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.
PEN contains two types of content:
- "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.
- "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.
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 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
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
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
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
- 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.
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:
- your violation of this Agreement; or
- 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.
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 email@example.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.
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
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
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
If you have questions
accuracy of the information collected from you, please contact
firstname.lastname@example.org. 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.
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
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.
This describes the
circumstances under which a refund will be granted to purchasers of PEN
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.
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.
Dietitians of Canada