Terms of Use

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.

The following HWP Programs are recommended to be delivered to groups of approximately twelve to fifteen (12-15) Participants and their families, or less.

Our 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:

• 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.

Prices are subject to change. See our Subscription Agreement for complete details. All other terms and conditions apply.

Our 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 handbooks (choice of Spanish or English)
• Electronic and/or paper leaders manual, format at our discretion
• MEND 2-5 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 OMMS.   Prices are subject to change. See our Subscription Agreement for complete details. All other terms and conditions apply.

Our Healthy Together powered by MEND Program

This Program features:

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

Optional features:

• 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 for1-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

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.  Prices are subject to change.  See our Subscription Agreement for complete details. All other terms and conditions apply.

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 Programs.

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 and the WHO BMI guidelines for Canadian 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.

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

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, when you post User Content to the Site or to the Programs (as defined in the Subscription Agreement), 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

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) 13th 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.

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 is conditioned on such compliance with the conditions and requirements of this Agreement and adherence to the Subscription Agreement.

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.

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. See Subscription Agreement.

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 these 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.

Registration Data

Information collected as part of your purchase 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 Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) (and its amendments, rules, and regulations) and has protocols to protect any unauthorized use or disclosure of this information. See also Privacy Policy.

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 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 (as defined in the Subscription Agreement) 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 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.

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 866-559-5114.  Normal business hours are Monday through Friday, 9:00 a.m. to 5:00 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, and 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

This Agreement last updated May 28, 2018

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.