License Agreement


Practice-based Evidence in Nutrition (PEN) License Agreement & Terms of Use

All use of Dietitians of Canada - Practice-based Evidence in Nutrition web pages ("PEN") is subject to the terms and conditions set forth below. By completing the registration process, clicking the User Agreement acceptance "button", and using PEN, you represent that you are 18 years old or older, have read the User Agreement, and agree to abide by the following terms and conditions. Completing the registration process is a required condition for accessing our services. The terms "you" and "User" are used herein interchangeably to refer to the individual who completed the registration process and who is therefore authorized to access our services. You have either purchased a license to use PEN directly from us, purchased a license to use PEN through a 3rd-party provider approved by DC, or have been provided access through a specific computer or set of computers at a specific location (“Licensed Machine”) that are owned or managed by a licensed entity or organization (“Licensee Organisation”), and these terms apply to your use only on such Licensed Machines.

Definitions

PEN contains two types of content:

  1. "PEN Owned Content" means information entered into PEN by Dietitians of Canada's employees, contractors, agents and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by Dietitians of Canada to contribute to PEN including our national dietetic association partners The British Dietetic Association and Dietitians Association of Australia (collectively "Dietitians of Canada Designated Providers") or a 3rd-party provider approved by DC.
  2. "Other Content" means any other information entered into PEN by Users or any person other than Dietitians of Canada or Dietitians of Canada Designated Providers.

"Outside Parties" means persons that do not have a current user license to the particular PEN program.

Use of PEN

All PEN Owned Content is either the intellectual 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 PEN and the PEN Owned Content, and to use all PEN Owned Content only as authorized in this License Agreement.


Dietitians of Canada hereby grants you a personal, revocable, restricted, non-exclusive, non-transferable license to access PEN resources and use the resources available through PEN. This license is conditional on your compliance with the terms and conditions of this Agreement. If your access is provided by a Licensee Organisation, this license is also conditional on the compliance of the Licensee Organisation with its agreement with us. We may terminate this license at any time if we have reasonable grounds to believe that you, or the Licensee Organisation if applicable, are in violation of any agreement with us.


Only you may access PEN using the user name and password assigned to you.
You may not share your user name or password with anyone. You may display, download or print out materials from PEN, for your own personal non-commercial use, research or study only. You may not otherwise copy, translate, reproduce, store in any retrieval system or storage device, distribute, transmit or publish any "PEN Owned Content" in any form by any means, nor may you rent, lend, sell, or modify any materials from PEN or the "PEN Owned Content", except where and as explicitly stated on certain materials and/or for areas within the PEN service in which the email resource sharing tool is specifically available. You may not modify, copy or remove any proprietary, copyright or trademark notices shown on PEN Owned Content, nor create any derivative works based on PEN Owned Content.


You may not modify any PEN Owned Content without our express consent in writing. If you do modify any PEN Owned Content, then you agree to assign to Dietitians of Canada all of your worldwide rights, title and interest in and to the modifications and waive in favour of Dietitians of Canada and Dietitians of Canada Designated Providers all of your moral rights in respect of those modifications. You will, at Dietitians of Canada's request and expense, execute any assignments, applications, registrations and additional other documents as Dietitians of Canada may reasonably request to give effect to this paragraph.


You grant to Dietitians of Canada a perpetual, non-exclusive, worldwide, royalty-free right and license (the "User License") to use all material entered into PEN by you in any of Dietitians of Canada's print or electronic publications, and to grant sublicenses to Dietitians of Canada Designated Providers and other users of PEN to use all such material in connection with their use of and contributions to PEN. For the purposes of this paragraph, "use" means to access, use, reproduce, publish, transmit, access, store, display, copy and modify.


Users entering material into PEN are solely responsible for the content of that material. Neither Dietitians of Canada nor Dietitians of Canada Designated Providers assume any responsibility or liability for any material or 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 PEN. 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.

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:

  • Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity;
  • To send, use or re-use any material that is:
    • illegal, offensive, abusive, indecent, defamatory, obscene or menacing;
    • in breach of copyright, trademark, confidence, privacy or any other right; or
    • injurious to third parties;
    • objectionable to Dietitians of Canada; or
    • which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
  • To cause annoyance, inconvenience or needless anxiety or to disrupt the business of Dietitians of Canada in any way; or
  • To distribute any material through PEN that is promotional in nature, including solicitations for funds or business.

Indemnity

You agree to defend, indemnify and save harmless Dietitians of Canada and Dietitians of Canada Designated Providers, their directors, officers, employees, agents and affiliates, from and against all claims, proceedings, damages, liabilities, obligations, costs, charges and expenses, including all attorneys' legal fees ("Claim") which Dietitians of Canada, its affiliates, employees and Dietitians of Canada Designated Providers may incur arising from or related to:

  1. your violation of this Agreement; or
  2. any material or Other Content entered into PEN with the use of your user name and password.

No Warranties/Limitations on Liability

PEN 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 PEN, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH PEN.


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 PEN 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 PEN 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 PEN.


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 PEN. 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 PEN 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 user 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) 642-9305 or by fax (416) 596-0603 or sending email to clientservices@pennutrition.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 PEN, 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 Website. 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.


PEN 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 the computer you are using when accessing the Internet. We collect IP addresses for the purposes of system administration, to report aggregate information to our institutional customers, to authenticate that the computer you are using is authorized to access PEN (i.e. is a Licensed Machine), and to audit the use of our site. When visitors request pages from PEN, our servers log the visitors' IP addresses. 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, PEN 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@pennutrition.com. If you have made a Multi-user purchase or are an individual User, you may review and request changes to the information online at any time by going to the “My Account” section.

Security

Dietitians of Canada takes commercially reasonable steps to secure our websites. Dietitians of Canada and Dietitians of Canada Designated Providers are using a third party service for credit card payments and retain no credit card information within the PEN website. The third party payment service keeps your information secure according to their policies.

Term and Termination

Users will be able to access the public portion of the PEN website at any time. For each license purchased with PEN, purchasers have that 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 PEN or, at Dietitians of Canada's option, directly to users via electronic mail or conventional mail. Continued use of the PEN website 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 PEN, 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 PEN immediately without notice, in addition to any other available remedies.

Fees and Payments

All required fees for PEN must be fully paid before you will be provided access to the product. If you have been provided access through a Licensed Machine by a Licensee Organisation, the Licensee Organisation is responsible to pay all required fees. Otherwise, you are responsible to pay all required fees 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 PEN. 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.


Regardless of whether you or someone else pays the fees for PEN, you remain personally responsible for adhering to these terms.

Refund Policy

This describes the circumstances under which a refund will be granted to purchasers of PEN subscriptions.


Dietitians of Canada is committed to the satisfaction of subscribers and members of the PEN site. 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 a PEN subscription, less an administrative fee set by Dietitians of Canada, providing that the refund request is received within 10 days of purchase.

General

This Agreement constitutes the entire agreement between the User and Dietitians of Canada relating to PEN and supersedes any and all other agreements, oral or in writing, with respect to PEN. 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. The provisions of this Agreement in respect of the ownership and our use of Other Content shall survive the termination of this Agreement.


November 2013

Dietitians of Canada