Dietitian Success Center Inc. (DSC) (the “Provider”) agrees to provide you with access to the DSC. membership purchased on the Site(the “Program”) upon the following Terms By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following Terms.
Effective Date – This agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.
Program – The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date. These Program features may include online lessons, worksheets, ongoing live Q&A sessions, and private discussion groups.
Intellectual Property – The Site and Site content, including any derivative works, including but not limited to, all text, illustration, files, images, graphics, videos, photographs, information, content, materials, products, services, URL’s documentation, and interactive features (collectively, “Website Content”) and all Program materials, content, videos, social media content and any other intellectual property rights are owned by DSC. Additionally, all trademarks, services marks, trade names, and trade dress that may appear on the Site are owned by Us. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title, or interest in the Site or any Website Content. Any rights not expressly granted in these Terms are expressly reserved.
Limited License – By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. In the case of a Group Membership, the Participant is granted only the number of licenses that were originally purchased. The Participant is granted the right to download, store and print single copies of items comprising the Program. All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider or as otherwise outlined in the Terms. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.
Copyright – The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider or as expressly outlined in the Terms above.
Program Registration – The Participant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Site, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants or fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Automatic Charges for Subscription – if the user is paying in monthly or yearly subscriptions, their credit card will be automatically charged each month/year unless they cancel (cancellation can be done via the user’s account settings or by contacting us directly to [email protected] or filling in the contact form on the website). In the event that a credit card is declined, DSC has the right to terminate access to the Program content (indefinitely) until a new payment option is provided.
Refunds – No refunds will be provided.
Membership Cancellation – At any point, the Participant can cancel their monthly or annual membership from within the “Settings” page of their DSC account. The Participant acknowledges that the subscription will continue to be automatically charged each month/year unless they cancel.
Credit Card Authorization – By purchasing a Program with a payment plan, the Participant hereby authorizes the Provider to charge their credit card or other payment cards automatically for any ongoing payments owing as determined by the provisions of this Agreement.
Purchases – By making a purchase through our Site you agree to pay for the goods listed and understand that no refund, replacement, return, or compensation can be claimed for the goods once the order has been placed.
Passwords – Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
Legal Disclaimer – Not Professional Advice – The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors, and participation in any social media groups or chats, shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate and within their jurisdiction
Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.
Third-Party Contributors – We may provide content to you written or presented by third-party contributors on our Site. While we make our best effort to ensure all of our writers or contributors are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy. All written or visual content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.
Lawful Purposes – You may use this Site for lawful purposes only, and you agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to only use the site for legitimate purposes. You are not permitted to remove, alter, distort, or cover any copyright, trademark, or other proprietary intellectual property on the Site or Website Content, or infringe on the intellectual property rights of others. You are not permitted to disable or interfere with security-related features on the Site, or collect any personally identifiable information from the Site, or interfere with the proper working of the Site, or engage in any conduct that restricts or inhibits any other user from using or enjoying the Site, or encourage conduct that violates any local, state, or federal law.
Limitation of Liability – Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
Disclaimer of Warranties – The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.
Release and Indemnity – The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to these Terms and the Program agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to the Terms and Program agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
Links to Other Websites – The DSC Site may contain links to third-party websites that are not owned or controlled by DSC. DSC assumes no responsibility for the content, policies, or practices or any third party websites.
Modification of Terms – DSC reserves the right to change these Terms from time to time as it sees fit and your continued use of the Site will signify your acceptance of any adjustment to these Terms.
Notification of Changes – If there are any changes to these Terms, we will update the bottom of the page with the date last modified. It is your responsibility to review these Terms often, as they are subject to change.
Governing Law and Jurisdiction – The Program is operated by the Provider within the Province of Alberta, Canada. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the Province of Alberta, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits to the exclusive jurisdiction of the courts of the Province of Alberta, with respect to all matters relating to their access to and use of the Program.
Dispute Resolution – If we are unable to resolve any dispute related to these Terms by informal negotiations, then any resolution of this dispute will be conducted by mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available.
Severability – If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations or refunds of your Program fees, please e-mail us at [email protected]
Entire Agreement – This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.
Assignment – These Terms are not assignable, delegable, or transferable by you. Any such assignment by you is invalid.
Waiver – No waiver of any provision of these Terms by DSC shall be deemed, or shall constitute, a waiver of any other provision, nor shall the failure of DSC to enforce the provisions of these Terms be construed as a present or future waiver of any of the provisions of these Terms, nor in any way affect the validity of DSC’s right to enforce each and every such provision at any and all times thereafter.
Effect of Headings – The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience and shall not affect the construction or interpretation of any of its provisions.
Notices – All notices, requests, demands and other communication under these Terms shall be directed via email to:
LAST UPDATED: October 2022