450 W. 33rd St.,
New York, NY 10001
Last Updated: August 21, 2023
Section 4 below sets out the terms governing any subscription you purchase. IF YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT NOOM’S THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL, DECIDE TO CANCEL YOUR SUBSCRIPTION, OR THE AGREEMENT IS TERMINATED. Additionally, in some states you might have a “cool off period.” For example, if you are a California resident and purchase a subscription and decide before midnight of the third business day following your purchase that you want to cancel your contract with Noom and receive a refund, you can mail a notice of cancellation to our support team.
- Order Acceptance and Cancellation. To purchase Products, you may be required to create an account. Upon receipt of your order, we may send you an email or other notification confirming receipt of your order. Unless expressly indicated in such communication, confirmation of your order is not acceptance of your order. Orders for Products are accepted when you receive notice (whether from Noom or the Vendor directly) that the Products have shipped. Generally, you may not cancel orders for Products once they are placed. If you have made a mistake and wish to request a cancellation, you should contact customer service immediately here. Once your order has been shipped, it can only be returned as set forth in Section 3.5 (Return Policy) below. Please note that Noom reserves the right to decline or cancel orders, in whole or in part, at any time, including after acceptance. Except for the refund obligation described below, we will have no liability for such order declines or cancellations or email notification failure. Noom may also limit the number of Products you are able to purchase at any given time or period.
- No Guarantee of Availability. Noom does not guarantee the uninterrupted availability or accessibility of the Noom Shop. Noom may terminate or restrict the availability of all or part of the Noom Shop or certain features thereof without notice at any time and for any reason, including to protect the security or integrity of the Noom Shop, our servers, or to carry out maintenance for the Noom Shop. Noom may, in its sole discretion, discontinue the Noom Shop or modify the features of the Noom Shop from time to time without prior notice.
- Accurate Information. You must provide valid, complete, and accurate information when placing an order, and it is your sole responsibility to make certain that such information is accurate. All names and addresses (including for shipping and payment) must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation, Noom will not be responsible or be obligated to offer any compensation to you whatsoever.
While we strive to provide accurate information, errors, inaccuracies, or omissions, including those that relate to pricing, Product descriptions, availability, and offers, may occur. We (and our respective Vendors) reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information is inaccurate at any time without prior notice, including after your order has been submitted. In the event we cancel all or part of an order, we (or respective vendors) will provide you with notice and, if payment has already been processed, a refund. We make reasonable efforts to display, as accurately as possible, the colors of Products that appear on the Noom Shop. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the color of the Product you selected to purchase.
- Prices and Orders. All Product prices listed on the Noom Shop are exclusive of shipping charges and local sales and use tax and other taxes or fees (where applicable). You will have the opportunity to review Product prices and the estimated sales tax, shipping, and handling charges prior to completing the checkout process. Except for sales tax, which is collected and remitted by Noom, prices for Products exclude all other taxes, duties, levies, fees, or other similar charges imposed on you by any taxing authority related to your order. You are responsible for payment of such taxes, duties, levies, fees, or other similar charges resulting from your order (other than sales tax and taxes imposed on Noom’s income) and we are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or charges. Noom agrees to furnish the Vendor with any resale certificate or similar documentation reasonably requested by Vendor to comply with applicable sales and use tax laws or to claim any available exemption from such taxes. Prices may change at any time, but changes shall not affect the orders for which we have sent an order confirmation email. All amounts are in U.S. dollars unless otherwise noted at the time of checkout.
- Fees. You agree to pay all fees and charges for any orders you place (including shipping and handling fees, as may be applicable). You agree that Noom, or our third-party payment service provider, may charge your payment method for all Product orders. If you use a credit or debit card, we reserve the right to verify the identity of the credit or debit cardholder by requesting appropriate documentation. We may seek pre-authorization of your payment method prior to your purchase to verify that the payment method is valid and has the necessary funds or credit available to cover your purchase. Your payment will be charged to your payment method once your order has been placed on the Noom Shop or the Noom Services. If non-payment occurs due to a failed payment method transaction, then we may terminate the applicable order. We use Shopify, Inc. (“Shopify”) as our third-party payment service provider for Products purchased from the Noom Shop. By purchasing a Product from the Noom Shop, you hereby consent and authorize our use of Shopify to process your payment. We disclaim all liability with regards to any fees or problems you have with our third-party payment service provider. Our third-party payment service provider and the payment methods we accept may change without notice.
- Title and Shipment. These Products shall only be available in the United States and its territories. Not all delivery options or Products are available in all areas. The risk of loss and title for Products you purchase pass to you upon delivery, up until which point such risk of loss and title for Products shall fall on the applicable Vendor fulfilling the Product order. Replacement of Products and refunds for shipped Products claimed as not received are subject to investigation, which may include notifying the carrier and such other requirements as may be specified on the applicable Product page. You will receive email confirmation(s) when your order ships. We do not allow address changes after we send email confirmation of your order shipment.
- Tracking your Order. When your order ships, Noom or the applicable Vendor will send you an email providing the shipment tracking number(s). To see the detailed progress of your shipment, click on the tracking number link provided in your email. Please note that tracking details may not be active immediately; in that case, check back in several hours or the following day.
- Returns, Refunds, and Exchanges Policy. Unless otherwise specified on a Product page on the Noom Shop:
- Products purchased via the Noom Shop or Noom Services may only be returned as follows:
- Defective Products purchased through the Noom Shop or Noom Services may be returned for a refund or, subject to availability of replacement, when returned within fourteen(14) days of delivery; and
- Products shipped in error may be returned within fourteen(14) days of delivery.
- Notwithstanding the above, you understand that certain Products sold via the Noom Shop and Noom Services are perishable by nature (including, without limitation, consumable products and testing kits), and Noom and Vendors cannot process the return of any such perishable Products. In the event that a replacement, refund, or exchange is issued in accordance with this Agreement, you will discard the current perishable Products. Customers who wish to return or exchange a perishable Product should place a new order for the desired item through the Services and contact Noom or Vendor support for a refund as applicable.
- Notwithstanding the above, you understand that certain Products sold via the Noom Shop and Noom Services are digital by nature (including, without limitation, virtual classes or digital gift cards), and Noom and Vendors will not process the return or refund of any such digital Products except as may be stated expressly on the applicable digital Product page
- To initiate a return for Products sold as described above, you must first contact Noom’s support team through through the “Contact Us” page on the Noom Shop website and engaging with Noom chat support (which provides access to all channels of support), which such requests shall be forwarded to Vendor for resolution as needed, or contact the Vendor’s support team as may otherwise described by Vendor directly on the Noom Shop, within fourteen(14) days of receipt of the applicable Product and follow the instructions provided by Noom or Vendor. Please note that Noom will not be obligated to accept returns for any Product more than fourteen (14) days after delivery. Unless otherwise indicated by Noom or Vendor, all returns must remain in the original packaging.
- Noom does not offer direct exchanges for returned Products via the Noom Shop or Noom Services. Customers who wish to exchange a Product should follow the returns process outlined herein and place a new order for the desired item through the Noom Shop or Noom Services.
- Except as stated above, all sales are final and Noom is not obligated to accept returns or provide refunds of Products for any other reason. Please note that Products damaged after delivery may not be returned. This Section 3 does not limit your rights under any warranty offered by a Product manufacturer or Vendor; you should follow the instructions in the corresponding Product warranty as may be specified on the respective Product page if you want to make a warranty claim against such Product manufacturer or Vendor.
- Noom reserves the right to deny a return of a Product sold via the Noom Shop or Services if Noom determines, in its sole discretion, that you are abusing Noom’s returns, refunds, and exchanges policy. For most authorized returns, unless you elect to have a replacement Product shipped to you (contingent upon availability), you will be refunded to your original payment method.
4. AUTOMATICALLY RENEWING SUBSCRIPTIONS
- Defined Terms.
- “Initial Subscription Period” is the first subscription period following the conclusion of a Trial or, if there was no Trial, the first subscription period following purchase of your subscription to a Service.
- “Subscription Charge” is the amount you will be charged for each Subscription Period, including any applicable taxes.
- “Subscription Period” is the period, measured in days, weeks, or months, of your subscription to the Service. If you sign-up for a subscription to any Service, your Subscription Period will be indicated at the time of sign-up.
- “Subsequent Subscription Period(s)” are the subscription periods following your Initial Subscription Period.
- “Trial” refers to an initial introductory period of access to one or more of the Service either for free, or for a Trial Charge.
- “Trial Charge” is the amount you will be charged for a Trial, including any applicable taxes.
- Subscriptions Automatically Renew. If you sign up for a Trial, and do not cancel your subscription during the Trial period, when your Trial period concludes, your Payment Method on file will be automatically charged for an Initial Subscription Period. At the conclusion of your Initial Subscription Period, and again at the conclusion of any Subsequent Subscription Period, your subscription will automatically renew, commencing on the first day following the end of such prior Subscription Period and your Payment Method on file will be automatically charged an additional Subscription Charge. This automatic renewal feature of your subscription will continue until your subscription is canceled. You agree that you must cancel your subscription, as set out in Section 4.3 below, to avoid being charged for your next Subscription Period.
- Canceling Auto-Renewal of Your Subscription. TO CANCEL YOUR SUBSCRIPTION, YOU MUST EITHER: (a) LOG INTO THE NOOM ONLINE SUPPORT PORTAL AND FOLLOW THE ON-SCREEN PROMPTS AFTER SELECTING “CANCEL SUBSCRIPTION”; OR (b) SEND THE MESSAGE “CANCEL” TO YOUR COACH USING THE IN-APP CHAT FEATURE IN THE APPLICATION AND FOLLOWING THE PROMPTS. If you cancel your subscription as described above, your subscription will not automatically renew for a Subsequent Subscription Period and you will not incur any further Subscription Charges for the subscription you have canceled, unless you reactivate your subscription. Except as set forth in Section 4.4, upon cancellation, you will still be able to use the Service for the remainder of your then-current Subscription Period but you will not receive a refund for any portion of your then-current Subscription Period.
- California Users: Rescinding Your Contract with Noom. If you are a resident of California, provided that no more than three (3) business days have elapsed since you signed up for your subscription, you may also rescind your agreement with Noom and seek a refund. Specifically, if you are a California resident, you may cancel your agreement without penalty or obligation, at any time prior to midnight of Noom’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement and receive a refund, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice must be sent to our customer service here. Note, if you cancel your agreement pursuant to the instructions in this section, Noom may terminate your access to the Service upon receipt of your cancellation notice.
- Trial and Subscription Charges. By subscribing to the Service, you authorize Noom to charge your Payment Method (as defined below) the applicable Trial Charges and/or Subscription Charges—including upon the start of your Initial Subscription Period and all Subsequent Subscription Periods. If Noom does not receive payment from your Payment Method for whatever reason, (a) you agree to pay all amounts due on your Account upon demand, and/or (b) you agree that Noom may either terminate or suspend your subscription and continue to attempt to charge your Payment Method for purchased Services until payment is received (upon receipt of payment, your Account will be activated and, for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You agree to pay all Trial Charges and Subscription Charges or other charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Unless you sign up through an App Store, you must provide Noom with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal or other account of a payment method (“Payment Method”) as a condition to signing up for the Service. Your agreement with the provider of the Payment Method governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities with respect to the Payment Method. By providing Noom with your credit card number or PayPal account and associated payment information, you agree that Noom is authorized to immediately charge your Payment Method for all fees and charges due and payable to Noom hereunder, including any applicable taxes, and that no additional notice or consent is required. You agree to immediately notify Noom of any change in your billing address or the credit card or PayPal account used for payment hereunder. Noom may also update your credit card details or other Payment Method information using information provided by our payment service providers. Following any such update, you authorize us to continue to charge the applicable method of payment. Noom reserves the right at any time to change its prices, refund policy, and billing methods subject to any obligations to provide notice of such changes under applicable law.
- Taxes. For purposes of this section, “Sales Tax” means any state and local sales or use tax, value-added tax, levies, duties, or and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. Prices displayed exclude taxes. If any Service, or payments for any Service, under the Agreement are subject to any Tax in any jurisdiction and Noom has not charged the applicable Tax, you will be responsible for the payment of such Tax and any related penalties or interest to the relevant tax authority. You agree to make all payments of fees to Noom free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Noom will be your sole responsibility. Upon subscription renewal, tax is subject to change in accordance with the prevailing tax rates, determined by the subscriber’s provided billing or home address.
- Refund Policy. Refunds will only be issued in the circumstances set forth in paragraphs (a) and (b) below. In all other instances, all fees and charges assessed by Noom are non-refundable.
- California Residents. Where California residents cancel their contract and seek a refund pursuant to, and consistent with, the instructions set out in Section 4.4 herein.
- Death or Disability. In the event of the death or disability of a user after the user has signed-up for a paid subscription, the user or the user’s estate may be relieved from the obligation to make payments under such subscription and will be entitled to a pro-rata, partial refund of the fees that were unused due to that user’s death or disability.
5. DISCLAIMER; LIMITATION OF LIABILITY
- Disclaimer of Implied Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, NOOM HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO PRODUCTS SOLD BY NOOM OR THROUGH THE NOOM SHOP, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY STATED ON A PRODUCT PAGE, THE PRODUCTS IN THE NOOM SHOP AND NOOM SERVICES ARE PRODUCED AND SOLD BY INDEPENDENT THIRD-PARTY VENDORS (“VENDOR PRODUCTS”). YOU UNDERSTAND THAT NOOM DOES NOT MANUFACTURE, STORE, OR INSPECT ANY OF THE VENDOR PRODUCTS SOLD THROUGH THE NOOM SHOP OR NOOM SERVICES. NOOM CANNOT AND DOES NOT MAKE ANY WARRANTIES ABOUT THE QUALITY, SAFETY, AUTHENTICITY, OR LEGALITY OF SUCH VENDOR PRODUCTS, AND OTHERWISE NOOM DOES NOT MAKE ANY WARRANTIES ABOUT THE QUALITY, SAFETY, AUTHENTICITY, OR LEGALITY OF PRODUCTS EXCEPT AS STATED ON SUCH PRODUCT PAGE ON THE NOOM SHOP. ANY CLAIM (LEGAL OR OTHERWISE) RELATED TO THE PRODUCT YOU PURCHASE MUST BE BROUGHT DIRECTLY AGAINST THE VENDOR OF THE PRODUCT. YOU AGREE TO RELEASE NOOM FROM ANY AND ALL CLAIMS RELATED TO VENDOR PRODUCTS SOLD THROUGH THE NOOM SHOP AND NOOM SERVICES, INCLUDING WITHOUT LIMITATION FOR DEFECTIVE PRODUCTS, MISREPRESENTATIONS BY VENDORS, PRODUCTS THAT CAUSED PHYSICAL INJURY OR DEATH, AND ANY OTHER PRODUCT LIABILITY CLAIMS.
- Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOOM WILL NOT BE LIABLE TO YOU ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY PRODUCT PURCHASED FROM NOOM VIA THE NOOM SHOP OR THE NOOM SERVICES FOR MORE THAN THE PURCHASE PRICE OF SUCH PRODUCT. FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE NOOM SHOP OR USE OF NOOM’S SERVICES, NOOM’S LIABILITY IS LIMITED AS SET FORTH IN NOOM’S TERMS AND CONDITIONS OF USE.
- Exclusions. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF DAMAGES IN THIS SECTION 4 SHALL NOT APPLY TO NOOM’S LIABILITY FOR (a) DEATH OR PERSONAL INJURY CAUSED BY NOOM’S NEGLIGENCE; OR (b) ANY INJURY CAUSED BY NOOM’S FRAUD OR FRAUDULENT MISREPRESENTATION. IN ADDITION, CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NOOM AND YOU.
- Resolving Disputes. If you have a problem with Noom that we can’t resolve, you and Noom agree that any dispute, claim, or disagreement arising out of or relating to Noom Shop will be resolved by individual arbitration (“Arbitration Agreement”). The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court. All other disputes must be arbitrated, which means you and Noom are each waiving your right to sue in court and have a court or jury trial.
- Informal Dispute Resolution. You also agree that you will try in good faith to resolve any dispute informally before filing an arbitration. To start the informal dispute process, you must send an individualized written notice (“Notice of Dispute”) to [insert address] that includes (1) your name, phone number and email address for your account, and (2) a description of the dispute and how you’d like it resolved. If we have a dispute with you, we will send a Notice of Dispute with the same information to the email address we have on file for your account. Once a complete Notice of Dispute has been received, the recipient has 45 days to investigate the claims. If either side requests a settlement conference during this period, then you and Noom must cooperate to schedule that meeting by phone or videoconference. You and Noom each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims asserted in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 45 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this section.
- What Arbitration Is. Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of the Purchase Terms and the termination of your Noom account.
- How Arbitration Works. Any arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. To initiate arbitration after the Informal Dispute Resolution process is complete, either you or we must file an arbitration demand with the AAA. You may serve us with any arbitration demand by mail to: 450 W. 33rd Street, 11th Floor, New York, New York 10001..If Noom has a dispute with you, we will send an arbitration demand to the email address on file for your account. Unless you and Noom agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA Rules. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to Noom Shop.
- Class and Representative Action Waiver. You and Noom agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and, except as provided in subsection 6 below (Batch Arbitration), Disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a final decision (after exhaustion of all appeals) determines that any part of this subsection is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).
- Batch Arbitration. To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of arbitration fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this subsection is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.
- Opt Out. You can opt out of this Arbitration Agreement within 30 days after you first accept the Purchase Terms. To opt out, you must send an email to [insert email address] with your name, the email address for your account, and a clear request to opt out of arbitration. If you opt out, neither Noom nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Purchase Terms (and any other agreements between us) will otherwise apply to you. If we update the Purchase Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.
- Non-Arbitrable Claims. Nothing in the Purchase Terms shall affect any non- waivable statutory rights that apply to you. To the extent any dispute regarding Noom or Noom Shop isn’t arbitrable under applicable laws or otherwise, you agree that the dispute will be resolved exclusively in accordance with the Purchase Terms. If you’re a consumer in the EEA, this section doesn’t apply to you.
We reserve the right to change, modify, add, or remove sections of these Purchase Terms at any time, in our sole discretion. You are responsible for checking these Purchase Terms for any changes whenever you use the Noom Shop or purchase a Product. When changes are made, we will make a new copy of these Purchase Terms available online via the Noom Shop, and we will also update the “Last Updated” date at the top of the Purchase Terms. We may also require you to provide consent to the updated Purchase Terms in a specified manner before further use of the Noom Shop (or certain functionality thereof) is permitted. By continuing to use or access the Noom Shop or otherwise purchasing Products after the posting of changes, you accept and agree to any such changes. IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE NOOM SHOP AND STOP PURCHASING PRODUCTS.