Terms of Service
Losers Welcome, is an online meal planning, nutrition and exercise platform located online at LosersWelcome.com. The site offers these services via mobile and desktop applications. The term ‘‘Losers Welcome’ ‘Audiolife, Inc.’ ‘us’ or ‘we’ refers to, employees, contractors, and the owners of the website whose registered office is in the State and City of New York. The term ‘Service’ refers to the service we provide via the Losers Welcome website. The term ‘you’ refers to the user, subscriber, purchaser of our service, or viewer of our website.
Before using the services provided by Losers Welcome/ Audiolife, Inc. you expressly confirm that you accept all responsibility for using this site. Your use of the Losers Welcome site is at your own risk. You expressly agree to accept all liability related to your own health and welfare. Losers Welcome/Audiolife, Inc., it’s owners, affiliates, officers, and, or employees and contractors, do not assume any liability, or make any warranties express or implied, with respect to the services provided by this site or your use of service.
By using the Losers Welcome service, you consent to receiving this Agreement in electronic form. To withdraw consent, you must terminate your account.
If you have any questions regarding this agreement, you may contact us at [email protected]
Content of These Terms of Service
1.) Age restriction 2.) General Medical Disclaimer 2A.) “Consult Your Doctor”/Diet and Weight Management Disclaimer 2B.) ”Consult Your Doctor”/Exercise Disclaimer 3.) Accuracy of Information 4.) Your representations and warranties as a member 5.) Limitation of Liability 6.) General Disclaimers 7.) Membership Provisions 8.) Account Security 9.) Privacy/Consent to Contact and Cookies/Link to Third Party Sites 10.) Payments cancellations and refund policy
11.) Right to Account Deletion 12.) Indemnification/Hold Harmless 13.) License and Restrictions 14.) Third Party Links and Content 15.) Third Party Links and Acknowledgement of Copyright Law 16.) Submissions 17.) Arbitration Clause
1.) Age restriction:
You must be a minimum of 18 years of age to use the Losers Welcome Service.
2.) General Medical Disclaimer
It is important that you recognize that nothing contained on the Losers Welcome site or service is intended to substitute the advice of a medical practitioner.
There are two primary components to the Losers Welcome service, 2A.) a weight management/nutrition/meal planning component and, 2B.) a fitness/wellness/exercise component. Below- see disclaimers for each part of the Losers Welcome program.
2A.) Consult Your Doctor Before Using This, Or, Any Diet/Weight Management Program
With respect to the nutritional,weight loss, and meal planning component of the Losers Welcome service: It is imperative that you consult your doctor before starting a weight loss, weight management, nutrition, and meal planning program. This is especially important, if you have any health problems, special dietary needs, are diabetic, are nursing or pregnant, have pku, have, or, had a history of anorexia, bulimia, or any other eating disorder classification. Losers Welcome provides dietary guidelines only. The Service offered via the Losers Welcome program cannot be considered a replacement for a doctor’s specific recommendations based upon special dietary needs or health conditions.
2B.) Consult Your Doctor for Using This Or Any Exercise Program
Losers Welcome offers an exercise/wellness and fitness component as part of the Service. It is important that you understand that before starting this, or any other exercise program, you should always contact your physician to make certain you are cleared or healthy enough to engage in physical activity/exercise. Some individuals should refrain from using this site entirely. Individuals with chronic health issues including but not limited to; heart disease, high blood pressure, and those who have a family history of high blood pressure or heart disease should either refrain from using this site, or, receive express consent from their physicians before using the Losers Welcome program and service. Additionally, if you have experienced shortness of breathe, dizziness, or, have experienced chest pains when exercising, you should refrain from using this site, or, receive express consent from your physician before undertaking this or any other diet or exercise program. *It is important that you understand that the use of any information on this site or information provided by this service is “AT YOUR OWN RISK”.
*It is important that you recognize that nothing on this site is intended to take the place of a medical practitioner. The exercise component of this program is not intended to take the place of physical therapy.
3.) Accuracy of Information
The information on this site is continually being updated and Losers Welcome/Audiolife Inc., makes no warranty of any kind as to the completeness or accuracy, or appropriateness of this information for any purpose. No assurance is given that the
information given on this site will be the most complete, up to date, and latest development in the health and fitness industry.
4.) Your Representations and Warranties as a Member
In becoming a Member of LOSERS WELCOME with the intent of using the LOSERS WELCOME SERVICE, you affirm all of the following statements are true;
1.) You are not pregnant or nursing 2.) You have never lost your balance or experienced dizziness and you have never lost consciousness 3.) No physician has ever informed you that you should not be exercising 4.) No physician has ever informed you that you have a heart condition 5.) No physician has informed you that you should only do physical activities recommended by a physician 6.) No physician has informed you that you should refrain from physical activity for a specific duration of time, and, during that time you ‘sign up for’ or, are using the Losers Welcome service 7.) You have never felt chest pain when engaging in physical activity 8.) You have never experienced chest pain when not engaged in physical activity at any time 9.) You do not have an orthopedic issues, bone or joint problems that could be made worse by a change in your physical activity 10.) That you have not been recommended and prescribed physical therapy and are planning to use Losers Welcome service in place of physical therapy 11.) That you have not been referred to a nutritionist and plan on using Losers Welcome meal planning service in place of this recommendation 12.) Your physician is not currently prescribing drugs for your blood pressure or heart condition 13.) You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems 14.) You do not know of any other reason you should not exercise 15.) If any of the above conditions exist, your physician has specifically approved your use of Losers Welcome.
5.) Limitation of Liability
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO USE THIS SITE OR SERVICE, OR, USE ANY MATERIAL THROUGH THE SERVICE OR SITE.
To the fullest extent permitted by law: in no event shall Losers Welcome, nor its affiliates, owners, or employees or contractors, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses.
Losers Welcome, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Losers Welcome over the twelve (12) months preceding your claim(s).
6.) General Disclaimers
The use of the Losers Welcome Service is “at your own risk. Losers Welcome expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Losers Welcome makes no representations or warranties. We do not represent that the the Losers Welcome Service, or any particular fitness program is suitable for you.We do not represent that the Losers Welcome service is safe for any particular user. We do not claim, that the Losers Welcome Service will meet your personal, specific, or peculiar needs. We do not insure that the Losers Welcome Service will be permitted in your jurisdiction. We cannot guarantee, that the Losers Welcome Service will be uninterrupted or free of errors and omissions. We do not guarantee, that Losers Welcome service will continue to support any particular feature, video, or content at your time of subscription or any other time,(content and video may be change or removed). Additionally, we do not guarantee or make any warranties as to the services or sites outside of the Losers Welcome Service, even if linked to from the Losers Welcome Service.
Losers Welcome reserves the right to modify the Losers Welcome Service.
You are responsible for providing your own access to the Service. Losers Welcome does not provides computers, mobile devices, or an Internet connection. Losers Welcome has no obligation to screen or monitor any content and does not guarantee that any content made available on the Losers Welcome Service complies with this Agreement or is suitable for all users. Losers Welcome shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
If any other party gains access to your account and is able to view the Losers Welcome content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. Additionally, the owner of the account/subscriber, is responsible for all activities of the “non authorized” party. In other words, if someone uses your account and they get hurt, you could be held liable. It is a good idea to make sure that you protect your username and password and keep the subscription for your personal use only.
7.) Membership Provisions
In order to use the Losers Welcome service one must “Sign Up For”, “Order” or “Subscribe”. In order to effectuate an account, one must provide/ crate a username, password, offer an email address and a offer valid form of payment. You must provide complete and accurate registration information to Losers Welcome and notify us if your information changes.
Best practices for setting up and using your Username:
Usernames may not violate a third party right. You may not use a name attached to an identity if it does not belong to you. You may not use a name that is vulgar, obscene, racist, or is hurtful or discriminatory.
Non-Commercial Use: This Service is for personal use only. You may not use this site for commercial purposes. You may not market any service or product through this site to any member. You may not post on any Losers Welcome forum, blog or social page, any sales or marketing material, advertising or third party link.
You may not use any Losers Welcome forum, to harass, disparage, threaten or stalk any member or anyone that may use a Losers Welcome forum or blog.
8.) Account Security
You are responsible for all activity that occurs under your account/username, including any activity by unauthorized users. You are responsible to Losers Welcome as well as the party you allow to use your account. It is possible that one may use this account in an unauthorized manner. It is also possible that someone could get hurt and you would be solely responsible. You should not share your password with anyone. If you are using a community accessed computer, such as a shared computer at work or library, you must log out of your account after using the Losers Welcome Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at [email protected]
SECURITY and LIMITATIONS
All security on our Website is treated seriously. Where applicable, we undertake security steps, including use of SSL technology, on our back-end systems that store customer account information and to protect data transmissions. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures.
If you have any further concerns about security, please email our Customer Service team at [email protected]
9.) Privacy/Consent to Contact and Cookies
We may collect the following information:
name,contact information including email address, demographic information such as postal code, preferences and interests other information relevant to customer surveys and/or offers. What we do with the information we gather: We require this information to understand your needs and provide you with a better service for the following reasons. Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests. We may provide your information to our third party partners for marketing or promotional purposes.
Consent to contact: It is important that you recognize that you may be contacted from us via email, phone or text. The most expeditious and economical manner to do that is via email, therefore this may be more frequent. You may receive pertinent information related to our policies, or a new offering, or a third party contact. Additionally, the program does offer email alerts, but you also may be contacted by a member of our staff via email.
In some circumstances you may be contacted by phone or text. The program may offer text alerts, but you may be contacted by a member of our staff otherwise. In this case, the staff member will identify themselves and you will have the option to verify their identity. It may be a rare occasion, but we may do so related to any topic; account problems, billing problems, new offerings, o even promotions.
When you become a Member, you agree and consent to receive email messages, texts or phone calls, in addition to those that are purely program alerts.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
YOU CAN CHOOSE TO ACCEPT OR DECLINE COOKIES. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Limitations of Privacy (Links to other websites, or third party links)
10. Payments,Cancellations and Refund Policy
The Losers Welcome Service is a paid, auto-renewing subscription service. This is sometimes referred to as auto-billing or auto-pay. This is a convenient way of using the service we provide on a continuous basis. You will be billed initially, when you subscribe or sign up, then monthly, or at the end of your term until you cancel.
Month To Month
If you purchase a “month to month”, service, this means you will be billed immediately, or, as soon as you ‘sign up’, and, every month thereafter, on or about the monthly anniversary date of your initial ‘sign up’ or subscription. You will be billed on this schedule until you cancel your service.
Package Deals or Purchasing Multiple months
If you chose a “package of multiple months”, you will be billed in advance for the entire term, or multiple months, upon your initial purchase/subscription. At the end of the package term, you will be bill monthly at the renewal rate to which you agreed. Your new billing cycle will be on a month to month basis, until you cancel your service.
If you receive a Free Trail, you are agreeing to automatic billing at the end of the trial period. At the end of your trial you will be billed on a month to month basis until you cancel. In order to avoid being billed, you must cancel your subscription during your free trial and before your billing cycle begins.
Reminder for Autobilling/AutoRenew/AutoPay
In all cases, subscriptions and monthly billing of your account, will continue indefinitely until cancelled by you.Your Losers Welcome membership begins immediately upon collection of your personal data and payment information at checkout. Once billing starts you may cancel, however, this means that you will retain the service until the end of your billing cycle. There are no partial month refunds or credits.
If we attempt to bill your card or debit to your preferred payment method, in accordance with the agreement under which you subscribed, you are responsible for overdraft fees that would occur as a result of insufficient funds. You are also responsible for chargebacks to Losers Welcome/Aduiolife, Inc. that were made as a result of your error. Meaning, if you forget to cancel by your subscription/membership before the anniversary/billing date, and you are billed as a result and subsequently initiate a chargeback, you will be responsible for reimbursing Losers Welcome/Audiolife, Inc. for all chargeback fees as a result of your error.
Cancelling a Subscription
Losers Welcome makes it easy to cancel, simply login and edit your membership.
Cancelling a Free Trial/Example:
In order to avoid being billed, you must cancel your subscription during your free trial and before your billing cycle begins. If you cancel late, or after your free trial ends, you will be billed and will enjoy the service for the next month, until the beginning of the next billing cycle, at which point service will discontinue. Example: If your Free Trial ends on June 15, and you cancel on June 16th, you will be billed and will be able to enjoy the service until the beginning of your next billing cycle, at which point the service will end. These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.
Cancelling a Month to Month Subscription/Example:
If a customer billing cycle ends on June 15, one must cancel before June 15th in order to avoid being billed for the following month’s service. If customer’s billing cycle is June 15 and he or she cancels on June16th, he or she will be paid up until the following month’s billing term, at or around, July 15th at which point service and billing will cease. These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.
Cancelling a Package or Collection of Months Example:
If one buys a package, or a collection of months, and he or she cancels, he or she will enjoy the service until the end of the package term. Example: If a 3 month service agreement is paid for in advance and customers cancels after month 1, he or she would be paid up until the end of the 3 month term. The customer would still have use of the service until the end of the 3 month term in spite of cancelling only after 1 month.
There would be no refunds for time 2 months time remaining.These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.
No Partial Refunds
There are no partial month refunds or credits for months or days not used.
Authorization. When you sign up for our Service and provide a payment method to Losers Welcome, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE LOSERS WELCOME SERVICE, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, simply login and modify your account.
11.) Right to Account Deletion
Losers Welcome reserves the right to delete your account at any time for violations of the terms of service. If you breach any of the terms of service, we reserve the right to delete your account.
We may delete an account for which a user has not logged in for a continuous period of at least six months. We reserve the right to delete an account when payment expires, is withdrawn or ceases. If Losers Welcome deletes your account for any breach of terms of service, you may not re-register for the Losers Welcome Service. Losers Welcome is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect.
Upon termination, all licenses granted by Losers Welcome will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Losers Welcome shall not be responsible for the loss of such content.
12.) Indemnification/Hold Harmless
You agree to indemnify, defend, and hold harmless Losers Welcome and its owners, contractors, affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Losers Welcome Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Losers Welcome violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Losers Welcome reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Losers Welcome in connection therewith.
13.) License and Restrictions
License: You have a non exclusive license to use Losers Welcome for personal use according to the Terms of Service. You cannot use any aspect of the Losers Welcome program for commercial purposes.
You may not reproduce, download, use any content on this site other than for personal use. You may not post screen shots, you may not use any video, you may not reverse engineer, re-sell, any aspect of the Losers Welcome program.
Any And All Device Clause:
These Terms of Service, apply to any and all devices you use to access the Losers Welcome Program.
14.) Third Party Links and Content
If a third party link is offered in a blog or email, it is important that you recognize that Losers Welcome accepts no responsibility or liability for your activities once you leave the Losers Welcome site.
Losers Welcome/Audiolife, Inc. shall not be responsible for any dealings that you have with any third party. Welcome shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Limitations of Privacy(Links to other websites, or third party links)
15.) Intellectual Property and Acknowledgement of Copyright Law
All content on this site including including, text, commercials, photos, logos, and instructional videos are protected by copyright and trademark laws. All software that is used by this site is protected by intellectual property laws, copyright, patent and trademark laws. You many not reproduce, convert, or make public any material on this site. You may not download any videos or content on this site, or convert it to any format for personal or public use.
ANY DOWNLOADING OF THE CONTENT ON THIS SITE IS AN UNAUTHORIZED USE OF THIS CONTENT. YOU MAY VIEW THE CONTENT ON THIS SITE VIA THE SECURE PORTAL THAT IS PROVIDED TO YOU VIA YOUR USERNAME AND PASSWORD. REMINDER: YOU MAY NOT REPRODUCE OR DOWNLOAD ANY CONTENT ON THIS SITE. THE VIDEO CONTENT IS ONLY AVAILABLE FOR STREAMING. YOU ARE RESPONSIBLE FOR ANY VIOLATIONS THAT OCCUR THROUGH YOUR USERNAME AND PASSWORD, THEREFORE, YOUR LIABILITY EXTENDS TO THOSE WHOM YOU LET USE YOUR USERNAME AND PASSWORD.
YOU MAY DOWNLOAD THE APPLICATION ONE TIME, FOR PERSONAL USE, HOWEVER, YOU MAY NEVER DOWNLOAD THE CONTENT. EVERYTHING ON THIS SITE IS THE PROPERTY OF LOSERS WELCOME/AUDIOLIFE, INC.
Do not send unsolicited submissions to Losers Welcome. Do not send ideas to Losers Welcome. If you send pictures, such as before and after, or, post before and after pictures on social media, Losers Welcome/Audiolife, Inc. reserves the right to use these pictures and text worldwide with unfettered license and without any fees paid to you.
17.) ARBITRATION CLAUSE
IF YOU DO NOT AGREE WITH THIS ARBITRATION CLAUSE, DO NOT USE OR SIGN UP FOR LOSERS WELCOME SERVICE
With respect to any dispute or claim arising as a result of your dealings with Losers Welcome/Audio life, Inc., it’s owners, affiliates, contractors, or employees shall be resolved by binding arbitration. This arbitration would be presided by the Arbitration Association of America. You have the right and may bring an individual claim to small claims court. By Using, Purchasing, Subscribing, or Signing Up For, the Losers Welcome site or Service you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT (other than small claims court) to assert or defend any claims between you and LOSERS WELCOME/AUDIOLIFE, INC. or its affiliates, owners, contractors or employees.
You may not initiate or commence, or participate in any class action, class arbitration, or other action or proceeding against Losers Welcome/Audiolife Inc., or its affiliates, owners, contractors.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can generally in a more expeditious and efficient manner than a trial or court proceeding. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Losers Welcome/Audiolife, Inc. (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Losers Welcome/Audiolife Inc., shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Losers Welcome/Audiolife Inc., in exercising any right hereunder will waive any further exercise of that right. Losers Welcome/Audiolife, Inc. rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall insure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Losers Welcome’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Losers Welcome electronically. Losers Welcome may provide all such communications by email or by posting them on the Losers Welcome Service. For support-related inquiries, you may send an email to [email protected]
Nothing herein shall limit Losers Welcome ‘s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Losers Welcome on the Losers Welcome Site or a written amendment signed by an authorized representative of Losers Welcome . A revised Terms of Service will be effective as of the date it is posted on the Losers Welcome Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Losers Welcome/Audiolife, Inc. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
Losers Welcome Contact Address:
99 Wall Street
New York, New York 10005
Our email address is: