eaTracker Terms of Use

ALL USE OF THE EATRACKER WEB PAGES (the "eaTracker site" or "eaTracker") IS SUBJECT TO THE TERMS OF USE BELOW (referred to as the "Terms of Use" or "Agreement").

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING 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").

By clicking the Terms of Use "I Agree - Create my account" button, completing the registration process and using the eaTracker site, you represent that you are 14 years old or older, have read and understood these Terms of Use, and agree to be bound by them.

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 contactus@dietitians.ca

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.

Coaching

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 by the DC Privacy Policy which is part of this web site.

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 compliance with these Terms of Use and any operating rules established by DC, to satisfy any law, regulation or authorized government request, or for any other reasonable commercial purpose.

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 contactus@dietitians.ca 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 EATRACKER SITE.

General

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 of the eaTracker content shall survive the termination of these Terms of 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 site following the posting of any changes to these Terms of Use shall be conclusively deemed acceptance of those changes by you.