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 the Healthy Solutions at Home Portal (this “Portal”), and constitute a legally binding agreement between you and HMR Weight Management Services Corp. (“HMR”). Clicking the ‘I Agree’ button below constitutes your acceptance to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use this Portal. Please exit this window if you choose not to accept all of these Terms and Conditions.
This Portal 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 Portal, 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 Portal. Your ongoing use of this Portal after the changes are posted signifies your agreement to the new or changed terms. After your initial log-in, you may access these Terms and Conditions by clicking the Terms and Conditions link in the footer of the site.
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 Portal
This Portal is designed to provide you with an online “virtual” model of the HMR clinic experience (the “Program”). HMR has set up this Portal so that as a registered user of this site you may track your daily food intake and physical activity, get a summarized view of your progress throughout the Program, participate in group phone coaching sessions and get support from your health coach.
Access to and Use of this Portal
In order to use this Portal, 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. To access and use this Portal, you may be required to register on this Portal. When you register, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (ii) maintain and update your information to keep it true, accurate, current, and complete. As part of the registration process, you will be required to provide some basic information to us, such as your name, a user name and password, your email address and other information. 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. HMR shall not have any obligation to provide you with any maintenance or support relating to this Portal.
You agree to access and use this Portal in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use this Portal for any illegal or wrongful purposes.
Information in this Portal
The information contained in this Portal, 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 PORTAL AND MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CURRENCY, COMPLETENESS, OR ACCURACY OF THE CONTENTS OF THIS PORTAL. Applying the information from this Portal 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 Portal to substitute for your own medical judgment, which you should exercise in evaluating the information on this Portal. PLEASE DO NOT RELY ON THIS PORTAL 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 Portal 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 Portal or your reliance on the content of this Portal, including without limitation, your failure to timely read messages you may receive through this Portal.
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 Portal. 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 Portal), and may use such information for various purposes without notice to you and without your consent.
Subject to these Terms and Conditions, HMR hereby grants to you a limited, nonexclusive, nontransferable license to access and use this Portal 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 Portal in violation of any applicable laws or regulations. You may not use this Portal 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 Portal. 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 Portal may contain information or content brought to you by third parties or through links to other internet websites. HMR does not control nor assume any responsibility for the information provided by third parties or the content of other Internet websites to which links are provided. 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 PORTAL.
THE CONTENT AND MATERIALS ON THIS PORTAL ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THIS PORTAL, 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 PORTAL WILL MEET YOUR REQUIREMENTS OR THAT USE OF THIS PORTAL 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 PORTAL OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS PORTAL (INCLUDING THIRD PARTY CONTENT) OR THAT ANY DEFECTS IN THIS PORTAL WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THIS PORTAL 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 Portal, 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 PORTAL.
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 PORTAL. YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE ABOUT YOUR USE OF THIS PORTAL OR ITS CONTENTS IS LIMITED TO YOUR RIGHT TO STOP USING THIS PORTAL. 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 Portal or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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 Portal, including the content on this Portal, or any other associated programs (including any user-generated content you post or submit to this Portal), your breach of any aspect of these Terms and Conditions or your violation or misappropriation of any rights of another in connection with this Portal.
You acknowledge that (a) this Portal 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 Portal and any software provided through or in conjunction with this Portal, 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 Portal; (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 Portal; (iii) use this Portal 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 Portal.
You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on this Portal, 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 Portal 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 Portal, including text, images, audio, or video content, for public or commercial purposes. You should assume that everything you see or read on this Portal is copyrighted and may not be used, except as expressly provided in these Terms and Conditions or in the text on this Portal, without the written permission of HMR. HMR neither warrants nor represents that your use of materials displayed on this Portal will not infringe rights of third parties not owned by, or affiliated with, HMR.
If any dispute arises between you and HMR concerning these Terms and Conditions or your use of this Portal, 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.
Any provisions of these Terms and Conditions that by their terms or nature survive after you cease using this Portal 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.
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.
Should you have any questions regarding this Portal or the terms and conditions of its use, please contact HMR at 1-877-501-9257.
If you do not agree to be legally bound by these Terms and Conditions when you use this Portal, please exit this site.
By using the Portal, you agree to the terms and conditions of this Policy, so please read the Policy carefully. If you have any questions about this Policy or our data collection, use and disclosure practices, please contact us at:
HMR Weight Management Services Corp.
99 Summer Street
Boston, MA 02110
or call us at 1-877-501-9257, Monday through Friday, from 9:00 am to 6:00 pm (ET). 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 Portal collect from you?
HMR collects certain personal information when you register to use the Portal, including your name, address, telephone number, birth date, and e-mail address, as well as your weight, height, gender, diet, exercise, weight-loss goals, and if applicable an employer, health plan or similar wellness program number and/or related codes when you input this information in the Portal directly, through an HMR ecommerce site or the HMR Mobile Application (the “App”) or when an HMR program coach inputs it after receiving it from you. The Portal does not collect any personal information other than the information you submit in the Portal directly, through an HMR ecommerce site or the App, or to an HMR program coach.
How does HMR use personal information collected through the Portal?
HMR uses the personal information it collects through the Portal for the same purposes HMR uses your personal information otherwise supplied. Those purposes are first and foremost to help you reach your goals with respect to your health, including achieving and maintaining a healthy weight, lifestyle and diet. To do that, we will use your personal information to process the food orders you place with us and to communicate with you about those orders. We also will use your personal information to provide you with guidance, recommendations, and support as you pursue your goals, including in the form of newsletters, videos, and other resources you have requested (for example, educational literature and related information about HMR’s business, e-mail programs, questionnaires, and surveys) as well as marketing and other promotional materials for HMR products and services. If you call us with questions, we may use your phone number to contact you with responses, and if you choose the Healthy Solutions at Home phone support option, we will use your phone number and/or email so the phone support coach can contact you and discuss with you your progress toward your weight management and healthy diet goals. In addition, we will use your personal records to help us identify and offer additional services and promotions that we believe you might find interesting.
HMR also may use your personal information for our internal training purposes to help improve the services we provide to you and others so we can offer and maintain a high-quality weight and diet-management program. We may, for example, learn from the records of your diet, exercise, and program participation over time, together with the experiences of others using HMR products and services, that certain foods, shakes, guidance materials, coaching, or other approaches we have offered have been more effective than others in assisting you and others to achieve their weight and diet management goals.
Consistent with the terms of this Policy, and other applicable privacy notices that have been provided, in some cases HMR consolidates and analyzes personal information it collects through the Portal with information collected through other channels (such as the telephone, surveys, and our other online resources and communications) in order to enhance the quality of services that we offer. We also may use your personal information collected through the Portal to audit the Portal for authorized access and security.
With whom does HMR share personal information collected through the Portal?
When you use the Portal as part of a group HMR program, certain of your personal information will be shared with other participants in the program, as well as with a group of HMR Health Educators and program coaches. That information will include your name (first name and initial letter of your last name), weight change goals, diet selections made, and weight changes over time. Sharing this information with the group members is part of how you are able to compare your experience with theirs, and such sharing enables all the group members, as well as the group coach, to help one another to most effectively benefit from the program and HMR products and services more generally.
Outside the participants in your group program(s), HMR may share the personal information collected through the Portal with our vendors who provide services to assist our operations, such as to help process your orders for HMR foods and to deliver those products to you; to facilitate our communications with you; to respond to your inquiries and comments; and to maintain, improve and enhance the functionality of the Portal.
If you participate in an HMR program as part of your employers’ wellness or other health-related initiatives, or through your healthcare provider or health plan, we may provide your employer, healthcare provider, and/or health plan administrator with aggregate, de-identified information on your participation. In some cases, and subject to your signing a consent form, we may also provide identifying information such as your name, and if applicable, employee, health plan or similar wellness program number and/or related codes and the length of time you actively participated in the program. In some cases employers, healthcare providers and/or health plans require additional personal information which we will provide, again, only with your written consent. If you were not required to sign a consent form before participating in an HMR program, you should know that HMR will use personal information about you in aggregate, de-identified reports with third parties it works with for the delivery and development of the HMR program, to promote the HMR program, as well as conduct research and training and similar activities in the field of obesity treatment and to support healthy lifestyles. In some cases such information may be shared with third parties which could include your employer and healthcare providers and/or health plans who sponsor or otherwise support HMR programs for their employees, patients or health plan members.
HMR also may share your personal information collected through the Portal with other third parties for limited purposes on rare occasions. For example, HMR may decide for business reasons to reorganize or divest its business through sale, merger or acquisition, in which case the personal information it has collected may be shared with actual or prospective purchasers. HMR will endeavor to obtain written assurances that personal information will be protected appropriately in these circumstances. And in accordance with applicable law, HMR may share personal information collected through the Portal with government authorities for reporting purposes; to parties in relevant legal proceedings as authorized by the presiding court or tribunal; and otherwise to the extent required or authorized by law.
HMR does not share personal information with unaffiliated third parties for their own marketing purposes.
How does HMR secure personal information in the Portal?
HMR will take reasonable steps to protect the security of your personal information as it is transmitted from your computer or mobile device to the Portal and our servers, as well as to protect the personal information once we possess it from unauthorized access, disclosure, alteration or destruction. Security measures and tools are in place to help protect against the loss, misuse and alteration of the information in the Portal. However, no data transmission over the Internet or data storage system can be guaranteed to be 100 percent secure. It is your personal responsibility to secure your username and password for the Portal and thereby to prevent unauthorized access by others to your personal information maintained on the Portal.
How may you access and correct your personal information on the Portal?
You may access the information in your personal Profile through your Portal account at any time. You may also update, correct, and delete information in your Profile that you no longer wish to maintain and share through the Portal. Any information that you cannot edit yourself in the Profile, or in other information you have provided, can be changed by calling Customer Services at 877-501-9257. You may edit any of your lifestyle and weight tracking information in the My Progress section of the Portal up to two weeks before it becomes part of your participation record. However, in rare circumstances, your ability to access or alter your personal information could be limited where such access or alteration would inhibit HMR’s ability to do any of the following: comply with a legal or ethical obligation or to investigate, make or defend legal claims; result in disclosure of personal information about a third party; result in breach of a contract; or entail a disclosure of trade secrets or other proprietary business information belonging to HMR or a third party.
How may you pose questions about HMR’s practices relating to the privacy of your personal information collected by the Portal?
Should you have questions about the Portal’s collection and maintenance of your personal information, and/or HMR’s use and disclosure practices with respect to that information, you may contact us using our contact information provided above. We will use reasonable efforts to respond promptly to your requests, questions or concerns. We may contact you for follow-up information and, except where required by law, HMR cannot ensure a response to questions or comments regarding any topics unrelated to this Policy or to HMR’s privacy practices.
How will I know whether HMR has updated this Policy?
HMR may update this Policy periodically. If we decide to change the Policy, we will post the revised version of the Policy on this Portal, and if the changes we make to the Policy are material, we may also inform you by e-mail or otherwise.
This policy was last updated on January 4, 2016.
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