TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS WELL AS EXCLUSIONS AND LIMITATIONS ON OUR LIABILITY.

This website (the “DC Website”) and the services available through this website are operated by Dietitians of Canada (“DC”). All use of the DC Website, and all services offered through the DC Website, is subject to these terms of use (the “Terms of Use”). By using the DC Website, you agree to be bound by these Terms of Use.

In addition to the rest of these Terms of Use, if you are a Fresh from the Farm program user or administrator, you agree not to submit any personal information over the DC Website—and if you do, you must have the person’s consent to do so. Such information includes a person’s name, address, phone number, and other personally identifying data. Any personal information submitted will be subject to DC’s Privacy Policy, but DC does not otherwise have any liability for such information or your posting of it.

Once submitted over the DC Website, non-personal information related to the Fresh from the Farm program shall become the property of DC and may be retained by DC as long as it continues to serve DC’s research and business purposes. This information may be included in reports generated across all authorized users, or used in any other manner DC requires.

You understand that third parties may unlawfully intercept or access transmissions and financial information and data that you post or input, and that such third parties may misuse the information they collect from the DC Website. Although DC will take all reasonable steps to protect the information you submit relating to the Fresh from the Farm program, we do not guarantee that, and you should not expect that, this information will always be protected from loss, misuse and unauthorized access, disclosure, alteration, and destruction. DC will not be responsible for any damages you or any third party may suffer as a result of the transmission of data or financial information related to the Fresh from the Farm program, and you agree to be fully liable for any use of it, other than by DC.

If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific service offered on or through the DC Website (“Service-Specific Terms”), such Service-Specific Terms shall override these Terms of Use, but only in relation to that specific service.

The DC website does not provide medical advice. Any information on the DC website is offered for informational purposes only and by using this website, you agree any reliance upon that information shall be at your own risk.

Using DC Website Material

You may download or copy material on the DC Website (“DC Website Material”), including text, newsletters, presentation materials, images, and audio and visual recordings, for your own personal use and solely for educational or informational purposes, provided you maintain credit to DC. You agree to display all copyright and/or trademark notices on your copy. If the DC Website indicates you must pay to access any materials, then your right to download or copy such materials is conditioned on you first having paid for such access.

All other rights are reserved. For instance, you agree not to modify any logo or design on the DC Website. You also agree not to sell, distribute, republish, or post DC Website Material to any person or online for a commercial or promotional purpose without our written consent. If you perform any of the above acts or any other act that infringes our intellectual property rights without our prior written consent, any right you may have to use DC Website Material shall automatically terminate. You may request our consent at: contactus@dietitians.ca.

Trademarks & Copyright

DC is the owner or authorized licensee of all trademarks and copyrighted material on the DC Website. Our organization is committed to protecting its intellectual property rights by enforcing them against unauthorized use.

No Commercial Use of Service or Material

You may not use any DC Website service or DC Website Material for any promotional or commercial purpose other than the development of your professional practice as a dietitian or with the prior written consent of DC. Such uses include soliciting and selling of “opportunities,” such as direct sales or multi-level marketing, or soliciting a charitable request or petition for signature.

Purchases; Other Terms and Conditions

You agree to pay for any membership, product or service you purchase through the DC Website, and authorize DC to charge your credit card or PayPal account for the purchase price and for any additional amounts owing (including any taxes and late fees, as applicable) that may be accrued by or in connection with your DC account, or otherwise in connection with your activities on the DC Website.

The DC Website accepts the following forms of payment: credit cards issued by a Canadian or US bank (and may accept credit cards from other sources) and PayPal. If you use a credit card on the DC Website, you authorize DC to obtain preapproval for up to the full amount of the transaction. Billing occurs at the time of or shortly after completion of the transaction.

Your total price shall include the price of the membership, product or service purchased plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you complete the transaction.

All transactions are final. If the product or service purchased becomes unavailable following a transaction but prior to delivery, your sole remedy shall be a refund. If a technical problem prevents or unreasonably delays delivery, your exclusive and sole remedy shall be a replacement or a refund of the price paid, as determined by DC.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.

DC may make changes to any products or services offered on the site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the site with respect to products and services may be out of date, and DC makes no commitment to update the materials on the site with respect to such products and services.

Accounts, Passwords, and Security

Certain features or services offered on or through the DC Website or other websites of DC may require you to open an account or have a membership with DC. You are entirely responsible for maintaining the confidentiality of the information you hold for your account or your membership, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify DC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by DC or any other user of or visitor to the site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s DC account, password or account at any time without the express permission and consent of the holder of that DC account. DC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Warranty and Liability Limitation

THE DC WEBSITE AND ALL MATERIALS CONTAINED IN IT ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS.

DC HAS CHECKED WITH SOURCES BELIEVED TO BE RELIABLE IN THEIR EFFORTS TO PROVIDE INFORMATION THAT IS COMPLETE AND GENERALLY IN ACCORD WITH THE STANDARDS ACCEPTED AT THE TIME OF PUBLICATION. HOWEVER, DC DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE DC WEBSITE IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

NEITHER DC, ANY SERVICE PROVIDER OF DC NOR ANY COACH ACCESSED THROUGH THE DC WEBSITE MAKES ANY GUARANTEES, REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE DC WEBSITE, OR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE DC WEBSITE.

DC WILL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY RESULTING DAMAGES OR AS A RESULT OF GOODS OR SERVICES OFFERED BY A THIRD PARTY LINKED THROUGH THE DC WEBSITE.

User-Submitted Material

Any personal information you submit over the DC Website is subject to DC’s Privacy Policy.

You agree not to upload or transmit material to or through the DC Website that contains a computer virus or infringes or violates any third party’s right. This material includes photographs, video and audio created by a third party for which you do not have a licence to use. We reserve the right to remove any user-submitted material at any time, at our sole discretion.

Confidentiality

Absent the use of encryption, the Internet is not a secured medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception. DC will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to any third party through the Internet e-mail links provided on this website or any other DC operated website. DC is not responsible for any errors or any changes made to any transmitted information.

Computer Viruses

While DC makes reasonable efforts to ensure that all materials and services provided on the DC site and any other DC operated websites do not contain computer viruses, you are responsible to take the appropriate precautions to scan for computer viruses and to ensure that you have a complete and current back up of the applicable items contained on your computer system.

Links to Other Sites

The DC Website may contain links to the web sites of others. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than DC and DC assumes no responsibility for the accuracy or appropriateness of the information contained in such sites. The inclusion of any link to another site does not imply endorsement by DC. Any mention of another party or its product or service on the DC Website should not be construed as an endorsement of that party or its product service. If you decide to access linked third party web sites, you do so at your own risk.

Enforcement of Terms; Termination

DC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DC’s rights or property, or the rights or property of visitors to or users of the site, including other users of the DC Website or other websites of DC.

DC reserves the right at all times to disclose any information that DC deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You agree that DC may, in its sole discretion and without prior notice, terminate your access to the site or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site.

You agree that DC may, in its sole discretion and without prior notice, terminate your access to the site if we decide to discontinue the DC Website or materially modify the DC Website or any service offered on or through the DC Website, or if we experience unexpected technical issues or problems.

General

The failure of DC to insist upon strict compliance with any term of this Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.

If any provision in this Terms of Use is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect.

The laws of the province of Ontario, Canada, shall govern these Terms of Use, your rights and obligations, and all actions contemplated by this Terms of Use as if the Terms of Use was a contract wholly entered into and wholly performed within the Province of Ontario, Canada. The provisions of this Terms of Use in respect of the ownership and your use of the DC Website content shall survive the termination of these Terms of Use.

DC reserves the right to change these Terms of Use by providing notice on the DC Website. Continued use of the DC Website following the posting of any changes to these Terms of Use shall be conclusively deemed acceptance of those changes by you.