Terms & Conditions

Terms and Conditions of Use

THESE TERMS AND CONDITIONS OF USE, INCLUDING OUR PRIVACY POLICY, CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HAYLIE POMROY GROUP, INC.

We are happy that you have decided to visit https://hayliepomroy.com (the “Website”) which is operated by Haylie Pomroy Group, Inc. (“HPG”, “we”, “us”, or “our”) and hope that you enjoy your vist. Before proceeding any further, please read these Terms and Conditions of Use carefully. Your use of the Website indicates that you agree to be bound by and comply with these Terms and Conditions of Use, which includes and incorporates our Privacy Policy, as revised by HPG from time to time, in its sole discretion.

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.

User Submissions

Any Personal Information you submit to the Website is governed by the Privacy Policy. The term “Personal Information” includes your name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms of Use. You understand, acknowledge and agree 1) that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated; 2) that such User Content will not be considered or treated by HPG as confidential; and 3) you further (i) acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) acknowledge and agree that HPG is, by your submission of such User Content, granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. HPG may sublicense its rights through multiple tiers of sublicenses. HPG, however, is under no obligation to use the User Content.

Commercial Transactions:

Online Club

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

This Website may contain links to other websites. HPG does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party websites and is not responsible for such websites’ terms of use or privacy policies or how they may treat your information. Your use of third-party websites is at your own risk.

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.

Mobile Terms of Service

The Haylie Pomroy Group mobile message service (the "Service") is operated by Haylie Pomroy Group (“Haylie Pomroy Group”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Haylie Pomroy Group’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Haylie Pomroy Group through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Haylie Pomroy Group. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18668265113 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Haylie Pomroy Group mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18668265113 or email info@hayliepomroy.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

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.

Indemnification

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.

General

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.

These Terms of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of  Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. HPG may modify these Terms and Conditions of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when HPG posts the change on our Website. Accordingly, HPG urges you to check back frequently so that you are aware of the terms and conditions that apply to your continued use of the Website.

Complete Agreement

These Terms and Conditions of Use, including our Privacy Policy, constitute the entire agreement between you and HPG regarding the Website and supersedes any and all other terms, representations, promises or discussions. Only HPG has the authority to agree to amendments to these Terms and Conditions of Use, and to be and be considered binding, any amendments must be in writing and executed by HPG.

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
United States
info@hayliepomroy.com