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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 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 that contract. 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 which describes our information gathering and dissemination practices for this Site. To review, please click here.
YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, THE WEBSITE TERMS OF USE AGREEMENT, AND THE PRIVACY AND CHILD PROTECTION POLICY, AS THEY MAY BE AMENDED FROM TIME TO TIME.
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).
Equipment, Software and Connectivity Requirements. Proper function of the Programs requires your compliance with the following minimum specifications for equipment, software and connectivity to function properly:
Equipment: Users can access OMMS 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.
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.
General Customer Obligations. You shall provide HWP with complete, accurate and timely information necessary to permit HWP to provide the services contemplated in this Agreement. You shall cooperate promptly to provide accurate and full responses to any inquiry or concern of HWP for clarification, documentation or further information related to the HWP Services. 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. You agree that you will not use any device, software or routine to bypass HWP’s protections on its Data and content, or to interfere or attempt to interfere with the proper working of the Programs.
Consents and Authority. Program 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
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 shall not 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 effect 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 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.
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 applicable fees at any time.
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 .
Ownership
The Programs and all related Intellectual Property shall be and remain the exclusive property of HWP or its licensor. 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.
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 see 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. For optimal viewing, we recommend setting your monitor to 1024 x 768. 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 fee
- Recurring Monthly Fee
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 these Terms by this reference.
Prices, products, and descriptions on this site are subject to change without notice.
Orders will ship by a courier engaged by us. 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. 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. For additional information regarding the privacy of your sensitive cardholder data, please read the privacy policy for the PSP which is available by clicking here.
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, 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.
updated May 2018