Terms of Use

Notice to user (“you”): Please read the following terms and conditions (these “Terms and Conditions”) carefully because they will govern your access to and use of this web site url hmrprogram.com (this “Site”), and constitute a legally binding agreement between you and HMR Weight Management Services Corp. (“HMR”). Your use of this Site constitutes your agreement to these Terms and Conditions. Please exit this window if you choose not to accept all of these Terms and Conditions.

General Terms

This Site is maintained by HMR and is intended for use by residents of the U.S. and its territories who are 18 years of age or older.

By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. HMR reserves the right to change these Terms and Conditions from time to time. If you disagree with any changes to these Terms and Conditions, you must discontinue your use of this Site. Your ongoing use of this Site after the changes are posted signifies your agreement to the new or changed terms.

IMPORTANT INFORMATION: YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE STARTING ANY DIET OR WEIGHT LOSS 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 Site

This Site is designed to provide information about HMR®, the HMR Program for Weight Management™ and its program options, the HMR approach to weight management and general information about weight management and related topics.  This Site will also allow you to link to one or more other web sites where you may place orders for HMR meal replacement products (“HMR Products”). 

Access to and Use of this Site

In order to use this Site, 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. In some cases you may provide information to this Site through our Find A Location Page –“Request Information” link, Newsletter Signup, and For Professionals Page – “Request Information” options .  If you do provide information you agree to (i) provide true, accurate, current and complete information about yourself as prompted; and (ii) maintain and update your information to keep it true, accurate, current, and complete..

You agree to access and use this Site in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use this Site for any illegal or wrongful purposes.

Information on this Site

The information contained in this Site, 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 SITE AND MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CURRENCY, COMPLETENESS, OR ACCURACY OF THE CONTENTS OF THIS SITE. Applying the information from this Site 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 health care 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 health care professional, you should not allow the content of this Site to substitute for your own medical judgment, which you should exercise in evaluating the information on this Site. PLEASE DO NOT RELY ON THIS SITE FOR ANY MEDICAL DIAGNOSIS OR TREATMENT RECOMMENDATION OR OTHER HEALTH CARE 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 Site 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 Site or your reliance on the content of this Site, including without limitation, your failure to timely read messages you may receive through this Site.

The weight-loss phase of the Healthy Solutions at Home Program is not appropriate, and must not be used, by the following individuals:

  • Individuals who are pregnant or who are lactating (nursing a baby) for less than 12 weeks. Women who become pregnant or suspect that they are pregnant must immediately notify their coach and understand that they will not be allowed to continue in the program.
  • Individuals who are anorexic or bulimic.
  • Individuals who are allergic to egg, milk, corn, or soy. (Note: Lactose sensitivity or intolerance can be managed by using the HMR 70 Plus lactose-free shakes.)
  • Individuals who are 18 years of age or under, or over 70 years of age and have a history of dizziness, prior TIAs (transient ischemic attacks), or strokes.
  • Individuals who are taking the anti-seizure medication Trileptal® (oxacarbazepine).
  • Individuals who have had bariatric surgery.

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 Site. 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 Site), and may use such information for various purposes without notice to you and without your consent.

License Grant

Subject to these Terms and Conditions, HMR hereby grants to you a limited, nonexclusive, nontransferable license to access and use this Site solely for your personal and noncommercial purposes. The license granted to you shall automatically terminate if you do not comply with any aspect of these Terms and Conditions. You may not use, download, or export this Site in violation of any applicable laws or regulations. You may not use this Site 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 this Site. HMR may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.

Links to Other Internet Websites

This Site may contain information or content brought to you by third parties or through links to other Internet websites. HMR does not control or assume any responsibility for the information provided by third parties or the content of other Internet websites to which links are provided unless the website is another web site operated by HMR. When you link to an HMR Program website to purchase HMR Products, you will be leaving this Site to go to either one of HMR's licensed program websites or another web site operated by HMR.  The HMR Program websites you are entering and the related program are, in most cases, independently owned and operated by the HMR licensed program whose link you have selected.  As such, any purchases you make, any program in which you enroll, or any other transaction you undertake through the linked site are exclusively with such licensed program and not with any other party, including HMR, unless otherwise indicated.  Such licensed program is also solely responsible for the content of such web site.  Accordingly, you should review the licensed program's web site policies, notices and disclaimers, including its terms of purchase and privacy policies.  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. As part of your acceptance of these Terms and Conditions, you acknowledge and 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.

 

Disclaimer of Representations and Warranties

HMR EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE INFORMATION ON THIS SITE.

THE CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THIS SITE, 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. HMR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THIS SITE 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 SITE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE (INCLUDING THIRD PARTY CONTENT) OR THAT ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THIS SITE 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 Site, 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 SITE.

Limitation of Liability

HMR DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, 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 THIS SITE. YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE ABOUT YOUR USE OF THIS SITE OR ITS CONTENTS IS LIMITED TO YOUR RIGHT TO STOP USING THIS SITE. 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 known 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 Site or these Terms and Conditions 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 as well as its and their respective officers, directors, owners, employees, and other agents or representatives in respect of all losses, liabilities, costs, claims, damages, and demands (including reasonable attorneys’ fees) arising out of or relating to your use of this Site, including the content on this Portal, or any other associated programs (including any user-generated content you post or submit to this Site), your breach of any aspect of these Terms and Conditions or your violation or misappropriation of any rights of another in connection with this Site.

Proprietary Rights

You acknowledge that (a) this Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) HMR and/or third parties own all right, title and interest in and to this Site and any software provided through or in conjunction with this Site, including without limitation all Intellectual Property Rights therein and thereto. "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 this Site; (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 this Site; (iii) use this Site 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 this Site.

You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on this Site, whether or not appearing in large print, italics, or with the trademark symbol, are owned by HMR or its affiliate companies, or are used under license. This Site 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.

You may not, distribute, modify, transmit, reuse, repost, or use the content of this Site, including text, images, audio, or video content, for public or commercial purposes. You should assume that everything you see or read on this Site is copyrighted and may not be used, except as expressly provided in these Terms and Conditions or in the text on this Site, without the written permission of HMR. HMR neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by, or affiliated with, HMR.

Dispute Resolution

If any dispute arises between you and HMR concerning these Terms and Conditions or your use of this Site, the parties shall first try to resolve the dispute through good-faith negotiations. If such efforts prove unsuccessful, all controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The Commercial Arbitration Rules of the American Arbitration Association shall apply to the conduct of the hearing, which shall be held in Boston, Massachusetts. The governing law shall be the laws of the Commonwealth of Massachusetts. The arbitration award shall be final and binding and may be confirmed and enforced in any court of competent jurisdiction. The parties shall bear equally the costs of the arbitration, but each party shall pay its own attorneys' fees incurred in connection with the arbitration or the confirmation or enforcement of any award.

Survival

Any provisions of these Terms and Conditions that by their terms or nature survive after you cease using this Site or decide to no longer be a registered user, as well as the provisions of these Terms and Conditions 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 and Conditions , shall remain in effect after you cease using the Portal or decide to no longer be a registered user.

General

You may not assign or transfer your rights or obligations under these Terms and Conditions without the prior written consent of HMR. HMR may assign these Terms and Conditions to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, these Terms and Conditions will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.

If any provision of these Terms and Conditions 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 and Conditions shall remain in full force and effect.

HMR's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of its right to enforce such right or provision.

Section headings in these Terms and Conditions are used solely for the convenience of the parties and have no legal or contractual significance.

Contact Us

Should you have any questions regarding this Site or the terms and conditions of its use, please contact HMR at 1-800-418-1367.

 

If you do not agree to be legally bound by these Terms and Conditions when you use this Site, please exit this site.

 

 

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.


Copyright 1986–2014, HMR Weight Management Services Corp. (HMR), Boston, Massachusetts. All rights reserved.

HMR is a subsidiary of Merck & Co, Kenilworth NJ USA

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