount given at the time of sign-up. You will automatically be shipped your Jenny Craig Plan once every 2 weeks unless you cancel. By providing your payment card information, you are consenting to our charging the payment method provided and shipping a new plan order every 2 weeks once your prepaid orders have been fulfilled until you cancel.Cancellation:
You may cancel your auto-ship program at any time by Chat or by calling 800-JENNYCARES or 800-536-6922. You must cancel or modify your order before the 6:00 p.m. ET cut off the day before your order is scheduled to be fulfilled at our warehouse, otherwise we will be unable to cancel or make changes to that order.
We reserve the right to modify, enhance, terminate, or otherwise change your Jenny Craig plan benefits at our sole discretion.
III. Fulfillment and Delivery:
Please read the Shipping Policy Carefully - Shipping food is a delicate process!
Orders are processed and shipped Monday through Thursday. The frozen and non-frozen portion of your order will ship together. Orders received after 12:00pm ET will be processed the next business day.
Delivery of your order can take up to 10 business days from when your order begins to be fulfilled at our warehouse. Delivery and shipping days are dependent on your location. Once your order ships, the order confirmation email will provide more details about your delivery timeframe.
You may be sent an email or may receive a pre-recorded and auto-dialed telephone reminder (i) before your next scheduled order is fulfilled at our warehouse,, and (ii) for shipping and billing information on your order.
You agree to provide us with a complete and accurate delivery address to enable us to fulfill your order. A delivery address may not be changed once an Order has been placed.
As a guideline, to ensure product integrity, you must place frozen Products into a freezer ASAP after delivery.
Prices are subject to change. Please check our Shipping Policy often for updates.
We will not be held liable for any damages of any kind related to the purchase or use of our Products. We will not replace or provide a refund for any Products ordered by you by mistake.
You must notify us if you have received an incorrect Product/s or if you are missing any Products within 5 business days of delivery, please contact us. Failure to comply with these policies will result in no replacement Product/s or refund.
From time to time, we may discontinue program configurations to streamline our offerings. When this occurs, customers will be given a minimum of 30 days' notice prior to any changes becoming effective.
Please note: Jenny Craig does not accept any returns. Any orders that are received by our warehouses will be discarded and will not be reshipped to a customer.
Auto Ship Delay Policy
When you sign up for Auto Ship, you are expected to take at least 1 order every 6 months in order to keep your promotion. Failure to do so may result in the cancellation of your Auto Ship and the loss of your promotion.
Refund Policy:
Food purchases are non-returnable and non-refundable, including any Prepaid orders that have not been shipped. If you have a quality issue with a food item, please contact 800-JENNYCARES or 800-536-6922.
Substitution Policy
Please be advised that although Jenny Craig takes every reasonable measure to have sufficient inventory to fill orders, availability of product(s) may change without notice. Jenny Craig is not responsible for unavailability of products due to popular demand, whether discontinued or still in production. In the completion of orders, Jenny Craig reserves the right to substitute a similar product.
Please note that substituted food items may contain different ingredients and allergens than those in items originally ordered. Please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all Jenny Craig food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any specific ingredients.
Club Jenny (A la Carte Access)
Club Jenny will provide exclusive access to our Entrée menu and may include other benefits and special offers from time to time. Available in the Continental U.S.. residents. Shipping charges apply. Food cannot be shipped to P.O. Boxes, A.P.O. Boxes, or military addresses, Alaska, Hawaii, Puerto Rico, or other US Territories and possessions.
Please note automatic renewals remain active until cancelled by the customer. Transactional emails go out before any automatic renewal is processed. These notifications will be provided 30 days prior to your renewal date.
Even if the Club Jenny benefits are not used, the customer will still be charged on a recurring basis until the customer cancels their access to Club Jenny. Club Jenny customers may be eligible for discounts on the purchase of Entrée items. Discounts are only valid on auto-ship orders. and do not apply to one-time A la Carte purchases. Purchase of Club Jenny Access cannot be combined with the purchase of a Jenny Craig program. Please note, purchase of Club Jenny Access is non-refundable. Jenny Craig Entrée food orders are non-returnable and non-refundable. Please call us at 800-JENNYCARES or 800-536-6922 or visit our website for details.
Telephone Calls and Call Recording
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Jenny Craig can reach you with informational calls related to your transactions. These calls may be pre-recorded and auto dialed and are related to the shipment and delivery of your food, and payment reminders for your orders.
You may also opt-in to receive special offers from Jenny Craig If you do so, our trained Jenny Craig representatives may call you using an automated dialing system.
Under Jenny Craig's Do Not Call Policy, Jenny Craig maintains an internal Do Not Call List that you can request to be placed onto so as not to receive marketing or sales calls. If you would like to be on Jenny Craig's Internal Do Not Call list for marketing and sales calls, please contact us 800-JENNYCARES or at customersupport@JennyCraig.com Jenny Craig shall continue to contact you for any order-related or transactional matters.
All calls to and from Jenny Craig may be monitored or recorded for quality and training purposes.
Mobile Devices/SMS Messaging/Third-Party Fees
The Jenny Craig mobile messaging service (the “Service”) is offered through a third-party partner. We may modify or cancel the Service or any of its features without notice. From time to time, we may make mobile device applications and mobile marketing campaigns available to you and may allow you to register for services that involve push notifications and/or emails being sent to your mobile Device. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Jenny Craig to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message frequency varies. Msg & Data rates may apply. Mobile marketing campaigns may involve your sending text message or e-mail from your mobile Device to us or a third-party campaign operator. An autodialed text message, e-mail or other response will then be sent to your mobile Device. Opting to participate in a campaign is 100% your choice. Your consent to receive marketing text messages is not a condition of any purchase, and you may opt out at any time.
If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to our Service, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list.
Promotional messages on shortcodes 98096 and 46310 are recurring messages. You are responsible for obtaining access to the mobile Device services. Such access may involve third-party fees, including mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the applications, delivery of the messages, emails or other materials to your mobile Device. Please consult your mobile service provider's pricing plan prior to purchasing or downloading any application or registering for any such service to determine the charges for sending and receiving push notifications or emails from/to your mobile device. You will be given the opportunity to opt-in to receive push notifications or emails to your mobile Device at the time you register for the campaign and with each message or email you receive. To stop receiving text messages, text “STOP” to our shortcode by responding to any text message received from us. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just re-subscribe in the same manner that you previously used to sign up. If you have subscribed to other Jenny Craig mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by contacting us at customersupport@jennycraig.com, or 1-800-JENNYCARES. Carriers are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
We collect various information on our behalf from and about you, including information you directly provide when you use the messaging service (the “Service”). When you engage in these mobile marketing campaigns, we and the third-party campaign operator that we work with may collect your cell phone number, the name of your wireless service provider, images that you send using your cell phone as part of the campaign, and other relevant information. Except to the extent required by law, text messaging originator opt-in data and consent will not be shared with any third parties.
When you send messages via the Service, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies. If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service. We use your information to deliver, analyze, maintain and support the Service. We may also use your information to enhance the Service features and customize and personalize your experiences on the Service.
We respect your right to privacy. For further information on how we collect and use your personal information, please see our Privacy Policy.
Your Responsibility to Protect Your Account
JCR Holdings reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. JCR Holdings will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, JCR Holdings may restrict access to some parts of the Site, or the entire Site.
When you create an account, you will be asked to establish 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 JCR Holdings, its subsidiaries, and its affiliates for losses incurred by JCR Holdings or another party due to someone else using your account or password. JCR Holdings has the right to disable any username, password, or other identifier, whether chosen by you or provided by JCR Holdings, at any time, in its sole discretion for any or no reason.
Personal Information
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection, use and sharing practices.
Content Posted By You
Content posted by you includes, but is not limited to, posting on Jenny Craig's social media pages contain various pages where you and others may post content ("Social Sites"). You may only post content to the Social 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 the Social 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 Social Sites and grant the license rights and waivers granted to us under this Agreement and (b) the content does not and will not infringe any copyright, right of publicity or any other third-party right nor violate any applicable law or regulation.
By submitting or posting content to the Social Sites, you grant JCR Holdings, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide royalty-free right to reproduce, display, perform, distribute, modify, create derivative works of, adapt, and promote any posted content in any medium. Once you submit or post content to the Social Sites, JCR Holdings will not give you, and you irrevocably waive, any right to inspect or approve uses of such content or to compensate you for any such uses. JCR Holdings owns all right, title, and interest in any compilation, collective work, or other derivative work, whether or not created by JCR Holdings, using, or incorporating content posted to the Social Sites. For more information, please review JCR Holdings's Privacy Policy.
Without limiting the foregoing license, you hereby irrevocably waive any and all rights of privacy or publicity, or other rights of a similar nature in connection with the commercial exploitation of all and any portion of your content, consistent with the terms of this Agreement. To the extent included in your content, you hereby consent to the use of your name and any other names, trade names, fictitious names, trademarks and service marks, likenesses, performances, voices and identities (and/or that of any minor who you are responsible for) for any and all purposes in connection with our exercise of the license rights granted herein.
You should carefully choose the information you post on the Social Sites. Any content that you post to the Social Sites will be considered non-confidential and non-proprietary. 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 Social Sites and the consequences of posting anything on these Social Sites.
JCR Holdings, its affiliates, and its subsidiaries are not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Social Sites.
Content Posted By Others
JCR Holdings is not responsible for, and does not endorse, content in any posting made by others on the Social Sites. You are solely responsible for your reliance on anything posted by others on the Social Sites. Under no circumstances will JCR Holdings be held liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Social Sites. If you become aware of misuse of the Social Sites by any person, please contact Jenny Craig at 800-JENNYCARES or email us at customersupport@JennyCraig.com or write to us at 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. JCR Holdings has the right to remove any user contributions from these Social Sites for any or no reason. JCR Holdings reserves the right to take necessary legal action against users.
Activities Prohibited on the Sites
The following is a partial list of the types of conduct that are illegal or prohibited on the Site or Social Sites. JCR Holdings reserves the right to investigate and take appropriate legal action against anyone who, in JCR Holdings' sole discretion, engages in any of the prohibited activities on the Site or Social Sites. Prohibited activities include, but are not limited to, the following:
- 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 Jenny Craig in its sole discretion. Jenny Craig 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 codes which is malicious or technologically harmful;
- Harvesting or otherwise collecting information about others, including email 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;
- Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or Social Sites, the server on which the Site or Social Sites are stored, or any server, computer or database connected to the Site or Social Sites; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site or Social Sites, or which, in the sole discretion of Jenny Craig, exposes Jenny Craig or any of its customers or suppliers to any liability or detriment of any type.
Monitoring and Enforcement; Termination
JCR Holdings reserves the right, but is not obligated, to do any or all of the following:
- Record the dialogue or content posted on any pages of the Site or Social Sites
- Investigate an allegation that anything posted on the Site or Social Sites 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 your access to the Site or Social Sites upon any breach of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you);
- Monitor, edit, or disclose any posting on the Site or Social Sites; and
- Edit or delete any communications posted on the Site or Social Sites, regardless of whether such communications violate these standards; or
- JCR Holdings may disclose your information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, JCR Holdings has the right to fully cooperate with any law enforcement authorities or court order requesting or directing JCR Holdings to disclose the identity or other information of anyone posting any materials on or through the Site or any Social Sites. YOU WAIVE, AND HOLD HARMLESS JCR HOLDINGS, ITS AFFILIATES, AND ITS SUBSIDIARIES FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JCR HOLDINGS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF JCR HOLDINGS, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
JCR Holdings does not undertake to review any materials before you have posted them on the Site or Social Sites and cannot ensure prompt removal of objectionable material after it has been posted. JCR Holdings assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. JCR Holdings has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
JCR Holdings has the right to terminate your access to the Site or Social Sites for any reason, including, without limitation, if JCR Holdings, in its sole discretion, considers your use to be unacceptable. JCR Holdings may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Social Sites.
JCR Holdings’ Intellectual Property
The entire contents of the Site or Social Sites are copyrighted as a collective work under the laws of United States and other copyright laws. JCR Holdings and its affiliates hold 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 or Social Sites 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 or Social Sites.
The Site and its entire contents feature and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by JCR Holdings or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by JCR Holdings or its affiliates. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Trademarks
The Jenny Craig name, logo and all related names, logos, product and service names, designs and slogans are trademarks of JCR Holdings or its affiliates or licensors. You must not use such marks without the prior written permission of JCR Holdings. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Copyright Protection
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting JCR Holdings (as set forth below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the applicable law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to JCR Holdings II, LLC, 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, ATTN: Legal Department. In an effort to protect the rights of copyright owners, JCR Holdings maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Mobile Usage
The Site offers various tools or display functionality that may be accessible via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Site. In addition, downloading, installing, or using the Site on your mobile device may be prohibited or restricted by your mobile carrier, and not all functionality on the Site will work with all carriers or devices or in all locations. Therefore, you are solely responsible for: (i) checking with your mobile carrier to determine if the Site is available for your mobile devices; (ii) the restrictions, if any, may be applicable to your use of the Site; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use.
Additional Terms and Conditions for Apple Users
NOTE – The terms and conditions of this paragraph apply to you only if you downloaded JCR Holdings’ mobile application (the “App”) through Apple Inc.’s App Store. You acknowledge that this Agreement is between you and JCR Holdings, and that Apple Inc. (“Apple”) bears no responsibility for the App and its content. The license grant under this Agreement with respect to the App is a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by this Agreement and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of Company’s mobile app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or a third party relating to the App or your use of the App, including without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the App or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Changes to the Site
JCR Holdings may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and JCR Holdings is under no obligation to update such material.
Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by JCR Holdings with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. JCR Holdings has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
JCR Holdings may disable all or any social media features and any links at any time without notice in our discretion.
Legal Disclaimers
Warranties
The Social Sites and/or Site and the content are provided on an "as is" and "as available" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, JCR HOLDINGS, ITS LICENSORS, ITS AFFILIATES, AND ITS SUBSIDIARIES, 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. JCR Holdings makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Social Sites and/or Site. JCR Holdings cannot and does not warrant against human and machine errors, omissions, delays, interruptions, or losses, including loss of data. JCR Holdings cannot and does not guarantee or warrant that files available for downloading from these Social Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. JCR Holdings cannot and does not guarantee or warrant that any content you post on the Social Sites will remain on the Social Sites. JCR Holdings does not warrant or guarantee that the functions or services performed on the Social Sites and/or Site will be uninterrupted or error-free or that defects in the Social Sites and/or Site will be corrected.
The Social Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by JCR Holdings, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of JCR Holdings, its affiliates, and its subsidiaries are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties
Limitation of Liability
JCR HOLDINGS, ITS AFFILIATES, AND ITS SUBSIDIARIES' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH JCR HOLDINGS IS TO DISCONTINUE YOUR USE OF THE SITE. JCR HOLDINGS AND ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SOCIAL SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOCIAL SITES AND/OR 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 IF JCR HOLDINGS 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, JCR HOLDINGS’ AND ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold JCR Holdings, its officers, directors, employees, agents, licensors, affiliates, subsidiaries, 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 or your use of the Social Sites and/or Site, including, but not limited to, any content that you may post, any use of the Social Sites' and/or Site's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Social Sites and/or Site.
Resolving Disputes - Arbitration
All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, this T&C (including its formation, performance or alleged breach), your use of the Website, any communications between you and us (either directly or through a third party), and/or any aspect of our relationship with you will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute, except that you may assert claims or seek relief in small claims court if your claims qualify. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, Jenny Craig will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified Jenny Craig in writing and provided a copy of the arbitration proceedings. However, if Jenny Craig is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Jenny Craug. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in-person hearing in the United States in the county where you live or at another mutually agreed upon location.
The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this T&C may be joined to an arbitration involving any other party subject to this T&C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of Pennsylvania to enforce this T&C or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
WAIVER OF CLASS ACTION RIGHTS
ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THIS T&C (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
30 DAY RIGHT TO OPT-OUT. YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THIS AGREEMENT BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY EMAILING US AT CUSTOMERSUPPORT@JENNYCRAIG.COM. THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THIS AGREEMENT, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.
Miscellaneous
Waiver and Severability
No waiver by JCR Holdings of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of JCR Holdings to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Governing Law and Jurisdiction
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.
Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and JCR Holdings with respect to the Social Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Social Sites and/or Site.
Notice
JCR Holdings may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Jenny Craig account. You may give notice to JCR Holdings at any time via electronic mail to Privacy@JennyCraig.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: JCR Holdings II, LLC, 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034, Attn: Legal Department.
Updated: September 20, 2024