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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:
Last Revised: May 22, 2019
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 HMR Mobile App (together, the Website and the HMR Mobile App are referred to as the "Sites").
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.
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.
Information You Provide To Us
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 and 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 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.
Using the Website without an Account: When you navigate and access the Website without opening and 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 the Personal Information or business information 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.
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.
Information Collected Passively
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. In general, none of this information is "Personal Information" as defined in this Policy. 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).
HOW DOES HMR USE THE PERSONAL INFORMATION COLLECTED THROUGH THE WEBSITE AND/OR THE HMR MOBILE APP?
HMR uses the Personal Information it collects through the Sites for a number of purposes, including:
