Last Updated: August 21, 2018
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
Dispute Resolution; Arbitration
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.
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.
Reporting Claims of Copyright Infringement
HMR takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe on your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (178 U.S.C § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Copyright Agent - Legal Department
HMR Weight Management Services Corp.
99 Summer Street, Suite 1200
Boston, MA 02110
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.