Terms & Conditions
Terms and Conditions of Use
Content and Copyright, Trademark, and Related Issues
All content, including information, text and graphics and all other material contained on the Website or features and functions which may be available on or through the Website (collectively, the “Content”) is for your personal informational purposes only. Content is owned by HPG or our licensors and is protected by the copyright, trademark and other laws and regulations of the United States and applicable foreign jurisdictions. Your use of the Content in any way not expressly permitted by these Terms and Conditions will immediately and automatically terminate your right to access the Website and/or use the Content. Access to the Website and the Content are subject to change or termination without notice.
The trademarks, names, slogans, logos, characters and service marks (collectively the “Trademarks”) displayed on our Website belong to HPG or have been licensed to HPG. Nothing contained on the Website should be construed as granting you any license or right to use any Trademark displayed on our Website. Your use/misuse of the Trademarks, except as provided in these Terms and Conditions, is strictly prohibited.
HPG will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
Nutrition, Fitness and Wellness Information
Some Content presented on the Website contains general nutrition, fitness and wellness information. The Content is provided for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a particular medical condition. Never disregard professional medical advice or delay seeking such advice because of anything on or associated with the Website. If you think you may have a medical emergency, call your doctor or 911 immediately. You should always consult your own qualified health care professional concerning your particular circumstances and needs and should not and may not rely on the Website or any Content.
The material on the Website is for informational purposes only and is not intended as a substitute for the advice and care of your physician. As with all new weight loss or weight maintenance regimes, the nutrition program described on the Website should be followed only after first consulting with your physician to make sure it is appropriate for your individual circumstances. Keep in mind that nutritional needs vary from person to person, depending on age, sex, health status, and total diet. Responsibility for any adverse effects that may result from the use or application of the information contained on this Website is expressly disclaimed.
If you sign up for our Online Club and select monthly or annual membership your credit card will automatically be billed each month or year on the anniversary date at your current rate unless you cancel membership. There are no refunds for the Online Club. If you would like to cancel your membership, please contact us using our contact form and you will not be billed for the next billing period. We reserve the right to change pricing effective with your renewal date. If payment cannot be charged to your credit card we reserve the right to suspend or terminate your access and account. You can cancel your membership and join again at a later starting a new registration. If you would like to change your membership please contact us via our contact form.
Products Orders and Refunds
Please click on the following link: Shipping and Returns Policies
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 the Website or such other means as we may deem appropriate from time to time (including electronic mail).
Passwords and Security
If you are a registered member of our Website you are responsible for maintaining the confidentiality of your password and user account information. You agree to notify us in the event of any known or suspected unauthorized use of your user account. HPG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Linking / Third Party Links on the Website
Do not, without HPG’s written permission,: (a) incorporate any content from our Website into your website (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Website in any “metatag” or other information used by search engines or other information location tools to identify and select websites.
Limitation of Liability
The use of the Website and Content is at your own risk. Transmissions over the Internet and communications networks are not in HPGs control and can never be completely secure. Accordingly, HPG cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Website, including information you provide to us or the Website for any reason.
TO THE FULLEST EXTENT PERMITTED BY LAW, HPG AND THE WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall HPG, the Website, our licensors, suppliers or Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, HPG shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1,000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Website, the Content or otherwise arising hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
You agree to defend, indemnify, and hold HPG, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.
HPG is based in California, in the United States of America. HPG makes no claims that the Website, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any terms or conditions in these Terms and Conditions of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms and Conditions of Use.
Law that Applies; Interpretation and Modification
By using the Website, you expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Los Angeles, State of California, to adjudicate and resolve any dispute with HPG, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Website, including, but not limited to, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
Questions or comments regarding this Website, including reports of non-functioning links, should be submitted using our contact us form or via U.S. mail to:
Haylie Pomroy Group, Inc.
1281E. Magnolia St. Uni D11048
Fort Collins, CO 80524