Last Updated: August 21, 2018

These Terms of Use ("Terms of Use") govern your access to and use of the HMR Weight Management Program website (www.hmrprogram.com) (the "Website"), and the HMR Mobile Application (the "HMR Mobile App") (together, the Website and the HMR Mobile App are called the "Sites"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SITES. The Sites are intended for users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If you do not meet these requirements, you must not access or use the Sites.
BY USING THE WEBSITE OR THE HMR MOBILE APP, YOU ARE AGREEING TO THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HMR WEIGHT MANAGEMENT SERVICES CORP. ("HMR", "WE" OR "US"). If you do not want to agree to these Terms of Use, please do not access or use the Sites.
IMPORTANT INFORMATION: YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE STARTING ANY DIET OR EXERCISE PROGRAM. ANY DIET PROGRAM MAY POSE HEALTH RISKS IF NOT EVALUATED WITH YOUR CURRENT MEDICAL CONDITION AND SHOULD BE ASSESSED BY A MEDICAL PROFESSIONAL TO DETERMINE IF IT IS RIGHT FOR YOU.
Changes to these Terms of Use
We may modify these Terms of Use from time to time in our sole discretion. If we modify these Terms of Use we will post the revised version on the Website. You may access these Terms of Use at any time by clicking the Terms of Use link at the bottom of each page of the Website. These Terms of Use can also be found at any time by clicking on "Settings" in the HMR Mobile App. Please review these Terms of Use from time to time so you are aware of any changes. If you disagree with the changes, you must discontinue your use of the Sites, including purchase of HMR Products through the Sites and other activities available through the Sites. Your continued use of the Sites after the effective date of the changes signifies you agreement to the new or changed terms.
Privacy
All information we collect on the Sites is subject to our Privacy Policy. By using the Website or the HMR Mobile App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Licenses
Subject to these Terms of Use, HMR hereby grants you a limited, nonexclusive, nontransferable license (i) to access and use this Website, and (ii) (A) to install, access and use the HMR Mobile App on your mobile device, and (B) to access and use the content and services of the Website through the HMR Mobile App. The licenses granted hereunder are granted solely for your personal and noncommercial purposes. You acknowledge and agree that the HMR Mobile App and your access to the Website are licensed and not sold to you under these Terms. You do not acquire any ownership interest in the HMR Mobile App or the Website, and HMR reserves and shall retain the entire right, title and interest thereto, including all copyrights, trademarks and other intellectual property relating thereto, except as expressly granted to you under these Terms. The licenses granted to you shall automatically terminate if you do not comply with any aspect of these Terms of Use. You may not use, download, or export the Sites in violation of any applicable laws or regulations. You may not use the Sites in any manner that could damage, disable, overburden, or impair HMR servers or networks, or interfere with any other party's use and enjoyment of the Sites. HMR may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
Accounts
You do not need to register and create an Account (as defined below) to use the Website. For example, you may obtain information about HMR Programs, find a local independent HMR Program that is clinic-based or otherwise provides a "brick and mortar" program facility, use the "Contact Us" feature, sign up for marketing emails, inquire about becoming a licensed HMR Program provider, or make "guest" purchases of HMR Products, without an Account. In all of these cases, the information that you are asked to provide will be subject to our Privacy Policy. However, in order to use certain features of the Website, or to use the Mobile App, you will need to register as an authenticated user by creating a personal account ("Account"). To create an Account you need to provide your first and last name, email address, zip code, and create a login password. This information will be subject to our Privacy Policy. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN INFORMATION, WHICH IS PERSONAL TO YOU. YOU ARE ALSO RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE PURCHASE OF HMR PRODUCTS. You certify that all information that you provide to create your Account and in connection with your use of the Sites is true, accurate, current, and complete, and you agree to maintain and update your information to keep it true, accurate, current, and complete.
Purchase of HMR Products
Your purchases of HMR Products through the Sites are governed by additional terms and conditions which you will need to review and accept at the time of purchase. All descriptions of HMR Products and HMR Product pricing are subject to change at any time without notice, at HMR's sole discretion. HMR reserves the right to discontinue any HMR Product at any time. HMR may limit, at its sole discretion, the sales of its HMR Products or services, or quantities thereof, to any person, geographic region, or jurisdiction. HMR may exercise this right on a case-by-case basis. Any offer for any product or service made on the Sites is void where prohibited. If you elect to purchase HMR Products through the Sites, you agree to provide current, complete, and accurate purchase and account information.
HMR Remote Programs.
In addition to providing information to help you find local facility-based HMR weight-loss programs, the Sites offer you the opportunity to join HMR's Healthy Solutions at Home Program with weekly group phone coaching classes (the "Phone Program"), or you can use on your own the digital coaching support option available through the HMR Mobile App (collectively, the Phone Program and the digital coaching support option are referred to as the "Remote Programs"). The Sites also connect you with record-keeping resources to manage your diet and track your progress. If you sign up for any of the Remote Programs, you will be asked to accept certain additional terms and conditions that apply to that program ("Additional Terms"). The Additional Terms may be posted from time to time on the Sites. All Additional Terms are hereby incorporated by this reference into these Terms of Use. There are certain restrictions on person who should engage in the structured Remote Program options and this information is available in the HEALTH AND PRIVACY ACKNOWLEDGMENT. If you sign up for "auto delivery" of HMR Products as part of one of HMR's structured Remote Programs, you will be required to acknowledge your review and understanding of this important health information, including exclusions to participation in the Remote Programs for health-related reasons and also uses and disclosures of personal information made through the Phone Program.
Medical Information/Conditions
Health-related information changes frequently and therefore, information contained on the Sites may be outdated, incomplete or incorrect. Applying this information in a particular situation remains your responsibility, and you should consult a doctor or other qualified healthcare professional regarding any questions you have about your health or before making any decisions related to your health or wellness. If you are a doctor or other qualified healthcare professional, you should not allow the content of the Sites to substitute for your own medical judgment, which you should exercise in evaluating the information on the Sites. PLEASE DO NOT RELY ON THE SITES FOR ANY MEDICAL DIAGNOSIS OR TREATMENT RECOMMENDATION OR OTHER HEALTHCARE ADVICE. You expressly acknowledge and agree that HMR and its affiliates as well as its and their respective employees and suppliers are not responsible for the results of your decisions resulting from the use of the Sites, purchasing HMR Products, joining a Remote Program or choosing to seek or not to seek professional medical care. HMR and its affiliates as well as its and their respective employees and suppliers shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your use of the Sites or your reliance on the content of the Sites, including without limitation, your failure to timely read messages you may receive through the Sites. THE SITES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMNISTRATION OR ANY EQUIVALENT REGULATORY AUTHORITY IN ANY OTHER JURISDICTION. THE SITES ARE NOT INTENDED TO DIAGNOSE, TREAT, MITIGATE, ALLEVIATE, MONITOR, CURE, PREVENT, OR COMPENSATE FOR ANY DISEASE, CONDITION, INJURY, HANDICAP OR DISABILITY. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL.
Recipes and Resources Pages - Community Activities
HMR has created the "Recipes and Resources Pages" to share information and the experiences of the many people who have participated in HMR Programs, used HMR Products, or in some other way have brought, or would like to bring, HMR's approach to weight management and healthy lifestyles into their lives. You may view the Recipes and Resources Pages and share the content on these pages without creating an Account. However, you will need an Account and a Community Use ID with your first name and the initial of your last name - you may also provide a picture - in order to engage in certain activities on the Recipes and Resources Pages, such as posting, amending and deleting comments from time to time, to also amending and deleting those comments from time to time, "liking" content, and contributing to or starting Forums (collectively, "Community Activities"). Currently, the Recipes and Resources Pages are not allowing new user submitted recipes, success stories or articles, but the pages do contain many of these items we have brought over from past websites sponsored by HMR. The focus of the Recipes and Resources Pages is on building a relationship among HMR-connected people and those who many be interested in HMR to further our mission (to improve the health of others). As part of building an HMR community, you will have the opportunity to submit ideas for, and user-generated content on, HMR sponsored Forums, etc. It is our hope that you will get support from the HMR content and from the content submitted by other users. Keep in mind that any content that you post will be considered non-confidential and non-proprietary, and that you are granting to HMR an irrevocable, perpetual, royalty-free, worldwide, transferable license to use, reproduce, modify, display disclose, distribute, publish, and make derivative works from such content for any purpose. User-submitted content will be subject to review. In some cases, HMR may make minor edits. HMR will remove any user-generated content that it feels is inappropriate or conflicts with the rights of those who own such material. In doing so, HMR will use its own judgment consistent with the spirit of the Sites. We know that the vast majority of users understand the importance of demonstrating respect for others as part of using the Sites. Although we review user-submitted content on a regular basis, in the end, it is largely up to you, our users, to decide what is appropriate. In getting to know many of our HMR participants over the years, we are confident that you will use good judgment when contributing your thoughts, ideas, and experiences to the Recipes and Resources Pages and to the many people you will reach. Below are some common-sense "community etiquette" points and other advice for submissions:

• Respect the rights of others and their rights to privacy: If you identify third parties or minors (names, photos, videos or any other identifying information), check before making identifying references to them.
• Keep it clean and keep it calm: This is your community. Consider whether something you say may be hurtful or offensive to other people. We will remove any postings that include any vulgar, foul, or obscene language or imagery. Keep this in mind when posting content, photos, or videos. We want this to be a place where everyone feels at ease with the content.
• Courtesy: Community members include you and anyone who participates on this Website, as well as both HMR and HMR Program staff who are here to help you. Please be courteous to your Community users so that this remains a safe and enjoyable community.
• Consider whether something you discuss is confidential and avoid unnecessary discussion about more private or confidential information.
• If you do not own the material you post as a comment or in a Forum (for example, if you did not write it yourself), you must have permission to post it. Never post anything you know may violate a law or the rights of others (e.g., privacy and copyright laws).
• Don't pretend to be some other real person. Present truthful information about your own life and experiences.
• The Sites are not intended for non-Community users (such as promotion of your business, charity, commercial URL, or the promotion, sale, or auction of any products or services).

Please help us to maintain the standards of conduct for the Recipes and Resources Pages. If you see a post that appears to violate our community guidelines, please help by clicking on the "Contact Us" link at the bottom of any page. Your postings and other contributions will also be accessible by anyone using the Internet. Although you will have some control over editing and deleting comments as described immediately below, your posting is available to everyone once you submit it unless and until you modify it. Keep in mind that when you decide what you will post. We hope that you will use the Recipes and Resources Pages to help you by posing questions through the Forums and comments you make. If you have further questions, please use the "Contact Us" link at the bottom of every page. We hope you find these guidelines both helpful and reassuring as you participate in the Recipes and Resources Pages. Ultimately, we believe that your participation will enrich the Sites as well.
Copyright Complaints
We respect the intellectual property of others. If you believe that any user-submitted content may infringe your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is HMR's policy to terminate the Accounts of repeat infringers.
Proprietary Rights
The Website, the HMR Mobile App and their entire contents, features and functionality (including by not limited to all information, software, text, displays, images, video and audio, and the design, selections and arrangement thereof), and all Intellectual Property Rights relating thereto are owned by HMR, its licensors, or other providers of such material. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, rent, lease, license, sublicense, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, assign, reverse engineer, disassemble, modify, loan, export or otherwise attempt to derive source code, technology, or other materials from or relating to the Sites; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Sites; (iii) use the Sites to access, copy, transfer, transcode, or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter HMR's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Sites. You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on the Sites, whether or not appearing in large print, italics, or with the trademark symbol, are owned by HMR or its affiliated companies, or are used under license. The Sites may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of HMR and/or other parties. No license to, or right in, any such trademarks, logos, designs, slogans, trade dress, patents, trade secrets, technologies, products, processes, or other proprietary rights of HMR and/or other parties is granted to, or conferred upon, you under these Terms of Use. You may not distribute, modify, transmit, reuse, repost, or use the content of the Sites, including text, images, audio, or video content, for public or commercial purposes. You should assume that everything you see or read on the Sites is copyrighted and may not be used, except as expressly provided in these Terms of Use or in the text on the Sites, without the written permission of HMR. HMR neither warrants nor represents that your use of materials displayed on the Sites will not infringe rights of third parties not owned by, or affiliated with, HMR.
Links from the Sites
The Sites may contain links to other websites, applications, resources and content provided by third parties ("Third Party Materials"). These links are provided for your convenience only. HMR does not control nor assume any responsibility for Third Party Materials, including their accuracy, completeness, timeliness, validity, or any other aspect thereof. You agree that HMR shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such information or other content, or for the practices of any non-HMR site or resource operator, including with respect to the protection of personally identifiable information. Your use of such Third Party Materials shall be subject to the terms and conditions of use of the third party.
Updates
HMR may from time to time in its sole discretion update the Sites and/or the information contained on the Sites, which may include new features and/or functionality, upgrades, bug fixes, patches, and error corrections ("Updates"). Updates may also modify or delete certain features and functionality in their entirety. All Updates shall be subject to these Terms of Use. HMR has no obligation to provide any particular features or functionality and reserves the right to modify or deactivate the Sites, and and any material, services, or HMR Products provided on the Sites, in its sole discretion at any time without notice. HMR will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Sites, HMR Programs or HMR Products.
Disclaimers
The Sites may contain, use or present information derived from third party sources. The information contained on the Sites, including, but not limited to clinical references, images, tools and other related items, are intended to be used only as a reference resource and not as a complete reference. While care has been taken to confirm the accuracy of the information presented based on the sources used and, where applicable, to describe generally accepted practices, NEITHER HMR, NOR ITS RESPECTIVE LICENSORS, AUTHORS, EDITORS, REVIEWERS, CONTRIBUTORS AND PUBLISHERS ARE RESPONSIBLE FOR ERRORS OR OMISSIONS OR FOR ANY CONSEQUENCES FROM RELIANCE ON OR APPLICATION OF THE INFORMATION CONTAINED ON THE SITES AND MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CURRENCY, COMPLETENESS, USEFULNESS, OR ACCURACY OF THE CONTENTS OF ANY SUCH INFORMATION. HMR does not endorse and is not responsible for the accuracy of the content from non-HMR sources, or for practices or standards of non-HMR sources. THE WEBSITE, HMR MOBILE APPLICATION, HMR PRODUCTS, REMOTE PROGRAMS, AND CONTENT AND MATERIALS OFFERED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" AND ON "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THAT MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. HMR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (I) THAT THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITES WILL BE CORRECTED, (III) AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES (INCLUDING THIRD PARTY CONTENT), OR (IV) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Security
Although HMR uses industry standard security, no system can guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Sites, information will be transmitted over a medium that is beyond HMR's control and the control of HMR's suppliers. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data.
HMR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITES.
Limitation of Liability
HMR DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITES, ANY THIRD PARTY MATERIALS LINKED TO THE SITES, AND ANY CONTENT ON OR LINKED TO THE SITES, NO MATTER THEIR ALLEGED CAUSE NOR THEORY OF LIABILITY ON WHICH THEY ARE BASED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA OR BUSINESS OPERATION. IN NO INSTANCE SHALL HMR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES WHATSOEVER, IN CONNECTION WITH YOUR USE OF THE SITES OR THEIR CONTENTS IS LIMITED TO YOUR RIGHT TO STOP USING THE SITES. IF THE LAWS OF ANY JURISDICTION DO NOT ALLOW A COMPLETE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SUCH DISALLOWANCE SHALL BE APPLIED ONLY TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if know by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Termination
These Terms of Use constitute a binding agreement between you and HMR and will remain effective until terminated by you or by HMR, which may be done at any time. You may terminate this Agreement by ceasing to use the Sites. HMR may terminate the agreement with you set forth in these Terms of Use at any time without notice, including, without limitation, by ceasing to make the Sites available. Upon termination you shall cease to use and shall permanently remove or uninstall from your devices all copies of the HMR Mobile App in its entirety. Your rights under the licenses granted herein will terminate automatically without notice from HMR if you fail to comply with any of these Terms of Use.
Dispute Resolution; Arbitration
Most customer concerns can be resolved quickly by calling HMR's customer service team at 1-800-418-1367 or by using the "Contact Us" form at the bottom of any page. If any dispute arises between you and HMR concerning these Terms of Use or your use of the Sites, you and HMR shall first try to resolve the dispute through good-faith negotiations.
IF SUCH EFFORTS PROVE UNSUCCESSFUL, ALL CONTROVERSIES, CLAIMS, OR DISPUTES SHALL BE SUBMITTED TO BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION SHALL APPLY TO THE CONDUCT OF THE HEARING, WHICH SHALL BE HELD IN BOSTON, MASSACHUSETTS. THE GOVERNING LAW SHALL BE THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS. THE ARBITRATION AWARD SHALL BE FINAL AND BINDING AND MAY BE CONFIRMED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES SHALL BEAR EQUALLY THE COSTS OF THE ARBITRATION, BUT EACH PARTY SHALL PAY ITS OWN ATTORNEYS' FEES INCURRED IN CONNECTION WITH THE ARBITRATION OR THE CONFIRMATION OR ENFORCEMENT OF ANY AWARD. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE HMR PROGRAMS, THE HMR PRODUCTS, OR THESE TERMS OF USE MUST BE FILED WITHIN (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Force Majeure
No party shall be liable for a failure or delay in performing any of its obligations under these Terms of Use if, and only to the extent that such failure or delay is due to causes beyond the reasonable control of the affected party, including (i) acts of God; (ii) fire, explosion, or unusually severe weather; (iii) war, invasion, riot or other civil unrest; (iv) governmental laws, orders, restrictions, actions, embargoes or blockages; (v) national or regional emergency; and provided that the party affected shall promptly notify the other of the force majeure condition and shall exert reasonable efforts to eliminate, cure or over come any such causes and effects and to resume performance of its obligations as soon as possible.
Survival
Any provisions of these Terms of Use that by their terms or nature survive after you cease using the Sites or decide to terminate your Account, as well as the provisions of these Terms of Use concerning medical information/conditions, consent to collection and use of data, disclaimers of warranties, limitation of liability, indemnities, proprietary rights, dispute resolution, survival, and interpretation of these Terms of Use, shall remain in effect after you cease using the Sites, or decide to terminate your Account.
United States Government Rights
The HMR Mobile App and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the HMR Mobile App and related documentation are being licensed to United States Government end users (a) only as "Commercial Items," and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
Export Regulations
The HMR Mobile App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the HMR Mobile App to, or make the HMR Mobile App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the HMR Mobile App available outside the US.
General
You agree to access and use the Sites in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use the Sites for any illegal on wrongful purposes. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of HMR. HMR may assign these Terms of Use without your consent to a subsidiary, affiliate, or successor to all or a substantial part of its business and assets. Subject to the foregoing, these Terms of Use will inure to the benefit of and be binding upon the successors and permitted assigns of the parties. HMR may perform any of its obligations or exercise any of its rights under these Terms of Use through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with HMR). If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions of these Terms of Use shall remain in full force and effect. HMR's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of its right to enforce such right or provision. Section headings in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. These Terms of Use constitutes the parties' final, exclusive and complete understanding and agreement with respect to your use of the Sites and supersedes all prior and contemporaneous understandings and agreements, oral or written, between the parties (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software). In no event will any additional or inconsistent terms in any purchase order or similar document submitted by you modify the terms of these Terms of Use.
Contact Us
Should you have any questions regarding the Sites or these Terms of Use, please contact HMR at 1-800-418-1367 or click on the "Contact Us" link found at the bottom of every page of the Website. If you do not agree to be legally bound by these Terms of Use when you use the Sites, please do not use the Sites.

Last Revised: April 14, 2020

HMR Weight Management Services Corp. ("HMR" or "we") respects and is committed to protecting your privacy. This Privacy Policy ("Policy") describes (i) what information we collect from you as a user of the HMR Weight Management Program website (www.hmrprogram.com) (the "Website") and/or the HMR Mobile Application (the "HMR Mobile App"), (ii) how we use and share your information, and (iii) the choices you have about how we use and share your information. This Policy does not apply to information collected by HMR offline or through other means, or to information collected by any third party including (i) licensed providers of HMR weight management programs, and (ii) application or content providers that you may link to through the Website or the HMR Mobile App (together, the Website and the HMR Mobile App are referred to as the "Sites"). This Policy also contains a Notice at Collection as required by the California Consumer Privacy Act of 2018 as amended (CCPA) set forth in the next section of this Policy.

By using the Website or by downloading or using the HMR Mobile App, including when you use the Website or the HMR Mobile App to support your participation in an HMR Program, you agree to the terms and conditions of this Policy, so please read the Policy carefully. If you do not agree with this Policy, please do not use the Sites.

 

CCPA Notice at Collection

 

Under the CCPA and effective January 1, 2020, HMR includes this Notice at Collection (this "Notice") to inform residents of California and users of all states about the categories of Personal Information it collects about them and how such information is used. This Notice at Collection is intended to comply with the CCPA requirements for same and provide guidance to users who are residents of other states about Personal Information collected and its use in a summary form. Following this section there is more detail regarding Personal Information collected and uses and sources of same and the entire Policy should be read and understood. When HMR refers to "Personal Information" in this Notice and generally throughout this Policy it means any information that identifies, or is used by or on behalf of HMR to identify, an individual and is intended to include all categories of information identified in the definition of Personal Information under the CCPA.

What categories of Personal Information does HMR collect from Users of the Sites? HMR collects and creates, or may collect and create, the following categories of Personal Information about you and subject to the users you make of the Sites and the Personal Information you choose to provide:

• IDENTIFIERS: for example, common identifiers like your name, alias, signature, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address, credit or debit card information, sponsor codes from employer or health care provider, URL connecting you to local HMR Program or similar identifiers
• PROTECTED CATEGORIES: for example, if you are doing record keeping you may provide your age, gender, and "Medical Conditions" (like weight changes)
• PRODUCTS AND SERVICES PURCHASED, OBTAINED, OR CONSIDERED ON THESE SITES AND YOUR TENDENCIES, PREFERENCES, AND USER HISTORIES ABOUT OUR PRODUCTS AND SERVICES
• BIOMETRIC INFORMATION: for example, you may decide to include a picture that accompanies your Community ID
• INTERNET ACTIVITY INFORMATION: for example, browsing history, search history, and your interaction with other websites, applications, or advertisements
• INFERENCES DRAWN from one or more of the categories above, for example, in order to create a profile about you reflecting your preferences, characteristics, predispositions, and behaviors
• PROTECTED HEALTH INFORMATION: in limited cases, this Site may collect Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 as amended ("HIPAA") in its role as a "Business Associate" of one or more "Covered Entity Health Care Providers" (also as defined under HIPAA). PHI is excluded from regulation under the CCPA and is regulated under HIPAA and, for California residents and, in some cases for residents of other states, under applicable state privacy laws. Neither this Notice at Collection nor this Privacy Policy attempts to describe how PHI is collected, used, disclosed, and disposed of by this Site or HMR as a Business Associate. Such information may be obtained from your health care provider through its "Notice of Privacy Practices" and other information it may provide to you.

For what purpose does HMR use each category of Personal Information that it collects or creates? HMR uses your Personal Information in a number of ways:

• HMR uses one or more Identifiers you provide us for all uses of your Personal Information that it employs. You may limit your use of the Sites and consequently limit the Personal Information that you provide and that HMR collects and uses. These uses (and potential uses) are as follows and are described in more detail later in the Policy:
  • Creating an Account for you on the Website and/or the HMR Mobile App
  • Supporting your navigation and general use of the Sites
  • Helping you track your weight management progress and behavior/lifestyle modification
  • Helping you use and enhance our Recipes section and other Resources we provide
  • Collecting and processing Survey Responses from you
  • Supporting your participation in the HMR Phone Program
  • Fulfilling requests you make to HMR
  • Sending you confirmations, notifications, and administrative communications as needed
  • Market Analysis
  • Improving our operations and services for the Sites and to provide you with a better experience when using the Sites
  • Conducting internal business purposes and compliance auditing
  • Reports to your local HMR Program when you become "associated" with such local program through registering your "association" on the Website
  • Reports to your employer or health care provider through using a code or other identifier to register your employment or healthcare relationship with such sponsoring employer or health care provider
  • In some cases you may provide a testimonial, social media posting, or other narrative about your experience with HMR and in such cases we will obtain a direct consent from you allowing us to use your personal experience statement. Sometimes the consent will include additional descriptions of how we may use such Personal Information in promoting HMR. In general and unless otherwise stated in any separate consent form, you should expect HMR to use your personal experience statement or other Personal Information you provide in any media format, including without limitation any or all of the following: website quotes, images, and success story content, interviews, newsletter articles, advertisements, education and research in the field of weight management, videos, photographs, TV and radio broadcasts, newspaper/magazine articles, training and marketing presentations, online and streaming presentations, Facebook, Instagram, YouTube and all other forms of social media.
  • If you participate in the Phone Program, Personal Information will be used described in that section below.

Beyond the "identifiers" category of Personal Information, HMR uses other categories of Personal Information listed above selectively to support the uses described above from time to time and these uses tend to match the type of category used. For example, HMR relies on your Purchase history, Internet Activity Information, and Inferences drawn from these activities to determine what changes it might make with respect to our meal replacement products, our weight management tools, and delivery of our weight management programs. It will also use this information to help support meal replacement choices for recurring purchases by auto delivery users. A more complete description of all the uses of your Personal Information is included in the next sections of the Policy - please read this Policy in its entirety to learn more.

This Notice at Collection is included as part of the Privacy Policy of this Website and the HMR Mobile App - click here to return to the beginning of the Privacy Policy. 

END OF NOTICE AT COLLECTION
PRIVACY POLICY CONTINUES

Processing of Personal Information in the United States

As stated in the Terms of Use for the Website and HMR Mobile App, the Website and HMR Mobile App are intended for use by residents of the United States, its territories and possessions who are at least 18 years old. Please do not use the Website if you are located outside the United States, its territories and possessions, or if you are under 18 years of age. By using the Website or the HMR Mobile App, you are deemed to understand and unambiguously consent to the collection and processing of your Personal Information in the United States, with the awareness that the laws of the United States may not provide as much protection for Personal Information as the laws of certain other countries or territories.

INFORMATION WE COLLECT

When you use the Website or the HMR Mobile App, we collect certain information from you, including certain Personal Information. "Personal Information" as used in this Policy means any information that identifies, or is used by or on behalf of HMR to identify, an individual and is intended to include all categories of information identified in the definition of Personal Information under the California Consumer Privacy Act of 2018 (CCPA).

The categories of Personal Information that HMR collects and uses are listed above in the Notice at Collection. Set forth below is additional information about the Personal Information collection process and why HMR collects your Personal Information in each case.

What are the sources from which HMR collects Personal Information?
HMR collects your Personal Information in two ways: You provide us with almost all of the Personal Information collects about you. The other way in which HMR collects and creates Personal Information about you is "passively" when you use the Sites and from your use of the Sites. Please read the following sections to learn more. IT IS IMPORTANT THAT YOU UNDERSTAND THAT YOU ARE NOT OBLIGATED TO PROVIDE HMR WITH ALL OF THE PERSONAL INFORMATION HMR POTENTIALLY COLLECTS FROM ITS USERS IN ORDER TO USE THE SITES - IN MANY CASES YOU WILL ONLY NEED TO PROVIDE PERSONAL INFORMATION THAT SUPPORTS A PARTICULAR USE OR USES OF THE SITES THAT YOU WISH TO MAKE.

Personal Information You Provide To Us and Key Uses By HMR To Support Your Use Of The Sites

We collect information that you provide to us in order for you to use certain features on the Website, or to use the HMR Mobile App, as follows:

Account Creation: When you register and open an HMR account ("Account"), we only require you to provide your first and last name, email address, and a password that you create. In addition, if you are participating through an employee, health care provider or other wellness-type program and are provided with a referral code and an ID for such participation, we will collect this information from you as part of your registration. We may also collect information that identifies you as "associated" with your local HMR Program as part of account creation or modification if you choose to register with a URL provided by the local HMR Program or otherwise request information about a local HMR Program as part of your account registration or update.

Using the Website without an Account: When you navigate and access the Website without opening an Account, you can take advantage of certain specific interactive uses, such as "guest" purchases of HMR Products or "clinic inquiries" to help you find a local HMR Program. You may also subscribe to emails from HMR, share material on the Recipes and Resources Pages, take advantage of the "Contact Us" feature, request information about starting an HMR Program or learn more about HMR. When using the Website without creating an Account you will be asked to provide Personal Information or business information if you are a business to allow HMR to perform the activity or provide the information you request, and you will be added to one or more HMR databases for future communications.

Purchase of HMR Products: When you order HMR meal replacement products ("HMR Products") through the Website, or through the HMR Mobile App, we ask you to provide certain information, including shipping information, credit and debit card or other payment information, and in the case of our "auto delivery" service, related information such as food preferences.

Tracking Weight Management Progress: If you choose to use the HMR Mobile App to track your weight management progress and related information, we will ask you to provide your telephone number, birth date, weight, height, gender, diet, exercise and weight-loss goals. This information may also be input by an HMR program coach after receiving it from you and used as described below.

Recipes and Resources: If you use the HMR "Recipes and Resources Pages" and wish to make comments on or "like" recipes, success stories, articles, and other posts, or contribute to Forums or start Forums you must first create an Account, after which you will be assigned a Community ID consisting of your first name and last name initial (you may also provide a picture which is optional). Keep in mind that your Community ID is visible to all viewers and you determine what Personal Information you share publicly with anyone who views these resources.

Survey Responses: If you choose to reply to a survey on the Website, we or our third party service providers may request Personal Information such as your email address. Such third party service providers are obligated by contract to use your Personal Information only for the purpose of performing services for us.

Phone Program: If you do participate in the HMR Healthy Solutions Program with phone coaching (the "Phone Program"), HMR will also collect additional Personal Information as described below in IMPORTANT DISCLOSURES REGARDING THE PHONE PROGRAM.

Personal Information Collected Passively and How HMR Uses It To Support The Sites and Your Use Of The Sites

As you navigate around the Website or use the HMR Mobile App, we use various technologies to passively collect (that is, gather without you actively providing the information) certain information. We and our third-party service providers passively collect and use this information in a variety of ways, including:

Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, and Internet browser type and version. We may collect similar information, such as your device type and identifier, if you access the Website through a mobile device.

Using cookies: Cookies are pieces of information stored directly on the device you are using. Cookies allow us to collect information such as browser type, time spent on the Website, pages visited, and language preferences. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Website. We also use cookies to recognize your computer or device, which makes your use of the Website easier, such as to remember what is in your shopping cart. In addition, we use cookies to gather statistical information about Website usage in order to continually improve its design and functionality, understand how individuals use it, and to assist us with resolving questions regarding it. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Website. We may also use cookies in online advertising to track consumer responses to our advertisements.

You can refuse to accept these cookies by following your browser's instructions; however, if you do not accept them, you may experience some inconvenience in your use of the Website. You may also not receive advertising or other offers from us that are relevant to your interests and needs. To learn more about cookies, please visit http://www.allaboutcookies.org/

Using Flash cookies: Our Website uses Adobe Flash technology (including Flash Local Stored Objects ("Flash LSOs")) which allows us to, among other things, serve you with more tailored information, facilitate your ongoing access to and use of the Website, and collect and store information about your use of the Website. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as "information" on the Macromedia Website), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Website or our online content.

Using pixel tags, web beacons, clear GIFs, or other similar technologies: These may be used in connection with some Website pages and HTML-formatted email messages to, among other things, track the actions of Website users and email recipients, measure the success of our marketing campaigns, and compile statistics about Website usage and response rates.

Online behavioral advertising: The use of cookies, pixel tags, web beacons, clear GIFs, or other similar technologies allows our third-party vendors to deliver advertisements about our products and services when you visit the Website or other websites or web properties across the Internet. These vendors may place pixel tags, web beacons, clear GIFs, or similar technologies on the Website and other websites or web properties, and also place or recognize third-party cookies when you visit the Website or other web properties. They may use information about your visits to the Website and other web properties to provide advertisements about goods and services that may be of interest to you. 

IP Address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP Address is identified and logged automatically in our server log files whenever a user visits the Website, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many Websites. We use IP Addresses for purposes such as calculating website usage levels, helping diagnose server problems, and administering the Website.

Device Information: We collect a unique device identifier for your mobile device, which enables us to identify your device for purposes of sending you certain notifications (for example, weekly weigh-in reminders).

WHAT OTHER WAYS DOES HMR USE THE PERSONAL INFORMATION COLLECTED THROUGH THE WEBSITE AND/OR THE HMR MOBILE APP?

Use of Personal Information we collect was itemized in the Notice at Collection at the beginning of this Policy. Some of the more obvious uses were described above (e.g., account creation) and uses associated with "passive" collection of Personal Information were also described above. This section is intended to provide additional description and identify other uses of your Personal Information collected by HMR:

• To fulfill your requests. We will use Personal Information you provide in order to fulfill the purposes for which you are providing the information, such as to fulfill any orders you request, to send you information you may request about our products and services, including in the form of newsletters, videos, emails, and other resources you have requested. 
• To send you confirmations, notifications, and administrative communications. We will use your Personal Information to help to manage and maintain your Account and the interactive uses you select, and to send you important information, such as order confirmations, updates on order status, changes to our terms, conditions, and policies and/or other administrative information, and to enable us to send certain notifications to your mobile device. If you use this Website and/or the HMR Mobile App to keep weight-loss and lifestyle records, we may follow your progress from time to time and send you motivational and similar emails in an effort to maximize the digital support you receive as part of the HMR Program experience, including emails to celebrate successes such as weight-loss milestones and custom content tailored to your needs and interests. If you are in the Phone Program and have an HMR Health Coach, she or he will also utilize the information that you provide in these records as part of the support they provide in and outside of Phone Program group classes.
• To improve our operations and services. We may use Personal Information you provide, as well as the non-personal information gathered passively to customize and personalize certain of HMR's online resources and communications for you. For example, HMR may use your Personal Information to remember your personal preferences and selections; confirm whether you have read or clicked on certain email communications we send to you; and to identify additional services and promotions for you. 
• To provide information about HMR Products and Services. We may add Personal Information we collect from you to one or more HMR email and other databases to contact you from time to time with information about HMR, the HMR Programs, HMR Products, and offer additional services and promotions that we believe you might find interesting. We will add you to such databases when you make purchases, create an account and/or opt-in to receive email communications. 
• For internal business purposes. We also may use Personal Information about you for our internal business purposes, such as to conduct data and Website usage analysis in order to enhance the design and functionality of the Website; to evaluate options for developing new products and improving our services; to conduct market research for improving and developing the HMR Programs and the content we use to promote and offer the HMR Programs; and to determine the effectiveness of our promotional campaigns. These uses may also include data analysis, audits, developing new products, enhancing our website, improving our products and services, identifying Website and HMR Mobile App usage trends, and determining the effectiveness of our promotional campaigns. 
• Compliance Auditing. HMR may also use Personal Information to audit its online resources for authorized access and security.
• Reports to Your Local Program or Sponsor if you are "Associated" with the Program or Sponsor. Your local HMR Program or other independently owned and operated HMR Program with which you have a relationship ("Your HMR Program") may provide you with a URL to register your "association" with Your HMR Program on this Website, either through a Client Association Form ("CAF") or directly by bringing you to this Website (Digital Pathway) as part of participating in a Remote Program or otherwise setting up an account on the Website. In some cases these URLs may be provided as part of entering an HMR-sponsored sweepstakes and in other cases Your HMR Program may register your "association" on your behalf pursuant to a consent form or email through which you authorize them to do this. Some "sponsoring" employers and health care providers may also use the sponsor code you are given to use when registering for a Remote Program as a means by which to "associate" you with them in connection with your use of this Website. Additionally, if you elect to receive information directly from Your HMR Program when you come to this Website on your own or through a link provided by Your HMR Program, you will also be "associated" with Your HMR Program. HMR may also "associate" you with Your HMR Program to the extent you indicate that you have participated in, or connected with, Your HMR Program in the past when communicating with HMR through other means such as entering an HMR-sponsored sweepstakes. When you become "associated" with Your HMR Program, HMR will identify you as such and will provide Your HMR Program with confirmation that you have become "associated" and will additionally provide compensation for any purchases of HMR Products that you may make on this Website or through third party channels acting as selling agents for HMR Products like an independent website and related information about your purchases, including amounts and type of product purchased and programs joined. "Association" will also allow HMR and Your HMR Program to provide more targeted and relevant emails and other Website features and communications to you that may enhance your experience with Your HMR Program, this Website, and your use of HMR Products.

Consistent with the terms of this Policy and other applicable privacy notices we have provided, in some cases HMR consolidates and analyzes Personal Information it collects through the Website with information collected through other channels, such as telephone calls, surveys, other websites, and other online resources and communications, in order to enhance the quality of services that we offer.

In some cases, HMR may deidentify Personal Information to create data sets about users of the Website and/or HMR Mobile App for any of the purposes listed above. "Deidentified information" is information that HMR reasonably believes does not contain any personally identifying information about you or any other person and is also intended to meet the definition of deidentified information as provided in the CCPA. If we combine information that is not personally identifiable information with information that is (such as combining your name with your geographical location), we will treat the combined information as Personal Information as long as it is combined.

WITH WHOM DOES HMR SHARE PERSONAL INFORMATION IT COLLECTS THROUGH THE WEBSITE OR THE HMR MOBILE APP?

With what categories of third parties does HMR share your Personal Information?
HMR shares your Personal Information with third parties who provide services and support HMR including, for example, advertising networks, systems integrators, internet services providers, app developers, data analytics providers, operating systems and platforms, social networks, employers and health care providers that sponsor health initiatives/wellness plans or similar programs, its licensed program accounts when you are "associated" with a local HMR Program and with third party "observers" of the Phone Program as detailed in the Phone Program section below.

HMR HAS NOT SOLD ANY PERSONAL INFORMATION WITHIN THE PRECEDING 12 MONTHS IN ANY CATEGORY OF PERSONAL INFORMATION TO ANY THIRD PARTY LISTED ABOVE OR OTHERWISE.

A more specific description of Personal Information sharing with third parties follows.

We may share the Personal Information we collect through the Website or the HMR Mobile App in the following circumstances:

• With third party vendors who provide services to assist our operations, such as to help process your orders for HMR Products and to deliver those HMR Products to you, to facilitate our communications with you, to respond to your inquiries and comments, and to maintain, improve and enhance the functionality of the Website and/or HMR Mobile App. In the case of a "guest" purchase of HMR Products, HMR will maintain credit or debit card information only long enough to process your order and close out any order management. If you sign up for HMR's "auto delivery" service, your credit/debit card information is processed and maintained by a third party service provider. Our Service Providers and other third party vendors are contractually bound to keep your Personal Information confidential and to use it only for the purposes for which we disclose it to them.
• If you use an interactive feature on the Website without creating an Account, we may provide your Personal Information to third parties to fulfill the purpose for which you provided the information. For example, we will provide your contact information to a local HMR Program (Your HMR Program) if you elect to receive information from Your HMR Program when you come to this Website or through a link provided by Your HMR Program. Your HMR Program will then contact you with information about their program and services as they determine. If you submit your personal information in this way, we will also "associate" you with Your HMR Program and share information regarding your purchases of HMR Products with Your HMR Program as described above.
• If you register your "association" using a URL provided by Your HMR Program through a CAF or by connecting to the Digital Pathway, or, in some cases, through a sponsor code or authorization you provide to Your HMR Program giving them permission to register your "association" with them, all as described above, including through an entry in HMR-sponsored sweepstakes, we will share your name and product purchase information with Your HMR Program or sponsoring employer or health care provider and related information about any program option you may have selected. Also, if you indicate in other communications with HMR, such as part of entering an HMR-sponsored sweepstakes, that you have participated in, or connected with, a local program, we will "associate" you with that program (Your HMR Program). In all such cases, you will be identified as "associated" with the local program (Your HMR Program) that provided the URL or your sponsoring employer or health care provider bringing you to the Website, or the local program in which you indicated you had participated or with which you had connected.
• In some cases, your requesting information about a different local program or placing an order for HMR Products using the Digital Pathway may result in your becoming "associated" with a new local HMR program. If you have any questions about becoming "associated" or changing your "association" please contact us by phone at 1-800-418-1367 Monday - Friday, 9:00 am - 6:00 pm (Eastern).
• With third parties for business reasons in the event HMR determines to reorganize or divest its business through sale, merger, or acquisition, in which case your Personal Information may be shared with actual or prospective purchasers who have agreed to keep such Personal Information confidential and use it only for the purposes for which we disclose it to them.
• To comply with any court order, law or legal process, or to respond to any government or regulatory request.
• With your consent.

WHAT CHOICES DO YOU HAVE ABOUT HOW HMR COLLECTS, USES, AND DISCLOSES PERSONAL INFORMATION?

Submitting Information: You may choose not to submit Personal Information to HMR online by electing not to enter any Personal Information into a form or data field on the Website. You may also elect not to create an Account or use the HMR Mobile App. However, you should be aware that some of the online resources available on the Website are available only to individuals who provide Personal Information, and you will not be able to use the HMR Mobile App without providing Personal Information.

Limiting Uses and Disclosures of Information Collected: If you do submit your Personal Information to us, you can limit certain uses of the Personal Information by selecting among options provided with respect to such use, either at the time you enter the information or at a later time. For example, if you have signed up to receive optional email communications, you may opt out of receiving such communications from us in the future by visiting the Website or other online resource where you subscribed (where available), and updating your email communication selections, or you may follow the unsubscribe or opt-out instructions in the email communications you receive form us. You also may opt out by contacting us using our contact information provided below.

If you do not want us to verify whether you have received or opened email communications we have sent to you, you should opt out of receiving those email communications altogether (using one of the approaches described above), because in some cases we may not be able to turn off email verification.

Limiting Tracking Technologies: You can control the use of certain tracking technologies, such as cookies, through most Internet browsers. Some Internet browsers enable you to limit or disable the use of cookies for individual websites; other browsers allow you to select cookie settings for all websites that you visit. You can check your Internet browser to see how your cookies settings can be controlled. You should be aware, however, that if you limit or disable cookies, certain functions of the Website may not work properly.

If you would like to opt out of the cookies used by other companies who deliver email communications on our behalf or place HMR advertisements on other websites, you may do so by following the options provided by the Network Advertising Initiative here.


YOUR RIGHT TO REQUEST INFORMATION THAT HMR HAS COLLECTED, USED, AND DISCLOSED ABOUT YOU

The following right is extended to all residents of California in accordance with the California Consumer Privacy Act of 2018 as amended (CCPA).

You have a right to request that HMR disclose to you what Personal Information HMR collects, uses, and discloses about you. HMR does not sell your Personal Information. In order to request such information, you need to complete a request form through this link, click here, or call this toll-free number 800-418-1367 and speak with one of our representatives between the hours of 9:00 am - 6:00 pm Eastern time, Monday-Friday, excluding holidays. The form will include instructions for completion of your request and the phone representative will also provide instructions and guidance the help you submit your request. You have the right to make this request through an agent as described below.

When you make a request we will require verification of your identity. In most cases you will be asked only to provide your name and email address. In some cases, we may ask you to provide additional information or elect to use third party verification if we are experiencing difficulty verifying your identity from the information we maintain or due to the specificity of the information requested. We may also ask you to provide an affirmative declaration to validate your identity in certain cases. If we have no reasonable method by which to verify your identity to the degree of certainty required by the CCPA we will inform you of same.

YOUR RIGHT TO REQUEST THAT HMR DELETE PERSONAL INFORMATION ABOUT YOU THAT HMR HAS COLLECTED OR MAINTAINS

The following right is extended to all residents of California in accordance with the California Consumer Privacy Act of 2018 as amended (CCPA).

You have a right to request that HMR delete Personal Information HMR has collected or maintains about you. In order to request such information, you need to complete a request form through this link, click here, or call this toll-free number 800-418-1367 and speak with one of our representatives between the hours of 9:00 am - 6:00 pm Eastern time, Monday-Friday, excluding holidays. The form will include instructions for completion of your request and the phone representative will also provide instructions and guidance the help you submit your request. When you submit a Request to Delete online, you will be asked to confirm that you wish to have your Personal Information deleted following the submission of your Request. You have the right to make this request through an agent as described below.

When you make a request we will require verification of your identity. HMR will verify your Request to Delete to the degree of certainty required by the CCPA. In most cases, you will be asked only to provide your name and email address. In some cases, we may ask you to provide additional information or elect to use third party verification if we are experiencing difficulty verifying your identity from the information we maintain. We may also ask you to provide an affirmative declaration to validate your identity in certain cases. If we have no reasonable method by which to verify your identity to the degree of certainty required by the CCPA we will inform you of same.

THIRD PARTY CONTENT

The Sites may contain links to third party sites, or content or applications that are served or provided by third parties. The information gathering and retention policies of those third parties are governed by the privacy policies of such third parties. You should review the privacy policies of those third parties to understand the information they collect and how it is used.

HOW DOES HMR SECURE YOUR PERSONAL INFORMATION?

HMR takes reasonable steps to protect the security of your Personal Information as it is transmitted from your computer to the Website or the HMR Mobile App and our servers, as well as to protect the Personal Information once we possess it from unauthorized access, disclosure, alteration, or destruction. Security measures and tools are in place to help protect against the loss, misuse, and alteration of your Personal Information in our possession. However, no data transmission over the Internet or data storage system can be guaranteed 100 percent secure. It is your personal responsibility to secure your email and password for your Account and the HMR Mobile App and thereby prevent unauthorized access by others to your Personal Information maintained in your Account or HMR Mobile App.

HOW DOES HMR PROTECT THE PRIVACY OF CHILDREN?

This Website is not directed at children. Most of the online services that we offer are designed for individuals who are 18 years of age or older, and we do not knowingly collect information from children under age 13.

HOW MAY YOU ACCESS AND CORRECT YOUR PERSONAL INFORMATION?

In addition to your right to request your Personal Information that HMR has collected, used, and disclosed about you, you may access and correct your Personal Information through your Account at any time. By signing into your Account you will be able to select from a menu of options where edits and changes can be made. The menu includes a My Account section where you can make changes to your name, password, and personal profile, which includes items such as an optional photo. You will also be given menu options for making changes to your shipping address, billing information, as well as options for managing your orders. However, in rare circumstances, your ability to access or alter your Personal Information could be limited where such access or alteration would inhibit HMR's ability to do any of the following: comply with a legal or ethical obligation to investigate, make or defend legal claims; result in disclosure of Personal Information about a third party; result in breach of a contract; or entail a disclosure of trade secrets or other proprietary business information belonging to HMR or a third party. Should you have questions regarding how you may access and correct your Personal Information please contact HMR at 1-800-418-1367.

IMPORTANT DISCLOSURE REGARDING THE HMR HEALTHY SOLUTIONS PROGRAM WITH PHONE COACHING ("PHONE PROGRAM') 

By enrolling in the Phone Program, you expressly agree to the use of your Personal Information, including personal health and contact information as described herein. This use of information as described in this section about the Phone Program applies to both the weight-loss phase (Phase 1) and the maintenance phase (Phase 2) of the Phone Program.

Information Collected from Participants in the Phone Program

When you register to participate in the Phone Program, HMR will collect the following information: your name, date of birth, sex, initial weight, height, weight-loss goal, food order preference (lactose-free, vegetarian), credit/debit card information, telephone number, email address, and mailing/billing address. As you participate in the Phone Program, you will provide additional data including weight change, use of meal replacement products, physical activity levels, intake of fruits and vegetables, and other adherence measures of the diet. 

As part of the Phone Program, you will participate in weekly group phone sessions with other participants. In the case of programs sponsored by employers, insurers or health care providers ("Sponsors") for their employee and patient populations, some of these other participants may be co-workers, people from your community, etc. (this could also happen randomly without involvement of a Sponsor). These phone classes involve verbal exchanges among the participants including information about each participant's experience in the Phone Program. Thus, as a participant, you will be expected to share some Personal Information with the other participants and also the health coach leading the group phone classes, as well as other health coaches who may advise on, participate in, evaluate, or otherwise contribute to the Phone Program.

As a participant in the Phone Program, you will be communicating with HMR staff via phone and email. Please use your best judgment in emailing Personal Information and note that phone communication is an alternative.

HOW DOES HMR USE YOUR PERSONAL INFORMATION DURING YOUR PARTICIPATION IN THE PHONE PROGRAM?

HMR uses and discloses the Personal Information it obtains about you as a participant in the Phone Program as follows:

• To help you fulfill the goals of the Phone Program, including by informing you about HMR's products and services, as well as to obtain the agreed-upon payment from you for the purchase of HMR Products necessary for us to offer you the Phone Program and achieve the objectives described above. This may include contacting you by email, phone, fax, and/or text message using the contact information you provide to HMR as part of the enrollment process or subsequently. We may contact you periodically via email to follow up on your progress post participation in the Phone Program.
• To contact you regarding (i) your potential participation in Phase 2 of the Phone Program (the Maintenance Phase) or any other program option offered by HMR, and (ii) to follow up on your progress after you have completed your participation in the Phone Program.
• In health coaching activities, such as to train coaches or provide information to others to support your weight-loss program or to help others implement weight-management programs.
• To help HMR operate, maintain, and offer a high-quality, phone-based weight-management program and other HMR Programs, including sharing such information with third party vendors, staff of HMR Programs (including licensed programs), parties interested in becoming licensed to offer HMR Programs and acting as consultants. For example, in order to ensure the highest quality weight-management services, HMR staff members receive focused, ongoing training. This training occurs in a variety of ways. For example, training is sometimes done by recording participants' weekly classes and individual phone calls and playing recordings for the benefit of staff and their trainers - and this may include telephone calls or classes where some of your Personal Information is disclosed. These types of recordings may be an effective educational tool to help health care providers, staff, students, and other related parties practice or improve their skills and to develop and/or implement similar weight-management programs. Sometimes HMR staff, staff of HMR Programs (including licensed programs), parties interested in becoming HMR Programs, or third parties hired by HMR will monitor Phone Program classes as part of their training as health coaches or other weight-management specialists, or in the role of trainers themselves, or simply to determine if such party might wish to become or offer an HMR Program. Sometimes persons outside HMR doing research in the field of obesity treatment or third parties serving in a consulting capacity to HMR will be permitted to listen and learn more about how the Phone Program operates. Sometimes a participant's spouse, other family member, or close friend will also join the phone call to learn more about caring for that participant. Occasionally a person being considered as a new HMR employee may listen to the call to help us and this person better assess whether this person is a good fit at our Phone Program. It is also important to have a system that allows HMR's group of health coaches flexibility to substitute for each other from time to time and this requires allowing other health coaches access to your Phone Program records. All of these activities positively impact the quality of the Phone Program and help support overall operations of our weight-management program.

HMR may use and disclose De-identified Information that is collected or developed from your participation in the Phone Program for promotion of the Phone Program and related weight-loss program marketing efforts as well as educational and research efforts. HMR does not use Personal Information in marketing and promoting the Phone Program excepts as otherwise disclosed to you or with your express written consent.

De-identified Information may be shared with Sponsors who may be your employer, insurer, or healthcare provider (or affiliates of same) if you are participating in the Phone Program through a Sponsor arrangement (usually identified by a Code or a URL provided to you by the Sponsor and required for registration when you set up your Account or in some cases when you check out). Nonetheless, it is possible that your employer, insurer, or healthcare provider may become aware that you are participating in the Phone Program if they are acting as the Sponsor of the Phone Program in which you enroll.

HOW WILL I KNOW IF HMR HAS UPDATED THIS POLICY?

HMR may update this Policy periodically and will update this Policy at least every 12 months. The date this Policy was last revised is identified at the top of this page. You may access this Policy at any time by clicking the Privacy Policy link at the bottom of each page of this Website. This Policy can also be found at any time by clicking on Settings in the HMR Mobile App. If we decide to change the Policy, we will post the revised version of the Policy on the Website. If the changes to the Policy are material, we may also notify you by email at the primary email address specified in your Account. You are responsible for ensuring that we have an up-to-date email address for you. Your continued use of the Website or the HMR Mobile App after the effective date of any changes constitutes acceptance of the changes. You are responsible for periodically reviewing this Policy to check for any changes.

HOW MAY YOU POSE QUESTIONS ABOUT THIS POLICY?

If you have any questions about this Policy, our data collection, use, and disclosure practices, or related privacy practices, desire to access a copy of this Policy in an alternate format for persons with disabilities, or other questions about the HMR Program for Weight Management generally, please contact us at: 

HMR Weight Management Services Corp.
99 Summer Street
Suite 1200
Boston, MA 02110
Attn: Website Privacy Policy Administrator

You can also contact us by phone at 1-800-418-1367, Monday-Friday, 9:00 am - 6:00 pm (Eastern) or by clicking here or on the "Contact Us" link at the bottom of each page of the Website. We will use reasonable efforts to respond promptly to your requests, questions or concerns. We may contact you for follow-up information and, except where required by law, HMR cannot ensure a response to questions or comments regarding any topics unrelated to this Policy or to HMR's privacy practices. You may print a copy of this Policy, including the Notice at Collection by using the Print function of your Internet browser.

California residents may also designate an authorized agent to make a request or inquiry on their behalf. We will require that either (i) you provide your authorized agent with a written permission to act as your agent for the request you wish to make or (ii) a valid power of attorney pursuant to California Probate Code sections 4000 to 4465 and that, in either case, you provide a copy of same to HMR at the contact address above. HMR will also require that the authorized agent verify its own identity directly with HMR.