IMPORTANT INFORMATION: You should consult with
a physician before starting any diet or weight-loss program. Any diet program can
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.
This website is maintained by HMR® Weight Management Services Corp.
("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 website, you agree to be bound by, and to comply with, these Terms
and Conditions of use. HMR reserves the right to change these Terms and Conditions
from time to time, as necessary, and will provide notice, on this page, of any such
changes, including the date they became effective. You may access this page at any
time through the Terms and Conditions link at the bottom of each page on this website.
Terms and Conditions of this Website ("Terms and Conditions")
This website is designed to provide information about Healthy Solutions® at Home
("the Program") offered by HMR and to allow you to purchase products related to
the Program ("Products"). All uses by you of this website, including all purchases
made through this website and all other transactions for the sale of goods or services
or information formed through this website or as a result of visits to this website
made by you, are governed by these Terms and Conditions and by the terms of the
Terms and Conditions. Additional terms and conditions that also apply to specific
aspects of the Program and/or Products ("Additional Terms") may be posted from time
to time on this website. All Additional Terms are hereby incorporated by this reference
into these Terms and Conditions. Your use of this website constitutes consent to
You are free to use this website to gain information about the Program, the Products,
and other offerings by HMR, and are not obligated to register or provide any personal
information unless you elect to purchase Products through this website or to request
information about our products and services (including by signing up to receive
promotional e-mails about the Program). HMR may modify these rules of use, and it
is your responsibility to check this section for any changes. HMR reserves the right
to alter or deactivate this website, and any material, services, or Products provided
on this website, in its sole discretion at any time and without notice. HMR will
not be liable to you or to any third party for any modification, price change, suspension,
or discontinuance of the Program or Products.
Medical Information / Conditions
Nothing on this website should be construed as the giving of advice or the making
of a recommendation regarding any decision or action related to your health or the
health of others. You should 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 website to substitute
for your own medical judgment, which you should exercise in evaluating the information
on this website. Please thoroughly review the information provided on this website
before deciding whether the Program or Products are right for you.
If You Become a User of the Program
This website provides information that will help individuals decide whether this
Program is right for them. Prospective participants will need to call 877-467-5161
to sign up for the group phone coaching sessions. Upon entering
the Program, new participants will be required to review and agree to additional
information and terms and conditions of participation in the Program. Additionally,
a Program Specialist will be able to answer any additional questions about our policies.
Purchase of Healthy Solutions at Home Products
HMR reserves the right to limit, at its sole discretion, the sales of its 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 Products sold. All descriptions of Products and Product pricing are subject
to change at any time without notice, at HMR's sole discretion. HMR reserves the
right to discontinue any Product at any time. Any offer for any product or service
made on this website is void where prohibited. If you elect to purchase Products
through this website, you agree to provide current, complete and accurate purchase
and account information.
Links to other Internet Websites
HMR has set up this website so that as a visitor to this site you may learn more
about the Program and, if you so choose, purchase Products. This website may contain
information brought to you by third parties or through links to other internet websites.
Notice of information or links of this kind is provided throughout the website.
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.
The inclusion of any such links does not mean that HMR endorses, approves, or sponsors
the linked site or any information, products, or services contained on such site,
nor is HMR liable for any damage that might result from your use of such information,
products, or services.
Either through links on this website or other websites you may find in your search
for weight-loss information or products, you may find other sites that are associated
with HMR and its products or other HMR licensees. In such cases you will not be
utilizing this site and as such, any information you see, any program in which you
enroll, or any other transaction you undertake through the linked website will be
exclusively with such program and not with this site, unless otherwise indicated.
Disclaimer of Warranties
You expressly understand and agree that your use of this website, and any material
and information available through this website, is at your own risk. While it has
used reasonable efforts to ensure that the information on this website is accurate,
complete, and current, HMR expressly disclaims any warranty or representation regarding
the accuracy, completeness, or currency of such information.
THE PRODUCTS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,
COMPATIBILITY, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, COMPLETENESS,
OR WHICH MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE
EXCEPT AS FOLLOWS: THE HMR WEIGHT-LOSS FOODS ARE WARRANTED TO BE FREE FROM MATERIAL
AND MANUFACTURING DEFECTS UNDER NORMAL CONSUMPTION IN ACCORDANCE WITH THE PROPER
DIRECTIONS FOR USE OF THE PRODUCTS, INCLUDING THE SHELF LIFE LIMITATIONS DATE STAMPED
ON THE PRODUCT LABEL.
HMR cannot and does not warrant against human and machine errors, omissions, delays,
interruptions, or losses, including loss of data. HMR cannot and does not warrant
that files available for downloading from this website will be free of infection
by viruses, worms, Trojan horses, or other harmful or malicious codes.
Limitation of Liability
HMR's LIABILITY RELATED TO THE USE OF THIS WEBSITE IS LIMJITED AND EXCLUDED TO THE
MAXIMUM EXTENT PERMITTED BY LAW. HMR DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, NO
MATTER THEIR ALLEGED CAUSE OR THEORY OF LIABILITY ON WHICH THEY ARE BASED, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY OR LOST PROFITS. YOUR EXCLUSIVE
REMEDY FOR ANY DEFECTS OR FOR ANY DISPUTE ABOUT YOUR USE OF THIS WEBSITE OR ITS
CONTENTS OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE IS LIMITED TO YOUR RIGHT
TO STOP USING THIS WEBSITE. IN NO INSTANCE SHALL HMR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES WHATSOEVER,
IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OF THIS WEBSITE. IF THE LAWS
OF ANOTHER JURISDICTION DO NOT ALLOW A COMPLETE EXCLUSION OR LIMITATION OF SUCH
DAMAGES, SUCH DISALLOWANCE SHALL BE APPLIED ONLY TO THE MINIMUM EXTENT REQUIRED
If you use this website, you agree to indemnify and hold HMR harmless as well as
their respective officers, directors, owners, employees, and other agents or representatives
in respect of all losses, liabilities, costs, claims, damages, and demands suffered
in connection with any user-generated content you post or submit to this website,
or any other use by you of this website or the Program. 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 should assume that all trademarks, logos, designs, slogans, and trade dress
appearing on this website, 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 website 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, patents, trade secrets,
technologies, products, processes, and 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 the
website for public or commercial purposes, including the text, images, audio, or
video, without the written permission of HMR. You should assume that everything
you see or read on this website is copyrighted unless otherwise noted and may not
the written permission of HMR. HMR neither warrants nor represents that your use
of materials displayed on the website will not infringe rights of third parties
not owned by, or affiliated with, HMR.
Prohibited Uses of this Website
You agree not to:
- Use the content contained in this website for other applications.
- Reverse engineer, decompile, disassemble, or otherwise manipulate the source code
of this website.
- Use the website, Program, or Products for any purpose in violation of local, state,
national, or international laws.
- Knowingly submit false or misleading information on or through the website.
- Impersonate any other person in connection with your use of this website.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt the website,
the server on which it is stored, or any server, computer, or database connected
to the 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.
Most customer concerns can be resolved quickly by calling HMR's customer service
team at 1–877-467-5161. If any dispute arises between you and HMR concerning these
Terms and Conditions or your use of this website (including for the purchase of
any Products), it shall be resolved 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 rules of the American Arbitration Association ("AAA") shall apply to the conduct
of the hearing, which shall be held in Boston, Massachusetts. The AAA Rules are
available online at www.adr.org or by calling the AAA at 1–800–778–7879. 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.
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 Program, the Products, or these
Terms and Conditions must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
HMR may perform any of its obligations or exercise any of its rights under these
Terms and Conditions 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 HMR or its assets are acquired by another entity, that entity
will assume HMR's rights and obligations as described in these Terms and Conditions.
You may not assign your rights or obligations under these Terms and Conditions,
by operation of law or otherwise, without HMR's prior written consent.
Section headings on this page are used solely for the convenience of the parties
and have no legal or contractual significance.
Should you have any questions regarding this website or the Terms and Conditions of its use, please contact us at 877-467-5161.