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Dietitian Directory Terms and Conditions of Use

THESE TERMS AND CONDITIONS GOVERN THE ACCESS TO THE DIETITIAN DIRECTORY WEBSITE

This page defines and provides the “Terms of Use” under which you may use this Dietitian Directory website, which is an information and directory based on-line service operated by 12674475 Canada Inc. (the “Corporation” or “us” or “we”), consisting of information services and content provided by us and other third parties (the “Site”). These Terms and Conditions of Use include the Site Privacy Policy and form a binding agreement between you and the Corporation. Your access to or use of the Site indicates your acceptance of these Terms of Use.

1. Acceptable Use

This Site is intended to provide users with general information and a directory of dietitians. We do not recommend or endorse any specific professional, test, product, procedure, opinion, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk. Your use of the Site is a privilege.

2. Rules of Conduct

We are the sole interpreter of the Site rules of conduct described in these Terms of Use. Users who violate these rules may have their access and use of the Site suspended or terminated at our discretion. We may at any time take any action with regard to third party materials that we deem in our sole discretion to be necessary or appropriate.

3. Security Rules

3.1 Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; (4) sending unsolicited e-mail, including promotions and/or advertising of products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

3.2 Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. Rights Reserved

4.1 We hereby grant you a limited, terminable, non-exclusive right to access and use the Site only for your personal use. This authorizes you to view, read, and browse the information hosted on the Site.

4.2 Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of any material will be permitted without the express written permission of the Corporation.

4.3 Except as expressly stated in these Terms of Use, we reserve all rights to all materials on the Site, including, without limitation, written content, graphical and design elements (including the Site’s “look and feel”), and service marks and trademarks. By submitting material to any area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted, to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Site materials. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.

4.4 Notwithstanding the forgoing, you may request permission to license the publication of certain Dietitian Directory content via our contact page.

5. Disclaimer

5.1 We make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 The Site is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained

through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site.

5.3 We have made good faith, reasonable efforts to verify the following information of any dietitians listed on this Site, and have found no contrary information:

1. The name and contact details provided by the professional.
2. That the professional’s license, if applicable, is valid within the province, state, or governing body, in which or under which he or she practices.
3. That the professional is not subject to any license strictures preventing practice.

5.4 We verify the information at the time a professional is initially listed in our directory and then upon expiration of the professional’s credentials.

5.5 Under no circumstances will we be liable for any loss or damage stemming from services provided by any of the dietitians listed on the Site, including, but not limited to suitability, negligence, competence or WORD. We do not guarantee a dietitian’s competence, professionalism, or scope of practice. We have not taken any steps to confirm the accuracy or reliability of any of the information provided by the dietitians listed on this Site.

5.6 Always ensure that a dietitian is duly registered to provide such services. It is your responsibility to enquire and confirm the registration of a dietician who provides you their services.

5.7 Our bloggers who post articles to our Site are not employed by us or the Corporation. Each blogger is solely responsible for the content of his or her articles. Each blogger owns the copyright to the articles they upload. We do not undertake responsibility for screening or monitoring our bloggers’ materials. The opinions expressed by the bloggers are their own and are not necessarily our opinions or endorsed by us, even though these opinions may be similar to ours.

5.8 Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a “third-party site”). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.

5.9 We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including our directory members, users and bloggers), whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users, directory members or bloggers. The information in our directories is provided exclusively by participating professionals.

5.10 Some of the material on this Site may be provided by the Corporation, the publisher of Dietitian Directory. You accept that the Corporation disclaims all warranties and limits all liability arising in connection with this Site to the same extent and in the same manner as we do in these Terms of Use. You expressly agree that the Corporation may rely on your acceptance of such disclaimers and limits.

5.11 Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.

5.12 The Corporation shall not be liable for any copyright infringements of any blogger or third-party that has posted information on the Site. We do not verify or guarantee that any information provided on the Site is free of copyright infringements.

6. Indemnification

6.1 You shall indemnify and defend us, and our officers, employees, consultants and agents against any costs, expenses (including reasonable attorneys’ fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, any materials posted to the Site or provided to other users by you or any violation of these Terms of Use.

7. Limits of Liability

7.1 THE CORPORATION IS NOT LIABLE FOR SERVICES RENDERED BY DIETITIANS OR ANY THIRD-PARTY LISTED ON THIS SITE.

7.2 NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 THE CORPORATION, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, SHALL NOT BE LIABLE FOR DAMAGES, DIRECT OR INDIRECT, AS A CONSEQUENCE OF SERVICES PROVIDED BY DIETITIANS LISTED ON THIS SITE. BY USING THIS SITE, YOU AGREE AND COVENT HOLD HARMLESS THE CORPORATION FOR DAMAGES, DIRECT OR INDIRECT, STEMMING FROM SERVICES PROVIDED BY DIETITIANS LISTED ON THIS SITE.

8. Copyright

8.1 We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide contact our office immediately and provide the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.

8.2 A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

8.3 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8.4 Inquiries for the licensing of articles or reprint permissions should be made via our feedback page.

9. Governing Law and Jurisdiction, and Waiver of Jury Trial

9.1 These Terms of Use and any claim or dispute arising out of, relating to or in connection with these Terms of Use or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the Province of Alberta without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in a court in and for the Province of Alberta. Each party hereby irrevocably accepts and submits to the exclusive jurisdiction of

the aforesaid courts in personam, with respect to any such action, suit or proceeding. EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE.

10. Notices

10.1 You shall send notices to us by mail or by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by the recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day.

11. Amendment

11.1 We may change these Terms of Use, including the Site Privacy Policy, at any time. We will post notification of changes on the Site and e-mail them to registered users. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.

12. General

12.1 We and you are independent contractors of each other. Neither party shall be deemed in default for failure to comply with any provision hereof, if such failure results from acts or events beyond its reasonable control, other than payment of money. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All provisions of these Terms of Use, except provisions that grant you access to or use of the Site, shall survive the termination of the agreement between us and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement signed by you and us, these Terms of Use, including the Site Privacy Policy (as amended from time to time by us as provided in these Terms of Use) contain the entire understanding between you and us and supersede any prior agreement between you and us, whether written or oral.

Dietician Directory is a trade mark and service mark of 12674475 Canada Inc.