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WEBSITE TERMS OF USE

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 website Privacy Policy, which are hereby incorporated by this reference into these 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 these Terms and Conditions, including the Privacy Policy and all Additional Terms.

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 BY LAW.

Indemnification

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.

Proprietary Rights

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 be used, except as provided in any terms of use or in the text on the website, without 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.

General

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.

Contact Us

Should you have any questions regarding this website or the Terms and Conditions of its use, please contact us at 877-467-5161.

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 1986-2016, HMR Weight Management Services Corp. (HMR), Boston, Massachusets. All rights reserved. HMR is a subsidiary of Merck & Co, Kenilworth NJ USA