Dietetics @ Work - License Agreement & Terms of Use



		Thursday, March 18, 2010

License Agreement & Terms of Use

All use of Dietitians of Canada – Dietetics @ Work web pages is subject to the terms and conditions set forth below. By completing the registration process, clicking the User Agreement acceptance "button", and using Dietetics @ Work, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. Completing the registration process is required to download materials from the site. The terms "you" and "User" refer to the person who completed the registration process.

Definitions

Dietetics @ Work contains two types of content:

"Dietetics @ Work Owned Content" means information entered into Dietetics @ Work by Dietitians of Canada 's employees and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by Dietitians of Canada to contribute to Dietetics @ Work (collectively "Dietitians of Canada Designated Online Providers").

"Other Content" means any other information entered into Dietetics @ Work by Users or other persons.

All Dietetics @ Work Owned Content is either the property of Dietitians of Canada or is licensed to Dietitians of Canada and is protected by copyright and other intellectual property laws. The User agrees to honour all reasonable requests by Dietitians of Canada to protect Dietitians of Canada’s proprietary interests in Dietetics @ Work. Dietitians of Canada hereby grants you a non-exclusive, non-transferable license to use Dietetics @ Work for the fees and under the terms described in this Agreement. For individual Users only one person at a time may access Dietetics @ Work using the User's screen name and password. You may display, download, or print out materials from Dietetics @ Work, for your own research or study only; you may not otherwise copy, transmit, rent, lend, sell, or modify any materials from Dietetics @ Work or modify or remove any proprietary notices contained therein, or create derivative works based on materials from Dietetics @ Work. Dietitians of Canada reserves the right to terminate the User at any time if the User downloads or prints out a substantial portion of Dietetics @ Work. The User may not disseminate any portion of Dietetics @ Work through electronic means, including mail lists or electronic bulletin boards and agrees not to restrict or inhibit any other registered User's access to, or use of, Dietetics @ Work.

The User grants to Dietitians of Canada the perpetual, non-exclusive right to use all material entered into Dietetics @ Work by the User (other than third-party material transmitted through private electronic mail) in any of Dietitians of Canada’s print or electronic publications.

Users entering material into Dietetics @ Work are responsible for the content of that material. Neither Dietitians of Canada nor Dietitians of Canada Designated Online Providers have any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from Dietetics @ Work. However, Dietitians of Canada retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that Dietitians of Canada deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through Dietetics @ Work that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Dietitians of Canada.

The User agrees to indemnify Dietitians of Canada and Dietitians of Canada Designated Online Providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which Dietitians of Canada, its affiliates, employees and Dietitians of Canada Designated Online Providers may incur as a result of either:
(i) the User's violation of this Agreement; or
(ii) material entered into
Dietetics @ Work with the use of the User's screen name or password. Dietitians of Canada reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify Dietitians of Canada and Dietitians of Canada Designated Online Providers.

Dietetics @ Work AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NEITHER DIETITIANS OF CANADA NOR DIETITIANS OF CANADA DESIGNATED ONLINE PROVIDERS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING Dietetics @ Work, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH Dietetics @ Work.

CLINICAL DIETETICS IS AN EVER-CHANGING SCIENCE. AS NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN OUR KNOWLEDGE, CHANGES IN DIETETIC PRACTICE ARE REQUIRED. DIETITIANS OF CANADA AND DIETITIANS OF CANADA DESIGNATED ONLINE PROVIDERS HAVE 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, IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR CHANGES IN NUTRITIONAL SCIENCES, NEITHER THE DIETITIANS OF CANADA NOR THE DIETITIANS OF CANADA DESIGNATED ONLINE PROVIDERS WARRANTS THAT THE INFORMATION CONTAINED IN Dietetics @ Work IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN Dietetics @ Work WITH OTHER SOURCES. NEITHER DIETITIANS OF CANADAN NOR DIETITIANS OF CANADA DESIGNATED ONLINE PROVIDERS SHALL BE LIABLE TO THE USER OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

IN NO EVENT WILL DIETITIANS OF CANADA OR DIETITIANS OF CANADA DESIGNATED ONLINE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF Dietetics @ Work. THE USER AGREES THAT ALL DEMANDS FOR DAMAGES OF WHATEVER KIND ASSESSED AGAINST DIETITIANS OF CANADA OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, WITHOUT LIMITATION, DIETITIANS OF CANADA DESIGNATED ONLINE PROVIDERS, ARISING OUT OF, OR RELATING TO USE OF A PRODUCT FROM Dietetics @ Work SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO DIETITIANS OF CANADA FOR ACCESS TO OR USE OF THAT PRODUCT DURING THE PREVIOUS TWELVE (12) MONTHS.

As part of the registration process, you must select a screen name and password. You will keep your User name and password confidential. You are responsible to promptly notify Dietitians of Canada of any disclosure or unauthorized use of you User name and password by calling (416) 366-8000 or by fax (416) 260-2893 or sending email to clientservices@dieteticsatwork.com. You will be assigned a new User name and password. You may be liable for any damages that occur prior to such notification. You will notify Dietitians of Canada within thirty (30) days of any other changes in your registration data.

We value and respect the privacy of our members, and other customers and subscribers, as well as the security of your personal data.

Privacy Policy

When you subscribe to Dietetics @ Work, we collect certain personal information, such as your name, address, and e-mail address. This information is used to process your order and for the administration of your subscription. Your e-mail address is added to our electronic mailing list so that, from time to time, we can send you product updates, information about new features, additions, and changes to our Web site. If you do not want to receive these e-mail alerts, you may indicate this on your registration or order form, and you can change this at any time by going to the Subscriber Services section and selecting "Edit your Subscriber Information".

Your email address and other personal information will not be sold or provided to any outside parties.

Dietetics @ Work makes use of a type of cookie called a "session cookie". Cookies are small bits of data that we send to your computer to improve your user experience. We use them to keep track of the fact that you have signed in so that you don't have to continually enter your user name and password as you move around the site. This cookie is removed as soon as you log out or close your browser.

An IP address (Internet Protocol Address) is a number that's automatically assigned to your computer whenever you are using the Internet. Web servers — the big computers that "serve up" Web pages — identify your computer by its IP address. We collect IP addresses for the purposes of system administration, to report aggregate information to our institutional customers, and to audit the use of our site. When visitors request pages from Dietetics @ Work, our servers log the visitors' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Use and License Agreement or to protect our service, site, customers, or others.

Please be assured that we take your concerns about privacy quite seriously, and we make every reasonable effort to protect it. To that end, Dietetics @ Work has developed this comprehensive customer privacy policy.

If you have questions or comments about our customer privacy policy or you would like to confirm the accuracy of the information collected from you, please contact clientservices@dieteticsatwork.com. If you have made a Group purchase or are an individual User, you may review and request changes to the information online at any time by going to the Subscriber Services section.

Security:

The registration process for the Dietetics @ Work gives subscribers the option of initiating payment online, either by credit card, or by sending a group purchase order to generate an invoice. Our web pages and servers use current Secure Sockets Layer (SSL) technology that ensures that sensitive information, such as credit card information, is encrypted during transmission over the internet and cannot be intercepted and translated by a third party.

Your Credit card information is not permanently retained on our database. The record of the credit card number will be removed after we are notified that the transaction was successful.

Users will be able to access the public portion of the Dietetics @ Work website at any time. For each product purchased at Dietetics @ Work, purchasers have a license for the time specified on the product order form. We will notify you via email not less than 30 days before the expiry of the individual product licenses.

Dietitians of Canada reserves the right to change the terms of this Agreement by providing notice in Dietetics @ Work or, at Dietitians of Canada’s option, directly to users via electronic mail or conventional mail. Continued use of the Dietetics @ Work web site following the posting of any changes to these terms and conditions shall be conclusively deemed acceptance of those changes by the User.

Dietitians of Canada may discontinue or change the content of Dietetics @ Work, or its availability to you, at any time. If you refuse or fail to abide by these rules or violate any other terms or conditions of this Agreement, Dietitians of Canada reserves the right in its sole discretion to suspend or terminate your access to Dietetics @ Work immediately without notice, in addition to any other available remedies.

All required fees for the Dietetics @ Work products that you have selected must be fully paid before you will be provided access to the product. .

You agree to pay all fees and charges incurred in connection with your User name and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see the individual product order forms or the subscription area of Dietetics @ Work. Fees and charges are non-refundable. Dietitians of Canada may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) in Dietitians of Canada's renewal notice that you will receive prior to the end of any product subscription term.

This describes the circumstances under which a refund will be granted to purchasers of Dietetics @ Work e-learning courses/programs.

Our Committment:
Dietitians of Canada are committed to the satisfaction of subscribers to and members of the Dietetics @ Work site.

Upon receipt of a written request (including e-mail), Dietitians of Canada will refund to the purchaser the full amount paid for an e-learning course or program, providing that the refund request is received within 10 days of purchase and the final test for any given lesson of the course or program has not been taken. MarketLink will authorize each refund request based on the specified eligibility criteria. This policy applies to both individual lesson and multiple lesson package purchases.

This Agreement constitutes the entire agreement between the User and Dietitians of Canada relating to Dietetics @ Work and supersedes any and all other agreements, oral or in writing, with respect to Dietetics @ Work. The failure of Dietitians of Canada to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. The laws of Ontario, Canada, shall govern this Agreement, your rights and obligations, and all actions contemplated by this Agreement as if the Agreement was a contract wholly entered into and wholly performed within the Province of Ontario.