Secure Shopping
At YoDiet, complete security for customer transactions is our primary concern. With these measures in place, you can be confident in the security of the YoDiet website.
SSL Encryption: When we transfer sensitive personal information such as credit card information over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology, the industry standard method for computers to communicate securely without risk of manipulation or recipient impersonation. We utilize this encryption during the online checkout process, including the acceptance of your credit card information.
Payment by Credit Card: We are able to start your service within minutes of registration and payment. In the event your credit card cannot be verified or authorized, we will cancel your subscription until payment with a valid credit card is received.
While we make commercially accepted best efforts to maintain the security of customer transactions, its liability in cases of third party theft or misuse is limited to the funds which we have already collected in reference to the customer's most recent order.
Terms and Conditions
YoDiet offers this site to you under the following conditions. By visiting and/or using this site in any way, such as browsing or signing up to any of our services, you agree to these conditions. These terms and conditions may change with or without notice and are effective immediately upon being posted.
We offer all new customers a full money-back guarantee if they cancel their subscription within three days of registering. After the three-day window expires, customers may not cancel their subscription.
We reserve the right to cancel or modify any products or services for any reason at any time. The customer's sole remedy in case of cancelled service will be the refund of a pro-rata amount of any funds that we have collected in reference to the cancelled products and/or services, according to the time remaining on the subscription. Your continued use of the YoDiet Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by YoDiet, any new features, new services, enhancements or modifications to the YoDiet Service implemented after your initial access to the Service shall be subject to these Terms of Service.
We will always do our very best to ensure your service runs smoothly. However, customers may occasionally experience technical problems with their service, such as missed calls, poor-quality calls, calls on which a "press 1" or "press 2" is not registered, calls not arriving within the specified ten-minute window surrounding their requested call times, or missed emails. Please let us know if you experience frequent technical problems, by emailing help@yodiet.com.
Please review our Privacy Policy, which also governs your visit to this site. We grant you a non-transferable, limited right to access, use, and display this Web Site and the material provided for your personal, noncommercial use. All content on our site, including text, messages, ideas, recipes, icons, graphics, logos, images, and software is the property of our company or its affiliates and protected by United States and international copyright, trademark, trade secrets and/or proprietary rights laws. YoDiet, the YoDiet logo, and other YoDiet logos and names are trademarks of YoDiet. You agree not to display or use these trademarks or any text, messages, ideas, recipes, icons, graphics, logos, images, or software in any manner without YoDiet’s prior, written consent. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. The Web Site, or any part of it, may not be reproduced, duplicated, copied, imitated, sold, resold, or otherwise exploited for any commercial purpose without express written consent of YoDiet.
THIS SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OFFERINGS, OR SERVICES INCLUDED ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, BY YOUR OWN FREE WILL, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM THIS USE. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF WEIGHT LOSS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNCATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification: You agree to indemnify, hold harmless and, at our option, defend YoDiet and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Web Site or our products, services, or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Governing Law and Choice of Forum: You agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these and any dispute of any sort that might arise between you and us or our affiliates.
Eligibility: You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register for a YoDiet service. Some of the content on the Web Site may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing the Website. If you do not qualify, do not use the Service. YoDiet is currently only available to users in the United States of America (U.S.) and Canada, with a U.S. or Canadian phone number. By using the YoDiet Web Site and/or YoDiet Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
Health Disclaimer: YoDiet provides a weight loss service and content published over the Internet and is intended only to assist users in their personal weight loss efforts. YoDiet is not a medical organization and our staff cannot give you medical advice or diagnosis. YoDiet coaches are fictitious characters, and their calls are pre-recorded. Nothing in this Web Site should be construed as medical advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
We strongly urge you to seek the advice of a physician before starting any of our weight loss services. We urge you to get periodic medical checkups. This Web Site is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, nursing mothers, diabetics, bulimics, anorexics, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss program. If you are being treated for any illness, taking prescription medication, or on a therapeutic diet to treat a disease, it's important to get the approval of your physician before registering for a YoDiet service.
The YoDiet services are designed to help you lose weight by providing positive reinforcement for healthy and moderate eating and moderate exercise. However, we cannot guarantee weight loss or habit change. Weight loss should be limited to 2 pounds per week.
Registration and Security: In order to use or access some of the YoDiet Services, you may be required to register with YoDiet and to select a password and user name. If you register, you agree to provide YoDiet with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. YoDiet reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the YoDiet Service shall be for your personal use only. You agree to (a) immediately notify YoDiet of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
Links to Other Websites: Our Web Site may provide links to other third-party Web Sites which are outside our control and not covered by these terms and conditions. We encourage you to review the terms and conditions posted on these (and all) Web Sites.
Privacy Policy
Your privacy is very important to us. This privacy policy explains what information YoDiet collects, why we collect this information and how we use the information we collect.
YoDiet encourages you to periodically review this policy to learn how we are protecting your information.
How we collect and use information: You can browse our Web Site without providing any personally identifiable information about yourself. Personally identifiable information means any information that may be used to identify an individual, including, but not limited to, a first and last name; home, billing or other physical address; an email address; phone number(s); or a credit card number and expiration date. When you submit your personally identifiable information to us, you are giving us your consent to the collection, use and disclosure of your personally identifiable information as set forth in this privacy policy.
As a policy, YoDiet does not sell, trade or rent your personally identifiable information to third-parties, unless you have granted us permission to do so.
Communications: If you register for a YoDiet subscription service and/or the two-call free trial, and provide YoDiet with personally identifiable information, we will use your phone number and email address to contact you by phone, text, and email with information regarding YoDiet and its products and services, automated coach check-in calls, coach check-in emails, Funny Bone poems, your results, service offerings, promotions, surveys, contests, sweepstakes, product or service updates, and other information we believe may be helpful to you. Your personally identifiable information may also be used to improve and customize our Web Site's content, layout and services. These uses improve and customize our interactions with you.
If you contact a YoDiet representative and provide personally identifiable information or submit a request through our Web Site, we will use your information to respond to your request and to provide you with additional information that we believe may be helpful to you.
In addition to the uses set forth above, if you sign up to a service subscription with YoDiet, we will use your personally identifiable information confirm your order, prevent and detect fraud or abuse, respond to your requests or inquiries, provide you with other administrative information regarding your subscription and provide you with any other information we believe may be helpful to you.
Internal Use: We may compare and review your personally identifiable information for errors, omissions and accuracy. We may also use your personally identifiable information internally to improve our marketing and promotional efforts, Web Site content and product offerings. Your personally identifiable information may also be used internally to conduct internal research on our users' demographics, interests, behavior and generally to better understand and improve the usability, performance and effectiveness of our Web Site and our marketing programs.
Compliance with Law and Fraud Protection: We may collect and disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may collect and possibly share personally identifiable information and any other information available to us in order to investigate, prevent or take action regarding illegal activities, including suspected fraud, or as otherwise required by law. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
Partners, Affiliates, and Service Providers: We may share your personally identifiable information with authorized third party partners, agents and contractors. Examples of third parties that we may share your personal information with include: webhosting companies, web programmers and designers, hosted autodialer companies, loose, data analysis firms, affiliates, third party consulting or marketing firms and e-mail service providers. Additionally, if you use a credit card or other financing alternative to place an order with YoDiet, to confirm and process your order we will share your personally identifiable information with the credit card company or financing company. These third parties only receive personally identifiable information if such information is needed to perform their function(s), and they are not authorized to use any personally identifiable information for any other purpose(s) other than the purpose(s) set forth by YoDiet. We only provide third-parties with the minimum amount of personally identifiable information necessary to complete the requested service, product or transaction.
Feedback and Testimonials: If you provide feedback or testimonials about the Web Site, YoDiet, or YoDiet products or services, we may post this feedback or testimonial, including personally identifiable information, on the Web Site or in marketing and promotional materials. We may, by our sole discretion, edit feedback or testimonials for length and content.
Ideas or Suggestions: If you provide ideas and/or suggestions to us about the Web Site, YoDiet, or YoDiet products or services, those ideas and/or suggestions become the property of YoDiet.
Special Events: If you choose to participate in a special event (for example, a promotion, contest or sweepstake), YoDiet may share your personally identifiable information with those organizations participating in the applicable event. Typically, these third parties do not use your information for any other purpose other than to manage the event. In some cases these third-party partners may send you promotional materials regarding their products and services. In these cases, you will be given the opportunity to opt-out, and not have your personally identifiable information shared with that third-party partner.
Business Transfer: Your personally identifiable information may be disclosed as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which personally identifiable information would be transferred as one of the business assets of the Company.
International Transfer: Your personally identifiable information may be stored and processed in the United States or any other country in which YoDiet or its partners, affiliates, service providers, subsidiaries or agents maintain facilities and by using this Web Site, you consent to any such transfer of information outside of your country.
IP Address: When you visit our Web Site, YoDiet collects your IP address to assess, diagnose problems, and improve functioning of our Web Site, servers, and hosting providers as well as to analyze trends and traffic patterns, gather demographic information, and track the date, time, and duration of each session within our Web Site. Your IP address may also be used in combination with your personally identifiable information for credit fraud protection and risk reduction.
Use of Cookies: Like most websites, YoDiet requires Data Collection Devices, such as Cookies and Web Beacons, to function properly. In some instances, YoDiet may collect non-personally identifiable data through the use of cookies, web logs, web beacons and other monitoring technologies. Where authorized by us, third parties may use cookies, YoDiet 's web log files, web beacons and other monitoring technologies to compile aggregate statistics on YoDiet 's behalf to improve the usability, performance and effectiveness of our Web Site and marketing programs. We may share or transfer non-personally identifiable information with or to our affiliates, licensees and partners.
YoDiet Web pages may also contain electronic images know as Web beacons. These Web beacons allow YoDiet to count users who have visited certain Web pages or to deliver co-branded services. YoDiet may also include Web beacons in its email messages in order to determine whether the message has been opened or acted upon.
Additionally, YoDiet may use third-party advertising or content delivery companies to serve ads or images on our Web Site or on other web sites on the World Wide Web. These companies may use web beacons to place a persistent cookie on your computer. Doing this allows the third party to recognize your computer each time you visit certain pages or emails and compiles anonymous information. Information collected through these third-party advertising companies is anonymous.
Security: Your YoDiet account is password-protected. YoDiet tries very hard to protect our users' information. We limit the access to your information to those employees or contractors who need access to perform their job function such as our customer service personnel. If you have any questions about the security at our website, please contact us. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.
You hereby acknowledge that YoDiet is not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
Links to Other Websites: Our Web Site may provide links to other third-party Web Sites which are outside our control and not covered by this privacy policy. We encourage you to review the privacy policies posted on these (and all) Web Sites.
Your Consent to YoDiet's Privacy Policy: By visiting and/or using this Web Site in any way, you agree to YoDiet's privacy policy. This is our entire and exclusive privacy policy and it supersedes any earlier version. We may occasionally update this privacy policy. When a revision is made we will revise the "last updated" date on this page. YoDiet encourages you to periodically review this policy to learn how we are protecting your information. Your continued use of this Web Site constitutes your consent to this privacy policy and any updates.
Questions or Comments: If you have questions about this privacy policy or terms and conditions, please contact the YoDiet customer service department at help@yodiet.com.
Last update March 22, 2009.