Terms of Service
Last Updated: August 21, 2018
These Terms of Service (“Terms of Service”) govern your access to and use of the MHW website (WWW.MARYLANDHEALTHYWEIGHS.COM) (the “Website” or the “Site”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU START TO USE THE SITE. The Site is intended for users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If you do not meet these requirements, you must not access or use the Site.
BY USING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS OF SERVICE, WHICH FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MARYLAND HEALTHY WEIGHS (“MHW”, “WE” OR “US”). If you do not want to agree to these Terms of Service, please do not access or use the Site.
IMPORTANT INFORMATION: YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE STARTING ANY DIET OR EXERCISE PROGRAM. ANY DIET PROGRAM MAY POSE HEALTH RISKS IF NOT EVALUATED WITH YOUR CURRENT MEDICAL CONDITION AND SHOULD BE ASSESSED BY A MEDICAL PROFESSIONAL TO DETERMINE IF IT IS RIGHT FOR YOU.
Changes to these Terms of Service
We may modify these Terms of Service from time to time in our sole discretion. If we modify these Terms of Service we will post the revised version on the Website. You may access these Terms of Service at any time on the Terms of Service page of the Website. Please review these Terms of Service from time to time so you are aware of any changes. If you disagree with the changes, you must discontinue your use of the Site, including purchase of Products through the Site and other activities available through the Site. Your continued use of the Site after the effective date of the changes signifies your agreement to the new or changed terms.
Subject to these Terms of Service, MHW hereby grants you a limited, nonexclusive, nontransferable license to access and use this Website. The licenses granted hereunder are granted solely for your personal and noncommercial purposes.
You acknowledge and agree that your access to the Website is licensed and not sold to you under these Terms. You do not acquire any ownership interest in the the Website, and MHW reserves and shall retain the entire right, title and interest thereto, including all copyrights, trademarks and other intellectual property relating thereto, except as expressly granted to you under these Terms.
The licenses granted to you shall automatically terminate if you do not comply with any aspect of these Terms of Service. You may not use, download, or export the Site in violation of any applicable laws or regulations. You may not use the Site in any manner that could damage, disable, overburden, or impair MHW servers or networks, or interfere with any other party’s use and enjoyment of the Site. MHW may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
You certify that all information that you provide to create your Account and in connection with your use of the Site is true, accurate, current, and complete, and you agree to maintain and update your information to keep it true, accurate, current, and complete.
Purchase of Products
Your purchases of Products through the Site are governed by additional terms and conditions which you will need to review and accept at the time of purchase. All descriptions of Products and Product pricing are subject to change at any time without notice, at MHW’s sole discretion. MHW reserves the right to discontinue any Product at any time. MHW may limit, at its sole discretion, the sales of its Products or services, or quantities thereof, to any person, geographic region, or jurisdiction. MHW may exercise this right on a case-by-case basis. Any offer for any product or service made on the Site is void where prohibited. If you elect to purchase Products through the Site, you agree to provide current, complete, and accurate purchase and account information.
In addition to providing information about our local facility-based weight-loss programs, the Site offers you the opportunity to join HMR’s Healthy Solutions at Home Program. If you sign up for any of the Remote Programs, you will be asked to accept certain additional terms and conditions that apply to that program (“Additional Terms”). The Additional Terms may be posted from time to time on the Site. All Additional Terms are hereby incorporated by this reference into these Terms of Service.
There are certain restrictions on persons who should engage in the structured Remote Program options and this information is available in the HEALTH AND PRIVACY ACKNOWLEDGMENT. If you sign up for “AUTO DELIVERY” of Products as part of one of HMR’s structured Remote Programs, you will be required to acknowledge your review and understanding of this important health information, including exclusions to participation in the Remote Programs for health-related reasons.
Health-related information changes frequently and therefore, information contained on the Site may be outdated, incomplete or incorrect. Applying this information in a particular situation remains your responsibility, and you should consult a doctor or other qualified healthcare professional regarding any questions you have about your health or before making any decisions related to your health or wellness. If you are a doctor or other qualified healthcare professional, you should not allow the content of the Site to substitute for your own medical judgment, which you should exercise in evaluating the information on the Site. PLEASE DO NOT RELY ON THE SITE FOR ANY MEDICAL DIAGNOSIS OR TREATMENT RECOMMENDATION OR OTHER HEALTHCARE ADVICE.
You expressly acknowledge and agree that MHW and its affiliates as well as its and their respective employees and suppliers are not responsible for the results of your decisions resulting from the use of the Site, purchasing Products, joining a Remote Program or choosing to seek or not to seek professional medical care. MHW and its affiliates as well as its and their respective employees and suppliers shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your use of the Site or your reliance on the content of the Site, including without limitation, your failure to timely read messages you may receive through the Site.
THE SITE HAS NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMNISTRATION OR ANY EQUIVALENT REGULATORY AUTHORITY IN ANY OTHER JURISDICTION. THE SITE IS NOT INTENDED TO DIAGNOSE, TREAT, MITIGATE, ALLEVIATE, MONITOR, CURE, PREVENT, OR COMPENSATE FOR ANY DISEASE, CONDITION, INJURY, HANDICAP OR DISABILITY. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL.
Recipes and Resources Pages – Community Activities
MHW has created the “Recipes and Resources Pages” to share information and the experiences of the many people who have participated in MHW Programs, used MHW’s Products, or in some other way have brought, or would like to bring, MHW’s approach to weight management and healthy lifestyles into their lives. You may view the Recipes and Resources Pages and share the content on these pages without creating an Account. Currently, the Recipes and Resources Pages are not allowing new user submitted recipes, success stories or articles.
The focus of the Recipes and Resources Pages is on building a relationship among MHW-connected people and those who many be interested in MHW to further our mission (to improve the health of others). As part of building an MHW community, you will have the opportunity to submit ideas for, and user-generated content on, MHW sponsored Forums, etc. It is our hope that you will get support from the MHW content and from the content submitted by other users.
Keep in mind that any content that you post will be considered non-confidential and non-proprietary, and that you are granting to MHW an irrevocable, perpetual, royalty-free, worldwide, transferable license to use, reproduce, modify, display disclose, distribute, publish, and make derivative works from such content for any purpose.
User-submitted content will be subject to review. In some cases, MHW may make minor edits. MHW will remove any user-generated content that it feels is inappropriate or conflicts with the rights of those who own such material. In doing so, MHW will use its own judgment consistent with the spirit of the Site. We know that the vast majority of users understand the importance of demonstrating respect for others as part of using the Site.
Although we review user-submitted content on a regular basis, in the end, it is largely up to you, our users, to decide what is appropriate. In getting to know many of our MHW participants over the years, we are confident that you will use good judgment when contributing your thoughts, ideas, and experiences to the Recipes and Resources Pages and to the many people you will reach. Below are some common-sense “community etiquette” points and other advice for submissions:
- Respect the rights of others and their rights to privacy: If you identify third parties or minors (names, photos, videos or any other identifying information), check before making identifying references to them.
- Keep it clean and keep it calm: This is your community. Consider whether something you say may be hurtful or offensive to other people. We will remove any postings that include any vulgar, foul, or obscene language or imagery. Keep this in mind when posting content, photos, or videos. We want this to be a place where everyone feels at ease with the content.
- Courtesy: Community members include you and anyone who participates on this Website, as well as both MHW and MHW Program staff who are here to help you. Please be courteous to your Community users so that this remains a safe and enjoyable community.
- Consider whether something you discuss is confidential and avoid unnecessary discussion about more private or confidential information.
- If you do not own the material you post as a comment or in a Forum (for example, if you did not write it yourself), you must have permission to post it. Never post anything you know may violate a law or the rights of others (e.g., privacy and copyright laws).
- Don’t pretend to be some other real person. Present truthful information about your own life and experiences.
- The Site is not intended for non-Community users (such as promotion of your business, charity, commercial URL, or the promotion, sale, or auction of any products or services).
Please help us to maintain the standards of conduct for the Recipes and Resources Pages. If you see a post that appears to violate our community guidelines, please help by clicking on the “Contact Us” page. Your postings and other contributions will also be accessible by anyone using the Internet. Although you will have some control over editing and deleting comments as described immediately below, your posting is available to everyone once you submit it unless and until you modify it. Keep in mind that when you decide what you will post. We hope that you will use the Recipes and Resources Pages to help you by posing questions through the Forums and comments you make. If you have further questions, please use the “Contact Us” page. We hope you find these guidelines both helpful and reassuring as you participate in the Recipes and Resources Pages. Ultimately, we believe that your participation will enrich the Site as well.
We respect the intellectual property of others. If you believe that any user-submitted content may infringe your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is MHW’s policy to terminate the Accounts of repeat infringers.
The Website features and functionality (including by not limited to all information, software, text, displays, images, video and audio, and the design, selections and arrangement thereof), and all Intellectual Property Rights relating thereto are owned by MHW, its licensors, or other providers of such material. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party to, (i) copy, sell, rent, lease, license, sublicense, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, assign, reverse engineer, disassemble, modify, loan, export or otherwise attempt to derive source code, technology, or other materials from or relating to the Site; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Site; (iii) use the Site to access, copy, transfer, transcode, or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter MHW’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site.
You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on the Site, whether or not appearing in large print, italics, or with the trademark symbol, are owned by MHW or its affiliated companies, or are used under license. The Site may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of MHW and/or other parties. No license to, or right in, any such trademarks, logos, designs, slogans, trade dress, patents, trade secrets, technologies, products, processes, or other proprietary rights of MHW and/or other parties is granted to, or conferred upon, you under these Terms of Service.
Links from the Site
The Site may contain links to other websites, applications, resources and content provided by third parties (“Third Party Materials”). These links are provided for your convenience only. MHW does not control nor assume any responsibility for Third Party Materials, including their accuracy, completeness, timeliness, validity, or any other aspect thereof. You agree that MHW shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such information or other content, or for the practices of any non-MHW site or resource operator, including with respect to the protection of personally identifiable information. Your use of such Third Party Materials shall be subject to the terms and conditions of use of the third party.
MHW may from time to time in its sole discretion update the Site and/or the information contained on the Site, which may include new features and/or functionality, upgrades, bug fixes, patches, and error corrections (“Updates”). Updates may also modify or delete certain features and functionality in their entirety. All Updates shall be subject to these Terms of Service.
MHW has no obligation to provide any particular features or functionality and reserves the right to modify or deactivate the Site, and and any material, services, or Products provided on the Site, in its sole discretion at any time without notice. MHW will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Site, MHW Programs or Products.
The Site may contain, use or present information derived from third party sources. The information contained on the Site, including, but not limited to clinical references, images, tools and other related items, are intended to be used only as a reference resource and not as a complete reference. While care has been taken to confirm the accuracy of the information presented based on the sources used and, where applicable, to describe generally accepted practices, NEITHER MHW, NOR ITS RESPECTIVE LICENSORS, AUTHORS, EDITORS, REVIEWERS, CONTRIBUTORS AND PUBLISHERS ARE RESPONSIBLE FOR ERRORS OR OMISSIONS OR FOR ANY CONSEQUENCES FROM RELIANCE ON OR APPLICATION OF THE INFORMATION CONTAINED ON THE SITE AND MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CURRENCY, COMPLETENESS, USEFULNESS, OR ACCURACY OF THE CONTENTS OF ANY SUCH INFORMATION. MHW does not endorse and is not responsible for the accuracy of the content from non-MHW sources, or for practices or standards of non-MHW sources.
THE WEBSITE, PRODUCTS, REMOTE PROGRAMS, AND CONTENT AND MATERIALS OFFERED ON OR THROUGH THE SITE IS PROVIDED “AS IS” AND ON “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THAT MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
MHW DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (I) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, (III) AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE (INCLUDING THIRD PARTY CONTENT), OR (IV) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Although MHW uses industry standard security, no system can guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Site, information will be transmitted over a medium that is beyond MHW’s control and the control of MHW’s suppliers. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.
MHW WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE.
Limitation of Liability
MHW DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, ANY THIRD PARTY MATERIALS LINKED TO THE SITE, AND ANY CONTENT ON OR LINKED TO THE SITE, NO MATTER THEIR ALLEGED CAUSE NOR THEORY OF LIABILITY ON WHICH THEY ARE BASED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA OR BUSINESS OPERATION. IN NO INSTANCE SHALL MHW BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES WHATSOEVER, IN CONNECTION WITH YOUR USE OF THE SITE OR THEIR CONTENTS IS LIMITED TO YOUR RIGHT TO STOP USING THE SITE. IF THE LAWS OF ANY JURISDICTION DO NOT ALLOW A COMPLETE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SUCH DISALLOWANCE SHALL BE APPLIED ONLY TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if know by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify, defend, and hold harmless MHW and its affiliates, licensors and service providers, as well as its and their respective officers, directors, owners, employees, and other agents or representatives in respect to all losses, liabilities, costs, claims, damages, and demands (including reasonable attorneys’ fees) arising out of or relating to your use of the Site, including the content on the Site, or any other associated programs (including any user-generated content you post or submit to the Site), your breach of any of these Terms of Service or your violation or misappropriation of any rights of another in connection with the Site.
These Terms of Service constitute a binding agreement between you and MHW and will remain effective until terminated by you or by MHW, which may be done at any time. You may terminate this Agreement by ceasing to use the Site. MHW may terminate the agreement with you set forth in these Terms of Service at any time without notice, including, without limitation, by ceasing to make the Site available. Your rights under the licenses granted herein will terminate automatically without notice from MHW if you fail to comply with any of these Terms of Service.
Dispute Resolution; Arbitration
Most customer concerns can be resolved quickly by calling MHW’s customer service team at 443-205-4421 or by using the “Contact Us” page. If any dispute arises between you and MHW concerning these Terms of Service or your use of the Site, you and MHW shall first try to resolve the dispute through good-faith negotiations.
No party shall be liable for a failure or delay in performing any of its obligations under these Terms of Service if, and only to the extent that such failure or delay is due to causes beyond the reasonable control of the affected party, including (i) acts of God; (ii) fire, explosion, or unusually severe weather; (iii) war, invasion, riot or other civil unrest; (iv) governmental laws, orders, restrictions, actions, embargoes or blockages; (v) national or regional emergency; and provided that the party affected shall promptly notify the other of the force majeure condition and shall exert reasonable efforts to eliminate, cure or over come any such causes and effects and to resume performance of its obligations as soon as possible.
Any provisions of these Terms of Service that by their terms or nature survive after you cease using the Site or decide to terminate your Account, as well as the provisions of these Terms of Service concerning medical information/conditions, consent to collection and use of data, disclaimers of warranties, limitation of liability, indemnities, proprietary rights, dispute resolution, survival, and interpretation of these Terms of Service, shall remain in effect after you cease using the Site, or decide to terminate your Account.
You agree to access and use the Site in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use the Site for any illegal on wrongful purposes. You may not assign or transfer your rights or obligations under these Terms of Service without the prior written consent of MHW. MHW may assign these Terms of Service without your consent to a subsidiary, affiliate, or successor to all or a substantial part of its business and assets. Subject to the foregoing, these Terms of Service will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
MHW may perform any of its obligations or exercise any of its rights under these Terms of Service through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with MHW). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions of these Terms of Service shall remain in full force and effect. MHW’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of its right to enforce such right or provision. Section headings in these Terms of Service are used solely for the convenience of the parties and have no legal or contractual significance. These Terms of Service constitutes the parties’ final, exclusive and complete understanding and agreement with respect to your use of the Site and supersedes all prior and contemporaneous understandings and agreements, oral or written, between the parties (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software). In no event will any additional or inconsistent terms in any purchase order or similar document submitted by you modify the terms of these Terms of Service.
Should you have any questions regarding the Site or these Terms of Service, please contact MHW at 443-205-4421 or click on the “Contact Us” page of the Website. If you do not agree to be legally bound by these Terms of Service when you use the Site, please do not use the Site.
Reporting Claims of Copyright Infringement
MHW takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe on your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (178 U.S.C § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Maryland Healthy Weighs
124 Market Square
Cambridge, MD 21613
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.