Terms and Conditions
Last Updated March 18, 2014
Welcome to the HMRdiet Community. HMR Weight Management Services Corp. (HMR) has created this website to share information and the experiences of the many people who have participated in HMR Weight Management Programs, used HMR products, or in some other way have brought, or would like to bring, HMR’s proven approach to weight management and healthy lifestyles into their lives. If you have benefitted from using HMR you understand what this means. If you are not familiar with HMR, welcome and please enjoy participating in this website. HMR wants this to be your website and to provide you with support and a place to go as many of us struggle to lose weight, keep it off, and live healthy lives.
If you have found this section, then you may be here because you are interested in knowing the terms and conditions of use and we provide those as follows:
The HMRdiet Community was created and is maintained by HMR. Since 1983, HMR has treated over one million dieters. Our focus is solely on weight and health management. HMR shares this website with its weight management programs (which are mostly independently owned) and you may see contact information for an individual program on every page of this website. This will not affect your use of this website.
Registration of User Information
You may also take advantage of special features of this website that allow you to provide individual testimonials about your weight-loss experience and your experience using HMR products in different settings in your travels.
HMRdiet Community Guidelines for User-Generated Content
This HMRdiet Community is a separate website from HMR’s corporate website (www.hmrprogram.com) and the websites of HMR’s individual weight management programs. The HMRdiet Community’s focus 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 the members of the HMRdiet Community. As part of building this Community, you will have the opportunity to submit user-generated content such as Recipes, Success Stories, 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 indentifying 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 members 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 (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 distribution of advertising or other unsolicited material (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 HMRdiet Community. If you see a post that appears to violate our community guidelines, please help by clicking on the “Report Inappropriate Activity” link at the bottom of any page.
Your postings and other contributions will also be accessible by anyone using the Internet. With the exception of our special features described immediately below, you will not have any further control over a posting once you submit it. Keep that in mind when you decide what you will post.
We hope that you will use the community members to help you by posing questions through the Forums and Blogs. 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 HMRdiet Community. Ultimately, we believe that your participation will enrich this website as well.
Success Stories: Those persons who register (as discussed above) will be entitled (but not required) to submit their individual stories concerning their weight loss experiences with the HMR Program or HMR products in accordance with procedures set forth in the Success Stories section of this website. Although that section details how to submit your Success Stories, it’s helpful to emphasize several points:
- In addition to sharing your own story, you must submit both before and after photos. You also have the option to submit a video.
- We cannot guarantee that everyone’s story will appear or that all media you submit will be included.
- We want you to tell your story in your own words and if we use your story we want to leave it in your words. We may make minor editorial changes for grammar and clarity.
- You will be able to make modifications or delete your individual testimonial when desired.
Out & About: Users who register will also have the opportunity to submit photos of themselves using HMR products as part of this website’s Out & About feature. Again, details of photo submission and participation in this feature can be found in that section. HMR may not be able to use all Out & About photos.
Special Note on Health and Other Personal Information
There are a number of privacy laws with respect to health information. The most well known is a federal law called the Health Insurance Portability and Accountability Act (HIPAA). Among other things, HIPAA protects your health information in the hands of healthcare providers and limits use and disclosure of that information. If you are in HMR programs (or have been), you may be providing this kind of “protected” health information as part of your Success Story, Out & About photos, or possibly even in other less formal postings you make on this website. In the event that you do provide such information, it is important that you read and understand the following before submitting information to this site.
Health information that is used and disclosed about me that I voluntarily submit to the HMRdiet Community and the HMRdiet website regarding my experience and performance in connection with my attendance at, and participation in, the HMR Program for Weight Management™ or similar weight-loss activities. Such health information may include, among other things, statements by me in the nature of testimonials or narratives and descriptions of my participation in the program and the results of my participation, such as changes in my health, weight, and lifestyle. Such health information may also include audio or audio/video recordings (the latter called “videos”) and “before” and “after” photos. Such health information, audio recordings, videotapes, and photographs may be used in any or all forms of media, including electronic media such as the Internet, including uses not on the HMRdiet Community itself.
This information may be used and disclosed by HMR and parties authorized by HMR. It is expected that this information will first be disclosed to the general public on the HMRdiet website, and it may be used by other parties in any form of media whether you have given them authorization or not by virtue of its appearing on this HMRdiet website. HMR cannot control such use which is commonly referred to as “going viral.” For example, your information could appear on other social media and similar websites such as Twitter, Facebook, and YouTube. If you chose to use your full name, it and your personal information can be found through search.
This information will be disclosed to anyone that has access to the Internet or any other source to which this information is sent or provided after appearing on this website.
The protected health information may be used and/or disclosed for the following purposes:
- Training of staff at HMR-licensed or -operated programs
- Promotion and marketing of the HMR Program for Weight Management to the general public, including on the Internet
- Hiring of HMR staff at HMR-licensed or -operated programs
- Providing information to researchers, educators, and medical personnel working in the field of obesity treatment
- Providing information to persons interested in starting or continuing an HMR Program
If at any time you do wish to revoke this Authorization, please contact us by using the Contact Us link on the bottom of every page.
By submitting information to this website to be used on the site, you make this authorization to HMR in the event that information you submit constitutes protected health information under HIPAA. The HIPAA privacy law requires that we offer you this authorization.
Links to HMR Programs and Product Purchases
You may communicate with us by using the Contact Us link in the footer of any page or you may also write to us at HMR, 99 Summer Street, Suite 1200, Boston, MA 02110, Attn: Consumer Department, or call 1-617-357-9876.
Age of Majority
By using this website you represent that you are at least the age of majority in the state where you live.
Weight Management and Other Health Information
Please read the following important information about your health and using this website. The information on this website is not intended to diagnose medical problems or substitute for appropriate medical care. Consult your physician before starting any diet or exercise plan, especially if you have medical conditions such as diabetes, hypertension, or any other medical condition or medication that would be affected by diet, exercise, or weight loss. Weight loss on any diet may increase your risk for gallbladder disease. HMR weight-loss foods should not be used as a sole source of nutrition without medical approval and medical supervision. HMR weight-loss foods are not intended for use by infants, children, or pregnant or lactating women.
Disclaimer of Warranties
THE 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 OR NON INFRINGEMENT, ACCURACY, OR COMPLETENESS OR WHICH MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOUR EXCLUSIVE REMEDY FOR ANY DEFECTS OR DISPUTE ABOUT YOUR USE OF THIS WEBSITE OR ITS CONTENTS 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 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.
If you use this website, you agree to indemnify and hold HMR and its program accounts 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 of this website.
Unless otherwise provided, HMR is the owner of this website and everything displayed in the website unless otherwise indicated. For a complete description of these rights see the Trademarks and Copyright section.
Use of this website and the rules of use, notices and disclaimers are governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law rules. You agree that all disputes involving your use of this website shall be heard exclusively in the state or federal courts of the Commonwealth of Massachusetts, and you agree to personal jurisdiction of such courts for litigating any claims that may be brought.