Terms of Use Agreement

These Terms of Use (“Agreement”) constitute a valid, binding contract between each user (“you” or “your”) 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 the use of either or both websites (the “Site”).  The information provided on this site is provided subject to compliance with the terms of this Agreement.  YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME.  PLEASE READ THIS AGREEMENT CAREFULLY AS IT FORMS A BINDING CONTRACT BETWEEN YOU AND HWP.  PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

HWP works with community based organizations and individuals who deliver its Programs.  Program Leaders and Coaches will deliver these Programs to eligible children and families (“Participants”).  Any individual, company, or organization, and each of their respective agents, who purchase any of the Programs are referred to herein as “Purchasers.”

This Site is intended for use by individuals over the age of 18 years.  No one under that age should carry out any activity on this Site without the direct supervision and authorization of a parent or legal guardian.

Use of Contents

The content of the Site is for personal, non-commercial use, unless as otherwise provided under a specific license granted to you in the Subscription Agreement.

Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices.

Use of Site to Access Programs

We provide accessibility tools to aid your review of our Site.   Your use of the Site is at the sole discretion of HWP, which may deny you further use of the Site at any time, for any reason, with or without cause.  Your use of the Site does not entitle you to continued use of the Site.

You agree and represent not to use the Site to:

(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for purposes of misleading others;

(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) upload, post, e-mail or otherwise transmit any content that you do not have the right to publicize under law;

(e) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;

(f) harvest or otherwise collect information about others (including email addresses) without their consent;

(g) use automated scripts to collect information from or otherwise interact with the Site;

(h) violate any applicable local, state, national or international law; or

(j) post other people’s personal identification, contact or confidential information, including but not limited to credit card numbers, Social Security numbers, driver’s and other license numbers, passwords, names, phone numbers, addresses, and email addresses.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior express written permission.  You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorized by HWP.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HWP or its affiliates without prior express written consent.  You may not use meta tags or any other “hidden text” utilizing HWP’s name or trademarks without the express written consent of HWP.  Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of HWP is strictly prohibited.

Links to Other Sites

The Site may contain links to third party websites. Any links that are provided are not intended to state or imply that HWP sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

HWP makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites.  If you decide to access linked third-party websites, you do so at your own risk.  HWP’s liability and responsibility in relation to any information on any third-party site or any product purchased through such third-party site is expressly limited by the terms of this Agreement.

User Content

HWP reserves the right to remove and delete, at any time and without any notice, any user content hosted on the Site’s server, including, text, files, links, attachments, comments, or other materials posted on the Site’s server (collectively, “User Content”), or any other Site content that is inappropriate or otherwise warrants removal in the opinion of HWP in its sole and absolute discretion.

If applicable, if you post User Content to the Site or to the Programs, if purchased or invited by a Purchaser, Program Leader or Coach to do so, you are granting to the Site, or warranting that the owner of such User Content has granted to the Site, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, nonexclusive right in all intellectual property rights to use, reproduce, modify, transmit, distribute, perform, and display such User Content (in whole or in part) and/or to incorporate such User Content in other works in any form, media, or technology, subject to the terms of our Privacy Policy.  All material or information that you upload, post, or disseminate on or through the Site will be treated as non-confidential and non-proprietary, and may be used or disseminated by the Site or its affiliates for any purpose, subject to the terms of our Privacy Policy. You also acknowledge and agree that the Site is free to use any ideas, concepts, know-how, feedback, or techniques that you provide for any purpose without any compensation to you.

Indemnification

IF YOU DELIVER THESE PROGRAMS AND AN INJURY LEADING TO A LAWSUIT IS BROUGHT AGAINST HWP YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HWP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ATTORNEYS, INDEPENDENT CONTRACTORS, PROVIDERS, SUBSIDIARIES, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIM, LOSS, EXPENSE OR DEMAND OF LIABILITY, INCLUDING ATTORNEYS’ FEES AND COSTS INCURRED, IN CONNECTION WITH (I) YOUR USE OR INABILITY TO USE THE SITE, OR (II) ANY CONTENT SUBMITTED BY YOU OR USING YOUR ACCOUNT TO THE SITE, INCLUDING, BUT NOT LIMITED TO THE EXTENT SUCH CONTENT MAY INFRINGE ON THE INTELLECTUAL RIGHTS OF A THIRD PARTY OR OTHERWISE BE ILLEGAL OR UNLAWFUL. HWP PRESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO YOUR INDEMNIFICATION. YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF HWP.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  HWP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.  THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

(b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(c) THE HWP WEBSITE IS DESIGNED FOR INFORMATION PURPOSES ONLY. IT IS NOT INTENDED AS A SUBSTITUTE FOR ANY ADVICE OR TREATMENT PRESCRIBED BY A HEALTH CARE PROVIDER. INFORMATION GIVEN HERE SHOULD NOT BE USED FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. IF YOU HAVE A MEDICAL CONDITION WHICH MAY BE ADVERSELY AFFECTED BY EXERCISE YOU SHOULD CONSULT YOUR HEALTHCARE PROVIDER PHYSICIAN BEFORE FOLLOWING ANY EXERCISE INFORMATION GIVEN HERE.

(d) HWP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, PLANS, CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

(e) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HWP OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HWP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HWP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SITE;

(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(c) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE;

(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR

(e) ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.  NOTWITHSTANDING THE FOREGOING, HWP’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100 (USD).  YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST HWP ARISING OUT OF THE USE OF THE SITE.

HWP SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

Dispute Resolution

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and HWP agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to HWP. HWP’s address for such notices is Healthy Weight Partnership, Inc., c/o Furman Gregory Deptula, Four (4) 13^th Street, Boston, MA 02129.

BINDING ARBITRATION. If you and HWP are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Notwithstanding the exceptions of this provision, the arbitration may be conducted in person, through the submission of documents, by phone or online.  Depositions, if any, may be conducted in person or through video conference.  The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and HWP may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Boston, Massachusetts with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and HWP agree that any arbitration will be limited to the Dispute between HWP and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HWP ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and HWP otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.

LOCATION OF ARBITRATION. If an actual venue is needed or required for all parties in the Arbitration, such venue will be Boston, Massachusetts.

Modification

HWP may at any time modify, add to, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. HWP will provide notice of any updates, revisions, supplements, modifications or amendments to this Agreement on the Site’s homepage.  By continuing to use the Site after the posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site is subject to the most current version of this Agreement.

Entire Agreement

This Agreement, together with the User Subscription Agreement and Ordering Policy (as applicable) and Privacy Policy constitute the entire agreement between you and HWP with respect to your use of the Site and the HWP Programs. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.  If you are a customer of HWP who has a written agreement with HWP, this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with HWP.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Governing Law and Venue

HWP’s principal office is in the Commonwealth of Massachusetts and this Site (excluding external links, if any) is controlled by HWP and its agents and affiliates.  The Site can be accessed from all 50 states, as well as from other countries around the world.  As each of these jurisdictions has laws and regulations that may differ from those of Massachusetts, by accessing this Site both you and HWP agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).  In the case of a Dispute not subject to Arbitration, you and HWP agree any such Dispute arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Boston, Massachusetts. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination

HWP may terminate your right to use this Site or the Program, 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, and lack of use.  In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

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.

Contact Information

If you have a comment, question, or concern involving user or participant privacy, personal identifiable information, child safety or other sensitive matters please contact your Purchaser, Program Leader or Coach.  Otherwise, you can contact us directly at: info@healthyweightpartnership.org

Otherwise:

If you have a comment, question or request, there are three easy ways to do so.

(A) Email:  info@healthyweightpartnership.org

• You can email us at:  here.

 

(B) Telephone: You may call us at 818-879-0493.  Normal business hours are Monday through Friday, 10:00 a.m. to 6:00 p.m. Central Time. 

(C) U.S. Mail: 

• Send mail to HWP at:
  Healthy Weight Partnership, Inc.
  5158 Clareton Dr
  Unit 2608
  Agoura Hills, CA 91376

Cookies

HWP uses cookies on this Site.  By using the Site, you consent to the use of cookies.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Site or a third-party to recognize you and make your next visit easier and the Site more useful to you.  Cookies can be “persistent” or “session” cookies.

How HWP uses cookies

When you use and access the Site, we may place a number of cookies files in your web browser.

If applicable, we use cookies for the following purposes: to enable certain functions of the Site, to provide analytics, to store your preferences..

We use both session and persistent cookies on the Site and we use different types of cookies to run the Site.  We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Site, and so on.

What are your choices regarding cookies

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

Updates to Terms of use

March 2024