User Subscription Agreement and Ordering Policy

This User Subscription Agreement and Ordering Policy (“Agreement”) constitute a valid, binding contract between you and Healthy Weight Partnership, Inc., a Massachusetts corporation (“HWP”, "us", "we", or "our"), the owner and operator of the site accessible through www.healthyweightpartnership.com, and as applicable the Operations Management and Monitoring System (“OMMS”) URL with respect to your subscribing to the services provided therein (“Services”) through the software made available through either or both  websites (the “Site”).  THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED SUBJECT TO COMPLIANCE WITH THE TERMS OF THIS AGREEMENT.  PLEASE READ THIS SUBSCRIPTION AGREEMENT CAREFULLY AS IT FORMS A BINDING CONTRACT BETWEEN YOU AND HWP.  PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

This Agreement is intended to supplement the Site’s Terms of Use Agreement, the terms of which are incorporated into this Agreement by reference.  Click here to view the Terms of Use.  To the extent there is any conflict or contradiction between this Agreement and the Terms of Use, this Agreement shall take precedence and control.  Capitalized terms used herein, and not otherwise defined, shall have the same meaning as in the Terms of Use Agreement.   Additionally, we have a Privacy Policy and a Form of Child Protection Policy.

The MEND Programs

The MEND Programs consist of proprietary multi-stage and multi-faceted programs designed for children who are above a healthy weight and their families.  The MEND Programs are delivered by Program Leaders and Coaches to Participants in settings such as community-based organizations.  The MEND Programs are supported, if applicable, by a set of Internet hosted, multi-user data information access software applications called OMMS (including the Data), related programmatic training and related materials such as apparel, activity equipment, handouts, manuals, and the like (all together, the “Programs”).  HWP, at its exclusive discretion, shall determine extent of access, which shall be limited by HWP in form, substance and content to meet your needs and requirements, and permit access to the Programs on a non-exclusive basis, subject to the terms of this Agreement and provided further that HWP may restrict or condition access and use at any time if it reasonably believes that such continued access or use will imminently and materially disrupt, degrade or injure continued function or use of, the Programs with respect to other HWP customers.  “Data” includes information accessed by or content included in the Programs or provided through the Site (as defined in the Terms of Use). Accessibility tools are also available on this Site for less-abled individuals ordering.

Program Information Not Substitute for Professional Medical Diagnosis or Treatment

Nothing stated herein, on the Site, or in the HWP Programs should be considered as medical advice for dealing with a given problem, or to diagnose, treat, cure or prevent any diseases. All information posted on this Site is provided for informational and educational purposes only and it is not meant to be a substitute for professional medical advice, diagnosis, or treatment.  It is not to be construed as medical advice.  Always seek the advice of a physician or other qualified health provider with any questions regarding a medical condition.

If you suspect you or any of the participants on your programs have an illness or disease, or a health-related condition of any kind, seek professional medical care with an appropriate health care professional immediately.  Do not postpone or delay seeking treatment or disregard professional advice based upon information on this Site.  Consult a qualified health care provider for individual guidance for specific health problems.

You and your Participants are urged and advised to seek the advice of a physician before beginning any HWP Program.

The programs provided by HWP intend to promote healthy eating, active play, and behavior change in order to create sustained lifestyle change and healthy growth for young people and their families but are not intended to treat any illness or disease.  The HWP Programs are designed to empower children and their families to manage their weight and improve their health, fitness and self-esteem in a sustainable way.  Weight loss can occur and should be medically monitored. Medical monitoring is especially important for Participants with a known medical condition.

For all participants’ health and safety, HWP Programs are generally not offered to anyone below a healthy weight (healthy weight as defined by the CDC BMI guidelines for U.S children). It is your responsibility to ensure that all information provided as part of your online registration is accurate and true. If you or a Participant have a medical condition which may be adversely affected by exercise you should consult a physician before following any exercise or activity information given.  It is required that each Participant takes personal responsibility when doing any exercise which has been advised by a Program Leader or Coach.

We always recommend Participants follow the medical and any dietary advice they have been given by their physician or other health care provider.

MEND 7-13 Program

This Program features:

  • Families meet twice per week for 10 weeks
  • (14) 1-hour Family meetings plus two 2-hour Healthy Growth Check meetings
  • (15) Parent only sessions
  • (17) Physical activity sessions
  • Kids handbooks (choice of Spanish or English)
  • Parents handbooks (choice of Spanish or English)
  • Electronic and/or paper leaders manuals, format at our discretion
  • MEND 7-13 leaders kit

Optional features available:

  • Physical activity kit
  • Reporting
  • HWP program support
  • HWP project and technical assistance

Delivery Requirements:

  • Requires 2 to 4 persons to deliver the Program
  • Requires (1) classroom style space for 2-hours per meeting for 10 weeks during the program hours
  • Requires (1) activity space (approx. half basketball court size) for 1-hour twice a week for 10 weeks
  • Eligible children are between the ages of 7 and 13

You must be at least 18 years of age and an authorized Purchaser to access OMMS (if available and part of the package you purchase).

MEND 2-5 Program
This Program features:

  • (10) 1.5-hour sessions; once per week for 10 weeks comprised of: active play, snack time, parent workshops and creative play.
  • Parents handbook (choice of Spanish or English)
  • Electronic and/or paper leaders manuals, format at our discretion
  • MEND 2-5 leaders kit (includes active play equipment)

Delivery Requirements: 

  • Eligible children are between the ages of 2 and 5

You must be at least 18 years of age and an authorized Purchaser to access the OMMS (if available and part of the package you purchase).

Healthy Together® powered by MEND Program

 This Program features:

  • (10) 1-hour family meetings
  • (10) 1 hour parent meetings
  • (10) Physical activity meetings (optional)
  • Kids handbooks
  • Parents handbooks
  • Coach's eManual, format at our discretion
  • Coach’s Starter (demonstration) kit

Optional features available:

  • CATCH-MEND physical activity curriculum
  • Exercise (physical activity) Kit
  • Reporting
  • HWP program support
  • HWP project and technical assistance

Delivery Requirements:

  • Requires one person to deliver the family and parent only meetings
  • Family and parent only meetings each require (1) room for 1-hour of each meeting of delivery. Optional: (1) activity space for 10 kids exercise (physical activity) meetings.
  • Eligible children are between the ages of 6 and 13
  • Electronic tablets for use of the Coach’s e-manual (not included in purchase)

Criteria for Healthy Together Coaches:

The following experience and background are strongly recommended for Healthy Together Coaches in order to best deliver the Healthy Together Program:

  • Qualification in areas including education, nutrition or dietetics, physical activity, behavior change, social work, psychology
  • Experience facilitating groups
  • Experience working with children and parents
  • Recommend background check for all coaches, but particularly if coaches are alone with children
  • Coaches should only recommend MEND nutritional guidelines and principles.

You must be at least 18 years of age and an authorized Purchaser to access OMMS (if available and part of the package you purchase).

Equipment, Software and Connectivity Requirements.  Proper functionality of the Programs requires your compliance with the following minimum specifications for equipment, software and connectivity to function properly:

Equipment: If included in your purchase, users can access OMMS, if available from any internet connected modern personal computer device (Desktop or Notebook, not older than 2007 model year) that has a full featured modern browser such as Firefox, Chrome, Safari, and IE-11). For programs that include curriculum delivered electronically with e-manuals (currently the Healthy Together program), please ensure you follow recommendations in the documentation that accompanies your subscription once purchased for the best type of electronic tablet device for viewing.

Connectivity: A broadband internet connection is recommended for optimum user experience. OMMS has not been tested at internet connectivity speeds lower than 1 mbps.  OMMS may work with slower internet connection speeds and/or site response may be slower or become unresponsive.

It is your duty to acquire, maintain and/or install all necessary equipment and connectivity, including, but not limited to, a personal computer, smart phone, and common carrier related equipment and communication services.  HWP shall not be responsible for any charges incurred in doing so.

Consents and Authority.  Program Organizers, Leaders and Coaches and all authorized agents and Participants are the only users permitted to access or use the Programs, unless otherwise granted access by HWP in its sole discretion.   Each user authorized to use the Programs may be required to fully register on our Site.

Scope of Use

Ownership

The Programs and all related Intellectual Property shall be and remain the exclusive property of HWP or its licensees.  All derivative works prepared from the HWP Programs or any part of it shall be and remain the exclusive property of HWP.

“Intellectual Property” means any and all intellectual property associated with the Programs and all related designs, formulas, procedures, methods, apparatus, ideas, creations, improvements, works of authorship, materials, processes, inventions, techniques, data, know-how, show-how, algorithms, programs, subroutines, tools, trademarks, patents and patentable materials, copyrights and copyrightable materials, and trade secrets.

Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

(a) HWP grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code or copyrighted material, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site or purchased copyrighted material except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

(b) The logos, and other service marks and service names included on the Site (“Marks”) are owned or licensed by HWP. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of HWP.  Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by HWP.

(c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other markup languages, and all scripts within the site associated therewith, are Copyright, 2017 Healthy Weight Partnership, Inc.  All rights reserved worldwide.  The copyrighted and proprietary property of HWP may not be duplicated or used without HWP’s express prior written consent.

(d) Access and use under this license are conditioned on such compliance with the conditions and requirements of this Agreement and adherence to this Agreement.

You may: (i) use the Programs with other authorized agents and Participants invited by you provided that you do not exceed the number places allotted under the specific program, (ii) sell the right to participate in the Programs to Participants provided that you do not exceed the number places allotted under the specific program, and (iii) advertise the Programs over any other medium, including, but not limited to, television or radio broadcast, or a computer network or hyperlink framing on the Internet; provided that the place in the Programs are sold or advertised unaltered in any form whatsoever.

Otherwise:

(a) You shall not access or use the Programs except as expressly authorized herein.  You shall access or use the Programs only to process transactions, access your Data, and interact or engage Participants and shall not access or use the Programs on behalf of any other party.

 (b) You shall not rent, sell, lease, retransmit, distribute, publish, transmit or in any way exploit all or any part of the Programs or Data to any other party, including, but not limited to, electronically or on disk, except as expressly provided in this Agreement.  The contents of the Programs, including, but not limited to the Data, may not be recirculated, redistributed or published by you to another party without HWP’s prior written consent.

(d) You are not authorized to make any enhancements, improvements or modifications; sublicense; copy; record; reproduce; reverse engineer; reverse compile; recompile; decompile; modify; create derivative works from; or disassemble the Programs except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

(e) You shall not knowingly introduce or permit to be introduced into the Programs any virus, worm, trojan horse or other software routine, program or mechanism to permit unauthorized access into, to disable, to erase in whole or in part or otherwise to adversely affect the Programs, including, but not limited to, data stored on the Programs, related software or any equipment maintained or used by HWP.

(f) You may not use the Programs for any illegal, or unlawful purpose or in any manner inconsistent with applicable law or this Agreement.

(g) You shall comply with such reasonable policies, procedures and instructions as may be established by HWP from time to time concerning access to and use of the Programs upon receipt of written notice to you of such policies, procedures or instructions.

VIOLATION OR DEFAULT BY YOU OF ANY REQUIREMENTS OR RESTRICTIONS SET FORTH HEREIN SHALL CONSTITUTE BREACH OF A MATERIAL PROVISION OF THE AGREEMENT RESULTING IN HWP’S RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE THIS AGREEMENT, TURN OFF ACCESS AND TO SEEK ALL REMEDIES AVAILABLE AT LAW OR IN EQUITY.

Modifications and Upgrades HWP shall have the right in its sole discretion to substitute, replace, modify or upgrade the Programs or any part or aspect of it as HWP deems advisable; and all substitutions, replacements, modifications and upgrades shall be incorporated in and subject to this Agreement and shall be the exclusive property of HWP hereunder.  If HWP shall provide you with any substitutions, replacements, modifications and/or upgrades, you will be required to utilize such version.  HWP will only be required to support the most recent and current version provided to you, and not any previous version.

Billing and Payment

You will be required to provide credit card or bank account details to HWP and the Payment Service Provider retained by HWP, Stripe (www.STRIPE.com) (the “PSP”) in order to purchase HWP Programs and products.

You may be required to register with the PSP, agree to Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. The PSP’s Terms of Service are available here (the “PSP Agreement”). By accepting these Terms of Use, each Purchaser agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that the HWP is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that the HWP has no obligations or liability to any Purchaser under the PSP Agreement.

HWP uses Avalara for its compliance with relevant state sales tax laws.  In order to comply with sales tax reporting requirements, HWP will transmit the following information to Avalara: transaction date, items sold, price, origin address, and destination address.  Avalara’s Terms of Service and Privacy Policy are available here and here respectively.  By accepting this Subscription Agreement and our Terms of Use, each Purchaser agrees that they have downloaded or printed, and reviewed and agreed to the Avalara’s Terms of Service and Privacy Policy.

HWP reserves the right, in its sole discretion to (i) hold any payment, (ii) refund, provide credits or arrange for the PSP to do so, (iii) withhold any taxes for the purchased programs or products as required by applicable state or federal law.

Fees

Current applicable fees for services are published and publicly available on this Site.  By providing us with your payment information, you authorize and instruct us to bill your credit card account for the amount of your purchase or initial subscription fee.  Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes.  We may in our sole discretion change some or all of the applicable fees at any time.  HWP complies with Commonwealth of Massachusetts Data Privacy laws regarding the use and storage of credit card and other financial information to protect your data. Pricing and Fees are subject to periodic increases.

Use of Site

Your use of the Site is at the sole discretion of HWP, who may deny you further use of the Site at any time, for any reason, with or without cause.   You must comply with all agreements and policies applicable to this Site, including those listed in our Terms of Use.

Registration Data

If applicable, Information collected as part of your Program Delivery and / or participation in HWP Programs may include, but is not limited to: first name, last name, e-mail address, postal address, telephone number, applicable billing information (e.g. credit card number and expiration date), current weight, current height, mood, health details, food preferences, activity preferences, and the like.  In providing your personal health information (“PHI”), HWP and Purchaser acknowledge its respective requirements under the United States Health Insurance Portability and Accountability Act of 1996 (HIPPA) (and its amendments, rules, and regulations) and its amendments, rules, and regulations and has protocols to protect any unauthorized use or disclosure of this information.

You agree to provide us with current, complete, and accurate registration information in the registration process and to maintain and update your registration information as necessary to keep it current, complete and accurate. Any credit card information you provide us with will be accurate, and you represent you have full authority to charge items to such credit card. You authorize us to use the credit card data for automatic renewal billing and our internal administrative use.  You further authorize us to share your credit card information and registration information our PSP, as we deem necessary and appropriate.

You are responsible for all actions made under your chosen username and password and will only use the Site and Program under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone.  If it is compromised, you must change it.  You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.  In the event of a known or suspected breach of your account, you agree to notify us immediately.  YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ID (USERNAME) AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Ordering Policy

Product Descriptions and Display.  We have made every effort to describe and display the products featured on this Site as accurately as possible.  Please note however that, as is the case with all computer images, the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen.  The Site cannot be responsible for the limitations of your monitor’s display of any color, texture, or detail of actual merchandise.  HWP is not responsible for errors in typography and photography.

Payment Terms and Pricing.  We reserve the right to refuse orders if we suspect you are in any way involved in fraudulent or illegal activity on the Site, including, but not limited to, the use of stolen credit cards.

You agree to pay, using a valid Credit or Debit card (or other form of payment accepted), the fixed and/or periodic charges and fees outlined on this Site. This includes but is not limited to:

  • Purchase fees as noted in website shop
  • Recurring Monthly Fee, if applicable to a subscription, outlined in the website shop

We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Site, via e-mail or other means we deem appropriate.

Credit and Debit cards are charged on the day of ordering. We will confirm that your order has been received and is being processed by a confirmation email to your given e-mail. Please check that the details on the e-mail are correct as soon as possible and print a copy as confirmation of your order.

Please ensure that all details you provide to HWP for the purpose of ordering or purchasing goods or services are correct.  By providing the credit or debit card information used to purchase the Programs you represent that you are using a card owned by you or one which you are expressly authorized to use and that there are sufficient funds to cover the cost of the goods or services ordered.  If there are any changes to the details supplied at the time of order it is your responsibility to inform the HWP team as soon as possible.

Special offers will be available from time to time.  If further terms apply to these offers, they will be included in specific Special Offer Terms, and are incorporated into this Subscription Agreement by this reference.

Prices, products, and descriptions on this site are subject to change without notice.

Orders will be shipped by a courier engaged by us, and costs are included already within pricing  Estimated delivery time once we ship your order is 10-15 days, but is not guaranteed for delivery in that time. After you have placed your order, you will receive an email to your HWP inbox confirming your order, listing the item(s) and quantity ordered, and total cost of the product, tax if applicable and shipping. We cannot ship to multiple addresses from the same order. If you want to ship items to multiple addresses, you must place separate orders for each shipping address.  If your order is undeliverable, it will be returned to us and we will notify you via email address provided at checkout that your order could not be delivered. We will automatically refund the cost of the order, but not the shipping costs.

Undelivered orders.  We aim to deliver within 10-15 business days of receiving your order, however we occasionally experience unforeseen delays in delivery and will do our best to keep you updated. If your delivery is severely overdue and you have not received delivery notification, please contact the HWP team, letting us know that you haven’t yet received your order.

 

Returns and Restocking.  You can remove items from your shopping cart at any time before clicking “Confirm Order”.  All purchases are non-exchangeable, non-refundable, and non-transferrable.  If you choose to cancel your order after it has been dispatched, notice must be given in writing within 7 working days of receiving the goods. Notification may be sent by contacting the HWP team letting us know that you’d like to cancel your order.

Please note that, unless the item is damaged or has been delivered in error, you will be responsible for the costs of returning the goods to us.  If we do not receive the item back from you with the delivery slip, we may arrange for collection of the item from your residence at your cost.

We reserve the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at our sole discretion.

Once we receive notification from you that you wish to cancel your order (in accordance with these terms), any sum debited to HWP in relation to your order will be re-credited to that account as soon as possible and in any event within 30 days of receiving the returned item(s).

Credit Card Guidelines.  We accept Visa, MasterCard, American Express and Discover.  You will bear all costs associated with a disputed credit card charge which results in action from the PSP, otherwise known as “chargebacks,” from your credit card provider.  The PSP is an unrelated entity and there is no association between HWP and its PSP except for its processing of HWP’s electronic transactions.

Cancellation/Refund Policy

Once you have become a subscriber you can cancel your monthly re-subscriptions at any time by giving us 2 weeks notice.  Until we receive this notice, we will continue to deduct your subscription from your Debit or Credit card each month at the then applicable monthly rate.

Depending on when we receive your notice of cancellation, it is possible that we may have already charged you for your next subscription period.  In that case, contact us and we will refund you the full amount for that next subscription period as long as you do not access the Programs during that next period.  We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.

Termination Policy

HWP may terminate your right to use this Site or the Programs, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, non-payment, declined payment, misuse or lack of use.  In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.  HWP reserves the right to cancel the subscription if it suspects fraud or a cyber incident. You will be promptly notified after a reasonable investigation.

Upon termination all licenses and rights granted by HWP to you shall terminate immediately and automatically and, notwithstanding any other provisions of this Agreement, you shall immediately cease use of all licensed items including without limitation the Programs.  You acknowledge that your use of the Site and Programs after the expiration or termination of this Agreement shall be a misappropriation of HWP’s property.

Policy updated March 2024