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Terms of Use

NutriProCan and Nutrition Professionals of Canada’s www.nutriprocan.ca

Updated: August 22, 2018

1. ACCEPTANCE OF TERMS

The services that NutriProCan provides to User is subject to the following Terms of Use (“TOU”). NutriProCan reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” link located at the bottom of our Web pages.

A. By using NutriProCan, User agrees to comply with all of the terms and conditions hereof.

B. NutriProCan shall have the right at any time to change or discontinue any aspect or feature of www.nutriprocan.ca, including, but not limited to, content and pricing. Changes shall be effective immediately upon posting on www.nutriprocan.ca and it is the responsibility of the user to check terms of use when visiting the website.

2. DESCRIPTION OF SERVICES

Through its Web property, NutriProCan provides User with access to communications, general and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

3. Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.nutriprocan.ca and all charges related thereto.

4. User Conduct

A. User shall use www.nutriprocan.ca for lawful purposes only. User shall not post or transmit through www.nutriprocan.ca any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without NutriProCan’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in NutriProCan’s discretion restricts or inhibits any other User from using or enjoying www.nutriprocan.ca will not be permitted. User shall not use www.nutriprocan.ca to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with NutriProCan.

B. www.nutriprocan.ca contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.nutriprocan.ca are copyrighted as a collective work under the Canadian copyright laws. NutriProCan owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of NutriProCan and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C. User shall not upload, post or otherwise make available on www.nutriprocan.ca any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.nutriprocan.ca, User automatically grants, or warrants that the owner of such material has expressly granted NutriProCan 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. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants NutriProCan the right to edit, copy, publish and distribute any material made available on www.nutripro.ca by User.

D. The foregoing provisions of Section 5 are for the benefit of NutriProCan, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. USE OF SERVICES

The Services may contain email services, communities, calendars, photo albums or other message or communication vehicles designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

    • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
    • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
    • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark,patent, trade secret, or other proprietary rights of any party.
    • Distribute files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
    • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
    • Harvest or otherwise collect information about others, including email addresses. NutriProCan has no obligation to monitor the Communication Services. However, NutriProCan reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.NutriProCan reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.NutriProCan reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, inNutriProCan’s sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services.NutriProCan does not control or endorse the content, messages or information found in any Communication Services and, therefore,NutriProCan specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.

6. NOTICE SPECIFIC TO INFORMATION AND DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. NutriProCan  AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PAGES, DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NutriProCan AND/OR ITS RESPECTIVE SUPPLIERS AND ASSOCIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL NutriProCan AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. THE, PAGES DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.NutriProCan AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

7. NOTICES REGARDING DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

IN NO EVENT SHALL NutriProCan AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

8. MATERIALS PROVIDED TO NutriProCana OR POSTED AT ANY OF ITS WEBSITES

NutriProCan does not claim ownership of the materials User provide to NutriProCan (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is grantingNutriProCan, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their businesses (including, without limitation, all Nutrition Professionals of Canada Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Submission, as provided herein.NutriProCan is under no obligation to post or use any Submission User may provide and Nutrition Professionals of Canada may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world- wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

9. Disclaimer of Warranty; Limitation of Liability

A. USER EXPRESSLY AGREES THAT USE OF www.nutriprocan.ca IS AT USER’S SOLE

RISK. NEITHERNutriProCan, ITS AFFILIATES NOR ANY OF

THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS

OR LICENSORS WARRANT THAT www.nutriprocan.ca WILL BE UNINTERRUPTED OR

ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT

MAY BE OBTAINED FROM USE OF www.nutriprocan.ca, OR AS TO THE ACCURACY,

RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE

PROVIDED THROUGH www.nutriprocan.ca.

B. www.nutriprocan.ca IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF

ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,

WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES

WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR

MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED

BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,

DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER

VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR

UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER

FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER

ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT

NutriProCan IS NOT LIABLE FOR THE DEFAMATORY,

OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND

THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. IN NO EVENT WILL NutriProCan, OR ANY

PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING

www.nutripro.ca

OR THE Nutrition Professionals of Canada SOFTWARE, BE LIABLE

FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT

OF THE USE OF OR INABILITY TO USE www.nutripro.ca. USER HEREBY

ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO

ALL CONTENT ON THE SITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,NutriProCan, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT

PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR

ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR

UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED

WITHIN www.nutriprocan.ca, OR FOR ANY DELAY OR INTERRUPTION IN THE

TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES

ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING

PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY

NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR

CONSEQUENTIAL DAMAGES.

G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE

OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS

REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD,

WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE,

FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT

AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES,

POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE

PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND

TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL

NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS

OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE

SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE

AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS

AGREEMENT.

10. LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVENutriProCan’S SITE.

THE LINKED SITES ARE NOT UNDER THE CONTROL OF NutriProCan

AND NNutriProCan IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY

LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR

UPDATES TO SUCH SITES. Nutrition Professionals of Canada IS NOT RESPONSIBLE FOR

WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED

SITE. Nutrition Professionals of Canada IS PROVIDING THESE LINKS TO YOU ONLY AS A

CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY

NutriProCan OF THE SITE. NutriProCan is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, NutriProCan has no more editorial control over such content than does a

public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or

other information or content expressed or made available by third parties, including information

providers, Users or any other user of www.nutriprocan.ca, are those of the respective author(s) or

distributor(s) and not ofNutriProCan. NeitherNutriProCan nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through www.nutriprocan.ca represents the opinions and judgments of the respective information provider, User, or other user not under contract withNutriProCan. Nutrition Professionals of Canada neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.nutriprocan.ca by anyone other than authorized NutriProCan employee spokespersons while acting in their official capacities. Under no circumstances will NutriProCan be liable for any loss or damage caused by a User’s reliance on information obtained through www.nutriprocan.ca. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through NutriProCan .Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

11. UNSOLICITED IDEA SUBMISSION POLICY

NutriProCan OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR

CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING

CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,

MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY

ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE

PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR

DISPUTES WHEN NutriProCan’S PRODUCTS OR MARKETING

STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO NutriProCan. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO NutriProCan OR ANYONE ATNutriProCan. IF, DESPITE OUR REQUEST

THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,

PLEASE UNDERSTAND THAT NutriProCan MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

12. Monitoring

NutriProCan shall have the right, but not the obligation, to monitor the

content of www.nutriprocan.ca to determine compliance with this Agreement and any operating rules

established by NutriProCan and to satisfy any law, regulation or authorized

government request.

13. Indemnification

User agrees to defend, indemnify and hold harmless NutriProCan, its

affiliates and their respective directors, officers, employees and agents from and against all

claims and expenses, including attorneys’ fees, arising out of the use of NutriProCan by User or User’s Account.

14. Termination

Either NutriProCan may terminate this Agreement at any time.

Without limiting the foregoing, NutriProCan shall have the right to

immediately terminate User’s Account in the event of any conduct by User which Nutrition

Professionals of Canada, in its sole discretion, considers to be unacceptable, or in the event of

any breach by User of this Agreement.

15. COPYRIGHT NOTICE

NutriProCan its logos are trademarks of Nutrition Professionals of Canada Inc. and NutriProCan.  All rights reserved. All other trademarks appearing on NutriProCan are the property of their respective owners.

16. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their

respective owners. The example companies, organizations, products, domain names, email

addresses, logos, people and events depicted herein are fictitious. No association with any real

company, organization, product, domain name, email address, logo, person, or event is intended

or should be inferred. Any rights not expressly granted herein are reserved.