Terms of Use
Last Updated: February 26, 2024
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 PLAN, LLC ("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.
Personal 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, in its sole discretion. 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.
Product Ratings and Reviews
You may use our ratings and reviews feature to express your opinion about HMR Products. You will need an account to post a rating or review. You agree that any rating or review you submit represents your honest, good faith opinion about HMR Products that you have used, and your experience with HMR in connection with such HMR Products. All reviews must be related to HMR Products or services and must not:
• violate any applicable law or regulation;
• be libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate regarding race, gender, sexuality, ethnicity, or other intrinsic characteristics, or be otherwise injurious to third parties or objectionable;
• contain confidential or private information, such as personal medical information;
• infringe upon anyone’s intellectual property rights such as copyright, trademark, patent, or trade secrets;
• be clearly false or misleading;
• be used to promote your business, charity, commercial URL, or any third party’s products or services.
Reviews may only include URLs or links to other HMR Products. You agree to disclose in your review any conflict of interest or relationship that might influence your views (e.g., if you are being paid or receiving something for free to encourage you to comment). You acknowledge that your reviews and ratings will be publicly accessible by anyone using the website. You are solely responsible for the content of reviews that you post, and assume all risks associated with your reviews, including anyone's reliance on the quality, accuracy, or reliability of such reviews, or the disclosure of your personal information in such reviews. You grant HMR a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, transferable license to use, reproduce, modify, display, disclose, distribute, publish, and make derivative works from any review you submit and any content in your reviews in connection with the website. We will obtain your permission prior to using any review you submit for any other purpose. You represent and warrant that you own or have all of the rights to the content that you post and that the content is accurate, and you agree to indemnify HMR for all claims resulting from reviews that you post. HMR reserves the right (but has no obligation) to review and remove or edit any review that violates these Terms of Use or if unusual reviewing behavior is detected. You may report possible violations of these guidelines by contacting HMR at 1-800-418-1367 or clicking on the “Contact Us” link found at the bottom of every page of the website.
HMR Remote Programs and the HMR Mobile App.
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 1-on-1 or group phone and/or online video coaching classes, or you can use on your own the digital coaching support option available through the HMR Mobile App (collectively, 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 persons 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 some of the Remote Programs.
The HMR Mobile App records can also be shared with HMR–licensed programs that use HMR’s Clinic Platform Dashboard resource to support your treatment and experience in these HMR programs, including those programs who also use HMR's product fulfillment and shared coaching services. If the HMR-licensed program you attend uses any of these resources it will ask you to register your participation in such a program on this Website. More information about these Clinic Platform Programs and the information HMR shares with them can be found in the PRIVACY POLICY.
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 User 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 are on building a relationship among HMR-connected people and those who may 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).
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 but 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 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.
Indemnification
You agree to indemnify, defend, and hold harmless HMR and its affiliates, licensors and service providers, as well as its and their respective officers, directors, owners, employees, and other agents or representatives in respect to all losses, liabilities, costs, claims, damages, and demands (including reasonable attorneys' fees) arising out of or relating to your use of the Sites, including the content on the Sites, or any other associated programs (including any user-generated content you post or submit to the Sites), your breach of any of these Terms of Use or your violation or misappropriation of any rights of another in connection with the Sites.
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 SIOUX FALLS, SOUTH DAKOTA. THE GOVERNING LAW SHALL BE THE LAWS OF THE STATE OF SOUTH DAKOTA. 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 overcome 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.
COPYRIGHT POLICY
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.
Copyright Agent - Legal Department
HMR Plan, LLC
PO Box 89128
Sioux Falls, SD 57109
Phone: 617-357-9876
copyrightadmin@hmrboston.com
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.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Always consult your physician before beginning any diet or physical activity program. Unless otherwise stated, trademarks used herein are the sole and exclusive property of HMR with all rights reserved. A trademark symbol is sometimes, but not always, used to identify trademarks appearing on this web site. For a complete list of all HMR trademarks used in this web site, click HERE.
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