Effective January 9, 2012
Please read these terms and conditions of use carefully before using this website.
1. Acceptance of this Agreement
2. Amendments and Modifications to the Agreement
3. Confidentiality of Information
Information transmitted through the Website may not be secure, may not be treated as confidential or protected in any way, and does not create any relationship or duty of any kind. You should not send confidential or sensitive information by the Internet or e-mail unless you take appropriate precautions, such as the use of encryption.
4. Terms – Visitor and Registered User
When you are a Visitor or Registered User, your use of the Website is subject to the following terms:
- each time you use the Website you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person or legal entity you represent. The Website may be used only by persons who are who are the age of majority in their province of residence, or are an emancipated minor, or possess legal parental or guardian consent, and can form legally binding contracts under applicable law. Anyone who has not reached the age of majority in the province or territory in which they reside should obtain parental consent prior to using the Website. Dietitian Resources strongly recommends that parents and guardians supervise their children's use of the Web Site
- you must be a person. "Bots" or other automated methods are not permitted to visit the Website or become a Registered User
- you may not use the Website for any illegal or unauthorized purpose. You must not, in the use of the Website violate any laws in your jurisdiction (including but not limited to copyright laws)
- while Dietitian Resources prohibits conduct and content on the Website as provided in 4 c) above and 5 d) below, you understand and agree that Dietitian Resources cannot be responsible for content posted by another account holder and you nonetheless may be exposed to such materials. You agree to use the Website at your own risk
- you agree not to modify, adapt or hack the Website or modify another web site so as to falsely imply that it is associated with the Website, or any other Dietitian Resources service
- you agree not to upload, post, host, or transmit unsolicited email, SMSs (short message service), or "spam" messages
- you agree not to transmit any worms or viruses or any code of a destructive nature.
5. Account Terms – Registered User
When you are a Registered User, your use of the Website and your account (the “Account”) is subject to the following terms in addition to those set out in s. 3 above:
- You must provide your full legal name, a valid email address, phone number and mailing address, name of your company or organization (if any), and any other information requested in order to complete the Account signup process.
- You are responsible for maintaining the security of your Account and password. Dietitian Resources will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are solely responsible for all content posted and/or uploaded and activity that occurs under your account (even when such content is posted by others who have access to your Account) (collectively the “Account Content”).
- You agree not to post or allow others to post Account Content which is unlawful, immoral, hateful, harmful, threatening, abusive, offensive, libelous, defamatory, slanderous, pornographic, indecent, obscene, or otherwise inappropriate for a broad general audience.
- You assume any and all liability for the use of the Account Content and agree to defend, indemnify and hold harmless Dietitian Resources, its related companies, societies, contractors, and their respective directors, officers, employees and agents from and against any and all third-party claims, actions, proceedings, damages and expenses, including without limitation lawyer fees on a solicitor-client basis, and costs, arising out of the breach or alleged breach of a term, covenant, warranty or representation in this Agreement.
- In uploading and/or posting material to the Website, you represent and warrant that:
- i) all rights to and ownership in the material including, without limitation all trademark, trade secret, patent, copyright, moral, or other proprietary rights (“Intellectual Property”), are owned by you or you have full authority by way of the necessary licenses, written permissions, waivers, and consents to use the material and upload the material onto the Web site for the purposes set out in this Agreement;
- the matters set out in the material are true and accurate;
- i) the material does not contain any unlawful, hateful, harmful, threatening, abusive, harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent, or obscene material, or material that is racially, ethnically or otherwise objectionable;
- the material will not conflict with or violate any other agreement between you and any other party, or any Intellectual Property, personal or proprietary rights, including without limitation any confidentiality, privacy or publicity rights; and
- i) you assume any and all liability for the content of the material and agree to defend, indemnify and hold harmless Dietitian Resources, its related companies, contractors, and their respective directors, officers, employees and agents from and against any and all third-party claims, actions, proceedings, damages and expenses, including without limitation lawyer fees on a solicitor-client basis, and costs, arising out of the breach or alleged breach of a covenant, warranty or representation in this Agreement.
- In uploading or posting material to the Website, Dietitian Resources may pre-screen Account Content, and Dietitian Resources and its designee retain the right (without obligation) in their sole discretion to refuse or remove any Account Content.
- In downloading material from the Website, you represent and warrant that:
- the material will only be used in a manner which maintains without modification all of the copyright, trademark, and other proprietary notices and disclaimers;
- the material will only be used in a manner which truly and accurately reflects the intention of the material if viewed in its entirety; and
- you assume any and all liability for the use of the material and agree to defend, indemnify and hold harmless Dietitian Resources, its related companies, societies, contractors, and their respective directors, officers, employees and agents from and against any and all third-party claims, actions, proceedings, damages and expenses, including without limitation lawyer fees on a solicitor-client basis, and costs, arising out of the breach or alleged breach of a covenant, warranty or representation in this Agreement.
6. Linking, Framing, Mirroring, Scraping, Data-Mining and Postings
Unless you are a Registered User, links to the Website without the express written permission of Dietitian Resources are strictly prohibited. To request permission to link to the Website, please contact Dietitian Resources at firstname.lastname@example.org. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited.
Unless you are a Registered User, you may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
7. Cancellation and Termination
This Agreement may be cancelled or terminated in accordance with the following terms:
- by you, upon submission of a written request to email@example.com for the cancellation of your registration as a Registered User and your Account. You are solely responsible for properly canceling your registration and Account. Cancellations made by phone or sent by email will not be considered valid; or
- by Dietitian Resources, for violation of any of the terms of this Agreement or, in its sole discretion, for any reason at any time. Without limiting the generality of the foregoing, verbal, physical, written or other abuse (including threats of abuse or retribution) of any Dietitian Resources customer, employee, member, director, or officer will result in immediate Account termination. Dietitian Resources also retains the right to suspend your Account and refuse any and all current or future use of the Web Site, or any other Dietitian Resources service, for any reason at any time.
Cancellation or termination by either you or Dietitian Resources will result in the deactivation or deletion of your Account or prevention of access to your Account, and the forfeiture and relinquishment of all Account Content contained on the application. All of the Account Content may then be deleted from the Web Site at any time thereafter. This information cannot be recovered once your Account is cancelled and the content deleted. If you breach any provision of this Agreement, you may no longer use the Web Site. Cancellation or termination will also result in the revocation of any registration as a Registered User.
8. Modifications to Web Site
Dietitian Resources reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site or any part thereof with or without notice. Dietitian Resources will not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site. In addition, Dietitian Resources may update the Web Site to add, modify, and/or remove features from the Web Site. These updates may be made automatically with little or no notice.
9. Intellectual Property Ownership and License
Any Intellectual Property or proprietary rights in your Account profile, Account Content and any other materials uploaded remain yours (or the rightful owner if the material is not owned by you). However, you hereby grant Dietitian Resources an irrevocable worldwide license in any Intellectual Property rights, including without limitation copyright, over the Account Content you provide. By using the Web Site, you agree to allow others to view and share the Account Content. You will be solely responsible for securing and paying for all rights and licenses necessary to use the Account Content, including without limitation, any musical composition.
10. Intellectual Property Ownership by Dietitian Resources
The content and “look and feel” of the Website is owned by Dietitian Resources, copyright © 2012 Dietitian Resources, all rights reserved. The Website and all of its content, including all the wallpaper, characters, artwork, icons, graphics, music, text, and all HTML, CGI, and other code and scripts in any format used to implement this Website is the property of Dietitian Resources (and possibly third parties), and is protected by Canadian and international copyright, trade-mark, and other laws.
Your use of the Website or any application does not transfer to you any ownership or other rights in the Website or its content. “Dietitian Resources” and the Dietitian Resources logo are trade-marks, trade-names and service-marks owned by Dietitian Resources Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos displayed on the Website (collectively "Marks"), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks.
11. No Professional Advice or Special Relationship
The information contained on the Website is for convenience and informational purposes only and does not constitute legal, accounting, or other professional advice of any kind. The Website may not be used to request advice or to transmit any confidential information. You should seek appropriate, qualified professional advice before using the Website, acting or omitting to act based upon any information provided on or though the Website. No legal, advisory, or fiduciary relationship is created by this Agreement or your use of the Website or your communication with Dietitian Resources by any means.
12. No Guarantee or Endorsement
Dietitian Resources is providing information and services on the Internet as a benefit and service. Dietitian Resources does not guarantee or warrant the accuracy, suitability, reliability, completeness, or usefulness of the information or content on the Website or the information, products, or services at other sites to which links are provided. Therefore, any use of or reliance upon information, products or services from this site or a linked site is at the Registered User’s or Visitor’s sole risk.
Dietitian Resources does not endorse, approve, certify, or take responsibility for information or products provided on the Web Site or on other linked sites. Any reference to a person, product, service, publication or web site does not imply endorsement of that person, product, service, publication or web site.
13. Disclaimer and Liability Exclusion
Dietitian Resources does not accept any liability for your use of the Website, its content, code, access, other features or accessible material. Your use of the Website is at your own risk. The Website is provided on an “as is” and “as available”, without any representations, warranties, or conditions of any kind, whether express or implied and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timelines, accuracy, reliability, merchantability or completeness, all of which are hereby disclaimed by Dietitian Resources to the fullest extent permitted by law.
Without limiting the above disclaimer and limitation of liability, Dietitian Resources specifically does not warrant that:
- the quality, performance or functionality of the Website will meet your expectations or specific requirements;
- the Website will operate in a uninterrupted, timely, secure, or error-free fashion;
- the results you obtain from the use of the Website will be accurate or reliable;
- any defects or errors in the Website will be corrected; or
- the Website is free of viruses or other harmful components.
You expressly acknowledge and agree that Dietitian Resources will not be liable to you or any other person or legal entity for the use of the Website or for any loss or any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Dietitian Resources has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the Website; (ii) the cost of substitute goods and services resulting from any goods, products, data, information or services obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Website; or (v) any other loss or damage connected with or relating to the use of the Website by you or any other person.
14. General Terms
Use of the Website is subject to the following terms:
- Dietitian Resources may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. Such parties are independent and Dietitian Resources does not make any representations or warranties or take any responsibility or accept any liability whatsoever regarding the acts or omissions of such parties;
- Dietitian Resources may, but has no obligation to, remove Account Content that it determines in its sole discretion is unlawful, immoral, hateful, harmful, threatening, abusive, offensive, libelous, defamatory, slanderous, pornographic, indecent, obscene, or otherwise inappropriate for a broad general audience, or violates any third party’s intellectual property or other rights or the terms of this Agreement;
- the technical processing and transmission of the application, including your Account Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices; and
- Dietitian Resources welcomes suggestions or other communications from users of the Website and wishes to improve the service it provides. However, to avoid any disputes, in sending any communications other than Account Content, you transfer and assign all ownership and Intellectual Property rights to Dietitian Resources. Specifically, without limitation, all suggestions, ideas, concepts, messages, e-mails, samples, and all other content or submissions will become the property of Dietitian Resources for its use, notwithstanding any statement regarding confidentiality or non-disclosure.
The following terms apply to this Agreement:
- No Waiver - no consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties;
- No Refunds - A purchase refund will be available to Employers for service interruptions only. Refund requests must be made to firstname.lastname@example.org no later than 15 days after the Job Posting expiry date. If a refund request is received after the 15-day period no refund will be issued.
- Entire Agreement – this Agreement, as may be amended or changed from time to time, constitutes the entire agreement between you and Dietitian Resources and governs your use of the Website, superseding any prior agreements between you and Dietitian Resources whether oral, written or otherwise;
- Severability - if any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.
- Governing Law - this Agreement, your use of the Website, and all related matters are governed solely and exclusively by the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Dietitian Resources and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of the Province of British Columbia sitting in the City of Victoria and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of British Columbia within six months after the claim or cause of action arises, after which time the claim or cause of action is forever barred;
- Other Jurisdictions - use of the Website is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of the Website or any part of it may be illegal or prohibited. Those who choose to access the Website from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable;
- Inurement - the provisions of this Agreement will inure to the benefit of Dietitian Resources and its successors and assigns and related persons;
- Assignment - you may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Dietitian Resources which may be withheld in Dietitian Resources’s sole discretion. Dietitian Resources may assign this Agreement and its rights and obligations under this Agreement without your consent;
- Survival – the terms of this Agreement providing rights and obligations which, by their nature, should continue, will stay in effect after this Agreement terminates;
- English Language - you agree that this Agreement, and all correspondence and documentation relating to this Agreement, shall be written in the English language. Vous acceptez que ce contrat, de meme que toute la correspondence et la documentation relative a ce contrat, soient redigees en langue anglaise; and
- No Partnership - you agree that nothing contained herein and no course of action resulting from the use of this Website in any way shall be construed as creating any relationship of partnership, employment, joint venture, agency or other relationship between Dietitian Resources and yourself and/or any third party.