Terms of Service

Last updated March 2022

The Site (www.theheartdietitian.com) is operated by The Heart Dietitian (THD). Throughout the Site, the terms “we“, “us” and “our” refer to THE HEART DIETITIAN. THE HEART DIETITIAN offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Before reading any articles on THD website or subscribing to the free email list, we recommend that you thoroughly read through these Terms of Service (“Terms”) and the Privacy Policy (“Policy”) (found here: https://www.theheartdietitian.com/privacy-policy/). The Terms and Policy apply to anything posted on the Site, along with products and memberships available for purchase (together, “Services”).

Before using the Services, please read these Terms carefully. By accessing the website and using any Services, you are acknowledging that you have read the Terms and Policy and agree to them. Your agreement signifies that you are at least 13 years old and eligible by law to use these Services. You agree by using these Services that you have provided true information as requested on any registration forms. By navigating this website, you agree to be bound to these Terms. If you do not agree or do not meet the eligibility requirements, you may not use these services.

We reserve the right to change or modify these Terms at any time. Any and all updates made are effective immediately. If at any time you no longer agree to the Terms, you must immediately suspend your use of our Services. If you violate any of the Terms of Service, we reserve the right to terminate your access to the Services. We also reserve the right to refuse service to anyone at any time, for any reason. If you have any questions whatsoever about the content of these terms, please email us at [email protected]

Please be aware that agreeing to these Terms by using the Services holds the same weight as a written and signed contract. You agree that you will not challenge the enforceability of these Terms based on the fact that they are electronic.

Conduct

As a user or member of the Site, you understand and agree that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the THD Services.  Because of this, we do not guarantee the accuracy, integrity or quality of content posted by third parties or users of the site.

You agree not to make use of THD’s Services for the purpose of sharing content that could be deemed unlawful, threatening, abusive, defamatory or invasive of another’s privacy whatsoever.  You agree that all content you post is not subject to copyright or other proprietary or intellectual rights protections.

THD reserves the right to pre-screen, refuse and/or delete any content available through our Services that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.

THD herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for compliance with legal processes.

Users agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to THD’s sites.

Submissions

If you submit any content to this website, including comments, we do not own those materials, but you are granting us permission to use the submitted content in our business. This includes comments, testimonials, feedback, etc. You agree to give us the rights to copy, distribute, transmit, publicly display, post on social media, reproduce, translate, edit, and reformat your submission, and post your name with it, without compensation. We are not obligated to use the submission, but we reserve the right to at our discretion. We also reserve the right to delete any submissions at our discretion.

By posting any information on our site, including comments or information on discussion boards or social media, you agree that you are not violating any copyright or intellectual property laws.

While we will do our best to review content regularly, we are under no obligation to remove offensive or objectionable material as soon as it is posted. We are not held liable for any violations made by users of THD website. You agree to access the content and Services at your own risk.

Intellectual Property

All content available on the THD website is written in the author’s own words, unless otherwise indicated. All the materials available on the site are protected by copyright, trademark, and other intellectual property laws. You agree to use the site solely for personal noncommercial use. Unauthorized copying, reproducing, republishing, downloading, uploading, posting, transmitting, translating, selling, exploiting, distributing, or creating derivative works of the information without our explicit consent is not allowed and will be prosecuted to the fullest extent available under the law. You are allowed to print the material for personal, non-commercial use, as long as proper attribution is given. You acknowledge, understand and agree that all of THD trademarks, copyright, trade name, service marks, and content on the Site are and shall remain the property of THD. You agree not to display and/or use in any manner the THD logo or marks without obtaining THD’s prior written consent.

THD will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, The Heart Dietitian may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your intellectual property rights have been violated, you should e-mail us with an exact location and description of the perceived violation at [email protected]

Indemnification

All users agree to insure and hold THD, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a  member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of THD Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

Sale of Electronic Content

Given the nature of electronic products and ease of reproducibility, the THD does not offer refunds for electronic content such as eBooks, eCookbooks or Eat with Confidence course purchased on the Site under any circumstances.

Access to The Eat with Confidence course for installment payment customers is contingent upon full payment of all installments. Access to the course will be revoked if all payments are not completed as agreed during enrollment.

Third Party Links

Some content on the THD or any third party may contain outbound links to other websites that contain relevant content or research articles. You acknowledge and agree that we are not responsible for the availability of these websites, and we do not endorse and are not responsible for any advertisements featured on these websites. You agree that we will never be held liable (directly or indirectly) for any losses, damages, or health concerns that may have been incurred from your use of materials, service, or content on these websites. You agree that you will use the content from these websites at your own risk.

Either THD or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that THD  shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

Modifications

THD reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Notice

THD may contact you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, postings on our website Services, or other reasonable means. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner.

Government Requests         

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history.  Our right to disclose any such information is governed by the terms of our Privacy Policy.

Foreign Access of Site

The Site is controlled, operated and administered by THD from our offices within Canada. If you access the Site from a location outside of Canada, you are responsible for compliance with all local laws. You agree that you will not use THD’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Errors, Inaccuracies & Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.

Privacy Policy

Every member’s registration data and various other personal information are strictly protected by our Privacy Policy (see the full Privacy Policy at www.theheartdietitian.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within Canada and/or other countries for storage, processing or use by The Heart Dietitian and/or our subsidiaries and affiliates.

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