ALL USE OF THE EATRACKER WEB PAGES (the "eaTracker site" or "eaTracker") IS SUBJECT
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS WELL AS EXCLUSIONS AND LIMITATIONS
ON OUR LIABILITY.
The eaTracker web site is owned and operated by Dietitians of Canada (referred to
here as either "DC" or "Dietitians of Canada").
and using the eaTracker site, you represent that you are 14 years old or older,
Clicking on the "I Agree - Create my account" button is a required condition before you can fill out
a "My Profile" page and access our services.
The terms "you" and "User" are used herein interchangeably to refer to the person
who has clicked the "I Agree - Create my account" button, completed the registration process and who
is therefore authorized to access our services.
Using DC Materials
You may download or make copies of our web site materials for your own personal
use or for educational purposes, provided credit to Dietitians of Canada is maintained.
Please make sure you display our copyright and/or trademark notices on your copy.
Please do not modify any of our logos or designs; or distribute, republish or post
our materials to build another web site or for your own commercial, educational
or promotional purposes. If you do so, without first obtaining our written consent,
you will be violating our intellectual property rights. You can write to ask for
consent at email@example.com
DC reserves the right to terminate your right of access to the eaTracker site at
any time if you download, print, reproduce, transmit out or distribute any substantial
amount of the content that, in the sole and absolute judgment or opinion of DC,
is inconsistent with the intent and purpose of the personal non-commercial use.
Trademarks & Copyright
Dietitians of Canada is the registered owner of intellectual properties displayed
on this site; and has the exclusive right to use these trademarks and copyrighted
designs. We consider all our intellectual properties to be very important assets
of our Association and protect them from unauthorized use by others. We often use
a ™ or a ® symbol to indicate which items are trademarks, referring to a footnote
explaining our ownership.
Accounts, Passwords, Security & Data Storage
Certain features or services offered on or through the eaTracker site or other
websites operated by DC may require you to open an account or have a membership
with DC. You are entirely responsible for maintaining the confidentiality of the
information you hold for your account, including your password, and for any and
all activity that occurs under your account as a result of your failing to keep
this information secure and confidential. You agree to notify DC immediately of
any unauthorized use of your account or password, or any other breach of security.
You may be held liable for losses incurred by DC or any other user of or visitor to
the site due to someone else using your account as a result of your failing to keep
your account information secure and confidential. You may not use anyone else’s
account or password at any time without the express permission and consent of the
holder of that account. DC cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations.
Due to the national and international character and scope of the DC’s profile,
membership and endeavours, for reasons of economic and technical efficiency, and
to minimize the possibility of damage or destruction due to local disasters such
as fire, DC may, from time to time, contract with reputable third parties to arrange
for the off-site storage of the electronic data of the Association (i.e.,
“cloud-based” storage), including subscriber information collected, used and
retained for purposes of account management and internal administration purposes.
Such storage may occur using services provided by third parties (and servers)
located both inside and outside of Canada, including service providers (and servers)
located in the United States and therefore subject to the laws and requirements of
that jurisdiction in addition to any Canadian laws and requirements which may apply.
If you want to use the feature called My Coach and have a Registered Dietitian act
as your coach, you can locate a Registered Dietitian using the Dietitians of Canada
"Find A Dietitian" service located at www.dietitians.ca/Find-A-Dietitian.aspx. Your
coach is not an employee of DC and DC does not monitor or direct the actions of
the coach or the information or advice provided to you by your coach. Your coach
has no authority to represent DC or to take any actions on DC’s behalf.
Once you have selected a coach, your coach will get in touch with you and ask you
to accept him or her as your coach. By clicking the "I Agree - Create my account" button beside the
coach’s name within the My Coach module in eaTracker you grant your express consent
for your coach to access your personal profile information. The coach will not be
able to access your personal information without your permission. The coach is bound
After you authorize your coach to access your personal information by clicking the
"I Agree - Create my account" button on the site, the coach will review your information and may offer
suggestions, tips and strategies to help you reach your goals. How much or how little
your use and rely on your coach is completely up to you. You may cancel having a
coach at any time. All you have to do is click the "Remove" button beside the coach’s
name within the My Coach module in eaTracker.
My Goals Service
If you are 19 years of age or older and a resident of Ontario, and are an eaTracker
registrant with an account for the eaTracker service, you may activate the EatRight Ontario My Goals
feature of your account. This feature allows DC to send you messages on particular
food groups or other strategies may be relevant to your goals. You agree that you
shall not use this service if you do not meet the criteria set out above.
Removal of Content
DC shall have the right, exercisable in its sole and absolute discretion, but not
the obligation, to monitor the content provided by Users, in order to determine
satisfy any law, regulation or authorized government request, or for any other reasonable
No Commercial Use of the Service
You may not use the eaTracker service or any part of the materials on the site for
commercial activity or for any solicitation whatsoever (including the selling of
"opportunities," such as direct sales or multi-level marketing), or to solicit any
charitable requests or petitions for signature, unless DC has provided its prior,
written consent to such use. This means there is to be no advertising or promotion
for commercial purposes.
Your Ability to Edit and Delete Your Account Information and Preferences
You can edit your personal information at any time by visiting the My Profile page
and clicking the "My Account" link or the "My Details" link.
You may not share your eaTracker password with anyone.
You can control how we communicate with you by visiting the My Profile page and
clicking the "My Account" link and selecting what communications you wish to receive
from Dietitians of Canada.
To delete your account, you must contact the Dietitians of Canada at
and insert "Remove from eaTracker" in the subject
line. This will take 5-10 business days.
Warranty and Liability Limitation
THE EATRACKER SITE AND ALL MATERIALS CONTAINED IN IT ARE PROVIDED ON AN "AS IS"
AND "WITH ALL FAULTS" BASIS.
NEITHER DC, ITS DESIGNATED PROVIDERS NOR ANY COACHES ACCESSED THROUGH THE SITE,
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 MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES
AS TO THE ACCURACY, COMPLETENESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING
THE EATRACKER SITE, OR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT
HYPERLINK OR OTHERWISE) THROUGH THE EATRACKER SITE.
COACHES SELECTED BY A USER THROUGH THE SITE TO PROVIDE ADVICE TO USERS ON NUTRITION
OR DIET ARE NOT THE EMPLOYEES OR AGENTS OF DC AND DC DOES NOT DIRECT OR CONTROL
THE ACTIONS OR ADVICE PROVIDED BY ANY COACH. THE USER AGREES THAT DC IS NOT
RESPONSIBLE IN ANY MANNER, FOR THE ADVICE, ACTIONS OR OMISSIONS ON ANY USER’S
"COACH" ACCESSED THROUGH THE SITE.
DC AND ITS 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, NEITHER DC, ITS
DESIGNATED PROVIDERS, NOR ANY COACHES ACCESSED THROUGH THE SITE WARRANT THAT THE
INFORMATION CONTAINED IN THE EATRACKER SITE 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.
NEITHER DC, ITS EMPLOYEES, ITS DESIGNATED PROVIDERS NOR ANY COACHES ACCESSED THROUGH THE SITE,
SHALL BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION
IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY RESULTING DAMAGES
OR AS A RESULT OF GOODS OR SERVICES OFFERED BY A THIRD PARTY LINKED THROUGH THE
This Agreement constitutes the entire agreement between you and Dietitians of Canada
relating to the eaTracker site and supersedes any and all other agreements between
us, oral or in writing, with respect to the eaTracker site. 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 the province 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
Dietitians of Canada reserves the right to change the terms of this Agreement by
providing notice on the eaTracker site or, at Dietitians of Canada’s option, directly
to users via electronic mail or conventional mail. Continued use of the eaTracker
deemed acceptance of those changes by you.