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License Agreement

Dietetics @ Work License Agreement & Terms of Use

All use of Dietitians of Canada - Dietetics @ Work web pages ("Dietetics@Work") are 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 access our services. The terms "you" and "User" are used to refer to the person who completed the registration process.

Definitions

Dietetics @ Work contains two types of content:

  1. "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 Providers").
  2. "Other Content" means any other information entered into Dietetics @ Work by Users or any person other than Dietitians Canada or Dietitians of Canada Designated Providers.

"Outside Parties" mean persons that do not have a current user license to the particular Dietetics @ Work program.

Use of Dietetics @ Work

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 and its licensors' proprietary interests in Dietetics @ Work and the Dietetics @ Work Owned Content.

Dietitians of Canada hereby grants you a non-exclusive, non-transferable license to access Dietetics@Work and use the resources available through Dietetics @ Work for the fees and under the terms described in this Agreement. Only you may access Dietetics @ Work using the User screen name and password assigned to you. You may display, download, or print out materials from Dietetics @ Work, for your own personal non-commercial use, research or study only; you may not otherwise copy, store in a retrieval system, transmit in any form by any means, rent, lend, sell, or modify any materials from Dietetics @ Work except where and as explicitly stated on certain materials and/or for areas within the Practice-Based Evidence in Nutrition (PEN) service in which the email resource sharing tool is specifically available. You may not modify or remove any proprietary notices shown on Dietetics @ Work Owned Content, nor create derivative works based on Dietetics @ Work Owned Content. Dietitians of Canada reserves the right to terminate the User at any time if the User downloads, prints out or distributes a substantial amount of Dietetics @ Work Owned Content.

User is not permitted to make any modifications to any Dietetics @ Work Owned Content, except as may be expressly permitted within PEN. If User does make any modifications to any Dietetics @ Work Owned Content, User hereby assigns to Dietitians of Canada all of User's right, title and interest, including copyright and all other intellectual property rights, in and to those modifications and waives in favour of Dietitians of Canada and Dietitians of Canada Designated Providers all of User's moral rights in respect of those modifications. User will, at Dietitians of Canada's request and expense, execute any additional documents as Dietitians of Canada may reasonably request to give effect to this paragraph.

The User grants to Dietitians of Canada the perpetual, non-exclusive, worldwide, royalty-free right and license (the "User License") to use all material entered into Dietetics @ Work by the User in any of Dietitians of Canada's print or electronic publications, and to sublicense Dietitians of Canada Designated Providers and other users of Dietetics@Work to use all such material in connection with their use of Dietetics@Work. For the purposes of this paragraph, "use" means to transmit, access, use, store, display, copy and modify.

Users entering material into Dietetics @ Work are responsible for the content of that material. Neither Dietitians of Canada nor Dietitians of Canada Designated 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.

The User agrees to indemnify Dietitians of Canada and Dietitians of Canada Designated Providers from all claims, proceedings, damages, liabilities, obligations, costs, charges and expenses, including reasonable attorneys' fees, which Dietitians of Canada, its affiliates, employees and Dietitians of Canada Designated Providers may incur as a result of either:

  1. the User's violation of this Agreement; or
  2. 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 defence and control of any such matter for which the User has agreed to indemnify Dietitians of Canada and Dietitians of Canada Designated Providers.

No Warranties/Limitations on Liability

Dietetics @ Work AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS. NEITHER DIETITIANS OF CANADA NOR DIETITIANS OF CANADA DESIGNATED PROVIDERS MAKE 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 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.

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 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 NEW SCIENCE OR NEW EVIDENCE, NEITHER DIETITIANS OF CANADA NOR DIETITIANS OF CANADA DESIGNATED PROVIDERS WARRANT 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 CANADA NOR DIETITIANS OF CANADA DESIGNATED 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. NEITHER DIETITIANS OF CANADA NOR DIETITIANS OF CANADA DESIGNATED PROVIDERS SHALL BE LIABLE TO THE USER OR TO ANYONE ELSE FOR INJURY OR DAMAGES INCURRED BY REASON OF OTHER GOODS OR SERVICES OFFERED BY A THIRD PARTY LINKED THROUGH Dietetics@Work.

IN NO EVENT WILL DIETITIANS OF CANADA OR DIETITIANS OF CANADA DESIGNATED 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 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 THE PRODUCT DURING THE PREVIOUS TWELVE (12) MONTHS.

Registration

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 your User name and password by calling (416) 366-8000 ext 242 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.

Privacy and Security Policy

We value and respect the privacy of our members, 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 can indicate this on your registration or order form, and you can change this preference at any time by going to the "My Profile" section.

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 cookies 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. The cookie is removed as soon as you log out or close your browser.

An IP address (Internet Protocol Address) is a number that is automatically assigned to your computer when 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 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 "My D@W" section.

Security:

The registration process for Dietetics @ Work gives subscribers the option of making a 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 once we are notified that the transaction was successful.

Term and Termination

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.

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 sites 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.

Fees and Payments

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. 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.

E-Learning Courses / Programs - Refund Policy

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

Dietitians of Canada is committed to the satisfaction of subscribers and members of the Dietetics @ Work sites. Upon receipt of a written request received by any means (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 or that a substantial amount of material has not been downloaded from the program.

Your Conduct

You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:

General

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, Canada. The provisions of this Agreement in respect of the ownership and your use of the Dietetics @ Work Owned Content and the User License shall survive the termination of this Agreement.

July 25, 2005

Dietitians of Canada

Disclaimer: The information included on this site is based on the best available evidence. It has been independently researched, written and reviewed by Dietitians of Canada to assist practitioners to make practice decisions. It should be used to complement, not replace sound clinical judgment.

While every effort is made to ensure information contained on this web site is accurate and up to date, errors may occasionally occur. Dietitians of Canada assumes no responsibility or liability arising from any error in or omission of information, or from the use of any information or advice contained within this web site.

Because PEN content is updated regularly, printed web pages or PDF documents may become obsolete. PEN users should ensure that they are referring to the most recent version available.

The PEN web site may contain links to other external web sites which do not fall under the dieteticsatwork.com domain. Dieteticsatwork.com is not responsible for the privacy practices or the content of such external web sites. Dietitians of Canada does not endorse the content, products or services on other web sites.

© 2005-08 Dietitians of Canada. All rights reserved. While individual copies of documents may be reproduced for the convenience of the licensed subscriber according to the end user license, distribution to non subscribers or reproduction of multiple copies of PEN content is strictly prohibited without prior written permission. The PEN web site may also contain information which is copyrighted by others; multiple copies of these documents may not be reproduced without the prior written permission of the copyright holder.