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.
Description of this Website
Purchase of HMR Products
HMR reserves the right to limit, at its sole discretion, the sales of its HMR Products or services to any person, geographic region, or jurisdiction. HMR may exercise this right on a case-by-case basis. HMR reserves the right to limit the quantities of any HMR Products sold. 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. Any offer for any product or service made on this Website is void where prohibited. If you elect to purchase HMR Products through this Website, you agree to provide current, complete, and accurate purchase and account information.
Recipes and Resources Pages
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. The focus of the Recipes and Resources Pages is on building a relationship among HMR-connected people and those who may be interested in HMR. It is our hope that you will get support from the HMR content and from the content submitted by other users. 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. Although we review the Website user content submitted 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 this Website and to the many people you will reach. Below are some common-sense “community etiquette” points and other advice for submitting anything to this website:
• 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.
• This Website is not intended for non-Community uses (such as promotion of your business, charity, commercial URL, or the promotion, sale, or auction of any products or services).
User-submitted content will be subject to review. In some cases HMR may make some 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 this Website. We know that the vast majority of our users understand the importance of demonstrating respect for others as part of using this Website. HMR will always use your content in a manner that is consistent with our mission (to improve the health of others). It is important to note that when you post content on this Website, you grant to HMR an irrevocable, perpetual, royalty-free, worldwide, transferable license to publish and copy the content and make modifications and derivative works. 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 that in mind 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 this Website as well. Only authenticated users may engage in additional activities we’ve referred to as Community Activities. These activities include making comments and also amending and deleting those comments from time to time and liking content. Community Activities also include contributing to, or starting, Forums. In order to use the Recipes and Resources Pages as described, you will need to become authenticated and be assigned a Community Use ID with your first name and initial of your last name – you may also provide a picture. Any user may also view the Recipes and Resources Pages and share the content on these pages without becoming an authenticated user. 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.
Access to and Use of this Website
In order to use this Website, you may need access to the World Wide Web, either directly or through devices that access web-based content. It is your responsibility to pay any service and other fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web. As described above, to access and use this Website for certain uses, you will be required to open an Account, provide certain personal information to learn more about local HMR Programs, and for certain additional uses, add more information about yourself. When you provide this information, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the form questions; and (ii) maintain and update your information to keep it true, accurate, current, and complete. If you have reason to believe at any time that your Account with HMR is no longer secure, you must promptly change your password by updating your Account information. YOU ALONE ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN INFORMATION AND RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT OR OTHER USES WHEN YOU PROVIDE PERSONAL INFORMATION SUCH AS CONTACTING A LOCAL HMR PROGRAM, PURCHASING HMR PRODUCTS, OR PURCHASING AS A “GUEST.” HMR shall not have any obligation to provide you with any maintenance or support relating to this Website. You agree to access and use this Website in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use this Website for any illegal or wrongful purposes.
Information in this Website
The information contained in this Website, including, but not limited to, references, images, tools and other related items, are intended to be used only as a reference resource. NEITHER HMR, NOR ITS LICENSORS, AUTHORS, EDITORS, REVIEWERS, CONTRIBUTORS, OR PUBLISHERS ARE RESPONSIBLE FOR ERRORS OR OMISSIONS OR FOR ANY CONSEQUENCES FROM YOUR USE OR RELIANCE ON ANY INFORMATION CONTAINED IN THIS WEBSITE AND MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CURRENCY, COMPLETENESS, OR ACCURACY OF THE CONTENTS OF THIS WEBSITE. Applying the information from this Website in a particular situation is solely your responsibility. In addition, 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.
Medical Information / Conditions
It is your responsibility to 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 this Website to substitute for your own medical judgment, which you should exercise in evaluating the information on this Website. PLEASE DO NOT RELY ON THIS WEBSITE 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 this Website, purchasing HMR Products, joining a Remote Program or your 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 this Website or your reliance on the content of this Website, including without limitation, your failure to timely read messages you may receive through this Website. There are certain restrictions on persons who should engage in the structured Remote Program options and this information is available at the Health and Privacy Acknowledgment link on this Website. 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.
Consent to Collection and Use of Data
You agree that HMR or others working for or on behalf of HMR may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to this Website. HMR or others working for or on behalf of HMR may use this information to improve and/or to provide to you any products, processes, services, or technologies. HMR or others working for or on behalf of HMR may collect information that identifies you personally, including in circumstances where you provide such information to HMR or those working for or on behalf of HMR (e.g., by using a feedback function within this Website), and may use such information for these purposes without notice to you and without your consent.
Links to Other Internet Websites
Disclaimer of Representations and Warranties
HMR EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE INFORMATION ON THIS WEBSITE. THE HMR PRODUCTS, REMOTE PROGRAMS, CONTENT AND MATERIALS OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR THAT MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE EXCEPT AS FOLLOWS: HMR PRODUCTS ARE WARRANTED TO BE FREE FROM MATERIAL AND MANUFACTURING DEFECTS UNDER NORMAL CONSUMPTION IN ACCORDANCE WITH THE PROPER DIRECTIONS FOR USE OF THE HMR PRODUCTS, INCLUDING, THE SHELF LIFE LIMITATIONS DATE STAMPED ON THE PRODUCT LABEL. HMR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES HMR MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE (INCLUDING THIRD PARTY CONTENT) OR THAT ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. Although HMR uses industry standard security, no system can guard against risks of intentional intrusion or inadvertent disclosure of information. When using this Website, information will be transmitted over a medium that is beyond HMR’s control and the control of HMR’s suppliers. 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 THIS WEBSITE.
Limitation of Liability
Should you have any questions regarding this Website or the terms and conditions of its use, please contact HMR at 1-800-418-1367 or use the “Contact Us” form found at the bottom of every page.
By using the Website, you agree to the terms and conditions of this Policy, so please read the Policy carefully. If you have any questions about this Policy, our data collection, use and disclosure practices, or the HMR Program for Weight Management (the HMR Program(s)”) generally please contact us at:
HMR Weight Management Services Corp.
99 Summer Street
Boston, MA 02110
or call us at 1-800-418-1367 Monday – Friday, 9:00 am – 6:00 pm (Eastern). We will make an effort to respond to your questions within a timely manner.
The term "personal information" as used throughout this policy means any information that identifies, or is used by or on behalf of HMR to identify, an individual.
What types of personal information does the Website collect from you?
You may generally navigate and access this Website without opening an Account and take advantage of certain specific interactive uses without opening an Account, including making “guest” purchases of HMR Products or “clinic inquiries” to help you find a local HMR Program, or subscribing to emails from HMR (collectively “Non-authenticated Uses”). Other Non-authenticated Uses include sharing material on the Recipes and Resources Pages, taking advantage of the “Contact Us” feature and requesting information about starting an HMR Program or learning more about this opportunity. In order to sign up for any Non-authenticated Use of this Website you will be asked to provide certain personal or business information that will allow HMR to fulfill the use or information requested and you will be added to one or more HMR databases for future communications.
In addition, the Website automatically collects certain information about Website visitors’ computers or other electronic devices used to access the Website. This information may include your Internet Protocol (IP) address, domain name, browser type, date and time of your searches, and information provided by tracking technologies, such as cookies and single-pixel tags. If you use a mobile device to access the Website, we also may collect information about your device, such as your device ID and device type, as well as information about your use of the device to access other online resources. In general, none of this information is "personal information" as defined above.
PASSIVE INFORMATION COLLECTION AND USE
As you navigate around the Website, certain information can be passively collected (that is, gathered without your actively providing the information), using various technologies. We and our third party service providers passively collect and use 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.
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 the 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.
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 may collect information about your mobile device, such as a unique device identifier.
How does HMR use personal information collected through the Website?
HMR uses the personal information it collects through the Website from all users for a number of purposes, including: