THE BALANCED PRACTICE
ONLINE PROGRAM
TERMS OF SERVICE AND USE

Welcome to The Balanced Program!  These Terms of Service and Use (the “Terms of Service and Use”) govern your registration in, access and use of, the Balanced Program (the “Online Program”).

The Terms of Service and Use constitute a binding contract between you and Marie-Pier Pitre-D’lorio, a Registered Dietitian, registered dietitian (17200) with the College of Dietitians of Ontario (the “College”) operating as The Balanced Dietitian. 

By registering in the Online Program, you agree to be bound by the Terms of Service and Use and all applicable laws and regulations governing the Site.  Do not use the Site or the Services if you do not accept the Terms of Service and Use.

You are contracting with Marie-Pier Pitre D’lorio (hereinafter, “Marie-Pier” or “The Balanced Dietitian”), a Registered Dietitian with the College of Dietitians of Ontario

ACCOUNT REGISTRATION

You may access and browse The Balanced Dietitian website (the “Site”) without registering an Account. However, you must register an Account in order to use certain features of the Site and Services.  In order to register for the Online Program, you must register an Account. 

In order to register an Account, you must be at least eighteen (18) years old and must be able to enter into legally binding contracts. 

The Site and the Online Program are only intended for access and use by, persons located in Canada.  The Balanced Dietitian does not represent that content available on or through the Site is appropriate or available in other locations. The Balanced Dietitian may limit the availability of the Site or the Online Program to any person or geographic area at any time.  If you choose to access the Site or register for the Online Program from outside Canada, you do so at your own risk. 

By registering for the Online Program, you acknowledge and agree that Marie-Pier Pitre D’lorio is registered as a dietitian solely in the Province of Ontario, and is not registered as a dietitian in any other jurisdiction or with any other regulatory body. 

When opening an Account, you must provide complete and accurate information and provide a valid credit card payment method. 

If your registration or payment information changes at any time, you must promptly update your details in your Account.  You are solely responsible for any activity relating to your Account (including purchases), and for maintaining the confidentiality of your Account information and password.  You acknowledge and agree that The Balanced Dietitian is not under any obligation to verify the actual identity or authority of any user of an Account.  The Balanced Dietitian may rely on the authority of anyone accessing your Account or using your password and will not be liable for any damages or expenses arising out of or relating to any authorized use of your password or Account.

You agree to notify The Balanced Dietitian immediately if you discover any unauthorized use of your Account or other Account-related security breach. The Balanced Dietitian may require you to change your username and/or password if it appears that your Account is no longer secure Your Account is not transferable to any other person.  You will have no ownership in your Account or your username. 

PERMITTED USE OF SITE AND THE ONLINE PROGRAM CONTENT

The Site, the Online Program and their content, including without limitation, all data, text, designs, pages, print screens, artwork, photographs, audio and video clips, HTML code, source code and software, and all materials, modules, video content, workbooks, questionnaires and other content delivered to you or to which you are granted access in connection with the Online Program (hereinafter, collectively referred to as “Content”) are: (1) owned by The Balanced Dietitian or her licensors; and (2) intended solely for personal non-commercial use.  The Balanced Dietitian grants you a limited, conditional, non-exclusive, non-assignable, non-transferable, and non-sub-licensable license to view this Site and its Content and to register for the Online Program or purchase other products or services as permitted by these Terms of Service and Use and for non-commercial purposes only. 

You may download, copy and print one copy of the Content and other downloadable materials displayed on this Site for your personal use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. No right, title or interest in any downloaded materials or content is transferred to you as a result of any such downloading, copying or printing. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, this Site or any related materials or content in any form or by any means. All Content used on the Site is the property of The Balanced Dietitian or its suppliers or licensors and protected by Canadian, U.S. and international copyright laws. The Site and its Content may be used only for its intended purpose, as described herein.  Any other use, including any reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is strictly prohibited.



THE ONLINE PROGRAM – HEAL YOUR RELATIONSHIP WITH FOOD AND YOUR BODY PROGRAM

The Heal Your Relationship with Food and Your Body Program is a six-month online program designed to support and guide you on the journey of healing your relationship with food and your body. 

The Online Program is comprised of:

The Knowledge and Mindset Component (A combination of nutrition knowledge and mindset/The Balanced Dietitian-being)

The Support Component

By registering for the Online Program, you will have access to the education modules for one hundred eighty (180) days following the date of your registration.  You will need to register again if you would like to access the modules beyond such one hundred eighty (180) day period.

The Balanced Dietitian reserves the right to make changes to the Online Program at any time, provided that such changes will not materially adversely affect your use and enjoyment of the Online Program. 

COLLECTION AND USE OF PERSONAL INFORMATION

In connection with the Online Program, The Balanced Dietitian may collect certain of your personal information, including your personal health information.

Under the Personal Health Information Protection Act, 2004, S.O. 2004, c.3, Sched. A (“PHIPA”) “personal health information” means information that can identify an individual (or can be combined with other information to identify an individual) and that relates to:

The Balanced Dietitian will collect, use or disclose your personal information, including any personal health information, only as required  to deliver the Online Program or provide dietetic or nutrition services to you, and solely in accordance with applicable laws, including PHIPA and the Personal Information Protection and Electronic Documents Act, SC 2000, c. 5 (“PIPEDA”).

By using the Services, you consent to the collection, use and disclosure of your personal information, including any personal health information, in accordance with these Terms of Service and Use or as otherwise required by law. 

RECORDS

Records of personal health information, including electronic health records, collected in connection with the Services, if any, will be maintained, retained, transferred and disposed of in accordance with the requirements of PHIPA.  Accordingly, any record of your personal health information will be kept for a minimum of ten (10) years, and will contain any email correspondence exchanged with The Balanced Dietitian during the Online Program that is relevant to any treatment plan, together with your contact information.  Your record may also contain any brief session notes from any private or group sessions, if applicable.  Records are kept through JANEAPP an encrypted platform for health professionals, and in all cases, in accordance with PHIPA.

You are the welcome to review your record at any time.  Your record will not be disclosed to any other person without your signed permission on a “Consent for Release & Exchange of Information” form, or as required by applicable law.  It is your choice whether your record, or any personal health information contained therein, is disclosed to any person, and you are not required to sign any consent if you are not comfortable with it.

CONFIDENTIALITY

With the exception of the Weekly Live Q&A Sessions and the Online Support Group, anything discussed with Marie-Pier during or in connection with any dietetic or nutrition services, treatment or counselling provided to you as part of the Online Program, whether by e-mail or during any individual session, is confidential.  There are certain exceptions to confidentiality of which you should be aware, namely:

In such situations, The Balanced Dietitian is legally bound to report to Family & Children’s Services. 

 

Information Shared by You during any Live Q&A Session or in the Online Support Group is Not Confidential


By registering for the Online Program and participating in any Weekly Live Q&A Sessions or the Online Support Group, you acknowledge and agree that anything:



is not confidential as between yourself and the other participants in the Live Q&A Sessions and Online Support Group.


Any information, including personally identifiable information and personal health information, discussed, disclosed, submitted, posted, or shared by you during any Live Q&A Session, in the Online Support Group, or in any chat room, message board, Facebook group, social media, posting or other online discussion during or in connection with the Online Program is, by design, open to the other participants.  While every participant in the Live Q&A Sessions and Online Support Group, including you, is required under the Terms of Service and Use to maintain the confidentiality of any information discussed, disclosed, submitted, posted or shared by any of the other participants during any Live Q&A Session or in the Online Support Group, The Balanced Dietitian cannot guarantee that any information shared by you, including any personal health information, in any group setting will not be used or disclosed by any other person. 


The Live Q&A Sessions and the Online Support Program are made available by The Balanced Dietitian to support you in your journey to heal your relationship with food and your body.


However, you should think carefully before disclosing any personally identifiable information or personal health information in any public forum.  You acknowledge and agree that: (i) any information discussed, disclosed, submitted, posted or shared by you during any Live Q&A Session or in the Online Support Group is disclosed, submitted, posted or shared by you solely at your own risk; and (ii) The Balanced Dietitian is not responsible or liable in any manner whatsoever for any disclosure to, or use of any such information by any third party.


By registering for the Online Program you further:




Telepractice - Communication via Email, Internet-Based Video Conferencing & Social Media

By registering for the Online Program, you consent to the use of electronic communication tools, including email, audio and videoconferencing, online forums, and social media applications  (collectively, “E-Communications”) in connection with the delivery of the Services. 

By registering for the Online Program, you further and expressly consent to:

via email, including in connection with any dietetic or nutrition services, treatment or counselling provided to you as part of the Online Program.

Privacy and Security of E-Communications

By registering for the Online Program, you further acknowledge and agree that the use of E-Communications poses certain risks, including:

Communicating over the Internet, including via e-mail, is never one hundred percent (100%) secure, and The Balanced Dietitian cannot guarantee the security and confidentiality of any E-Communications, including email. 

By registering for the Online Program, you:

Third Party Content

The Site contains links to other websites that may not be owned or operated by The Balanced Dietitian. The fact that the Site may link to those websites does not indicate any approval or endorsement of those websites the content displayed therein, or the persons associated therewith.   The Balanced Dietitian has no control over those websites.  The Balanced Dietitian is not responsible and disclaims any and all liability for the content of those websites or the privacy practices of those websites

The Balanced Dietitian strongly encourages you to review the terms of use, practices and privacy policies of any linked websites. Your use of other websites is at your own risk and is subject to the terms and privacy policies of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

In connection with the Online Program, The Balanced Dietitian may additionally provide you with access to third party tools, applications and social media platforms (collectively, “Third Party Services”), including without limitation:

Facebook
Zoom
Google Docs
Thinkific

over which The Balanced Dietitian has no control.  Your use of such Third Party Services, including without limitation, through the site or in connection with the Online Program: (i) is not subject to the Privacy Policy; (ii) is governed by the respective terms of use and privacy policies of the providers of such Third Party Services; (iii) is at your own risk.    The Balanced Dietitian is not responsible and disclaims any and all liability in respect of your use of any Third Party Services, whether on a standalone basis or in connection with the Site or the Online Program.  The Balanced Dietitian strongly encourages you to review the terms of use, practices and privacy policies of each provider of such Third Party Services.

GROUP SESSIONS 

By registering for the Online Program and participating in any Live Q&A Sessions or the Online Support Group, you consent to being provided with group treatment, counselling and education in connection with the Online Program.

DIETETIC COUNSELLING

While the Online Program is designed to fill the gap between nutrition and psychology and may include psycho-social counselling as a component of nutritional treatment, Marie-Pier is not:

Any services, treatment or counselling involving the practice of:

must be sought from a psychologist, psychotherapist or physician duly registered with the College of Psychologists of Ontario (CPO), the College of Registered Psychotherapists of Ontario (CRPO), or the College of Physicians and Surgeons of Ontario (CPSO), and will not be provided by Marie-Pier.

The Balanced Dietitian will be pleased to refer you to any such qualified and registered professionals.

WITHDRAWL OF CONSENT & DISCONTINUING GROUP AND INDIVIDUAL TREATMENT

You may withdraw your consent and discontinue your participation in any group treatment, counselling, education or other activities at any time. 

You may also withdraw your consent and discontinue any individual dietetic or nutrition treatment, counselling, or services provided to you by The Balanced Dietitian, and may ask for a list of referral sources, at any time.

REGISTERING FOR THE ONLINE PROGRAM

Registrations are available on a first-come first-served basis, and may be limited by The Balanced Dietitian in its sole and absolute discretion. 

The Registration Process

In order to register for the Online Program, you must register an Account. 

In order to complete your registration, The Balanced Dietitian relies on the information that you provide.  By submitting a registration, you represent and warrant that the information provided is complete, true, accurate and up-to date.  Upon checkout, you are responsible for verifying your registration, and the accuracy of the information provided or otherwise contained in your Account, including without limitation, credit card information, billing address, email address.  Failure to provide accurate information may result in delays in processing your registration, and may result in the cancellation of your registration.  The Balanced Dietitian is not responsible or liable for any loss, damages or costs suffered or incurred by you or any person as a result of any incomplete, untrue, inaccurate, or out-of-date information provided by you.

Registration Confirmation

After submitting your registration, you should receive a registration confirmation (in the form of an email to the email address provided or associated with your account (the “Registration Confirmation”).

You assume all responsibility for receiving and reading all email correspondence in full.  The Balanced Dietitian is not responsible or otherwise liable for emails filtered to your spam or junk mail folders. 

If you do not receive Registration Confirmation after submitting your registration, or if you see an error message or experience a service interruption after submitting your order, it is your responsibility to contact The Balanced Dietitian to confirm that your registration has been submitted.  Only you may be aware of any problems that may occur during the registration process.  The Balanced Dietitian will not be responsible or otherwise liable for any loss, damages or costs suffered or incurred by your or any person as a result of your failure to confirm whether or not your registration was submitted.

Formation of Contract

Unless and until you receive a Registration Confirmation from The Balanced Dietitian, no legally binding or enforceable contract exists between you and The Balanced Dietitian

The Balanced Dietitian reserves the right, in its sole and absolute discretion, to accept, reject, cancel, correct and/or terminate any registration and issue a full refund at any time, for any reason whatsoever.

The Balanced Dietitian will advise you of any decision to refuse or cancel your registration by contacting you at the email address associated with your Account.  In the event that The Balanced Dietitian rejects or cancels or your registration, The Balanced Dietitian will have no obligation to fulfill your registration and you will have no obligation to pay The Balanced Dietitian for the registration.

Currency

Unless otherwise stated, all registration fees are in CAD$ and are subject to applicable taxes.

 

Registrations Fees

By placing your registration, you agree to pay The Balanced Dietitian the registration fees set out in the Registration Confirmation, together with all applicable taxes (the “Registration Fees”).

Payment is accepted by credit card only.  You may only use credit cards that belong to you or to a person who has expressly authorized you to use such payment method

Depending on the payment option selected by you at the time of registration, the Registration Fees are payable to The Balanced Dietitian either:

You authorize The Balanced Dietitian to charge the credit card provided at the time of registration for all monthly payments in accordance with the above.

Any amounts not paid by You when due, including without limitation, as a result of The Balanced Dietitian being unable to process any credit card provided by you, shall accrue interest at the rate of five percent (5%) per annum, calculated monthly not in advance, or the maximum rate permitted by law, whichever is lower.

In the event of default of any payment by you, The Balanced Dietitian may, in addition to any other available remedy, and without notice to you, suspend your access to the Site and to the Online Program until any and all outstanding amounts are paid in full.  Suspension of your access to the Site or to the Online Program will not relieve you of your payment obligations to The Balanced Dietitian.  You acknowledge and agree that The Balanced Dietitian shall not be liable to you or to any other person for any loss, damages, expenses, liabilities or claims arising from or relating to the suspension of your access to the Site or the Online Program in accordance with this paragraph. 

No Refunds or Cancellations

Except as provided in this paragraph, all registrations are non-cancellable and non-refundable.  There are no refunds or cancellations on any registration for any reason once your registration has been accepted, except as provided herein, or as The Balanced Dietitian may otherwise determine, in its sole and absolute discretion.

In the event that The Balanced Dietitian cancels the Online Program for any reason within one hundred eighty (180) days following the date of your registration for the Online Program, The Balanced Dietitian will refund any amounts prepaid by you on account of the Registration Fees as follows:

(ii) The Balanced Dietitian will refund you a portion of the monthly payment for the month in which the Online Program is cancelled, prorated on the basis of the number of days remaining in such month.

You acknowledge and agree that: (1) your sole and exclusive remedy in the event of any termination of the Online Program by The Balanced Dietitian is as described in this paragraph; and (2) Except as provided in this paragraph, or as otherwise determined by The Balanced Dietitian in its sole and absolute discretion, you may not cancel your Registration, nor will you be entitled to any refund of the Registration Fees, or any portion thereof, for any reason. 

DISCLAIMERS

EXCEPT AS PROVIDED IN THIS PARAGRAPH, YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK.  THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE BALANCED DIETITIAN MAKES NO REPRESENTATION, WARRANTY, CONDITION, OR GUARANTE, EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING THE ONLINE PROGRAM, WILL PERFORM AS PROMISED.  TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE AND USE, THE BALANCED DIETITIAN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES, INCLUDING WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES OF DESCRIPTION, QUALITY, MERCHANTABILITY, SUITABILITY, TITLE, NON-INFRINGMENT, NON-INTERFERENCE WITH USE AND/OR ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER DUTIES AND OBLIGATIONS, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, CUTOM, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, HOWEVER ARISING. THE BALANCED DIETITIAN DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE SAFE, SECURE OR ERROR-FREE, OR THAT THE SITE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.  THE BALANCED DIETITIAN DOES NOT REPRESENT OR WARRANT THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  THE BALANCED DIETITIAN IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE THE BALANCED DIETITIAN FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BALANCED DIETITIAN IS NOT RESPONSIBLE, AND DISCLAIMS ANY AND ALL LIABILITY, FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY PROVIDER OF ANY THIRD PARTY SERVICES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, ANY WARRANTY THAT CANNOT BE EXCLUDED WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE BALANCED DIETITIAN, ITS AFFILIAITES, RELATED PERSONS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, ATTORNEYS, REPRESENTATIVES, LICENSORS AND SUPPLIERS (COLLECTIVELY, “THE BALANCED DIETITIAN RELEASEES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES OF ANY KIND OTHER THAN OUT OF POCKET EXPENSES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF PROFITS, REVENUES, OR BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF USE OR ENJOYMENT, WORK STOPPAGE, ACCURACY OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, THE SERVICES, YOUR USE OF OR ACCESS TO THE SITE OR SERVICES, AND/OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE ONLINE PROGRAM, WHETHER BASED IN CONTRACT, TORT, EQUITY, AT LAW, OR UPON ANY OTHER THEORY OF LIABILITY, EVEN IF THE BALANCED DIETITIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE BALANCED DIETITIAN WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY FAILURE OF ANOTHER USER OF THE SITE TO COMPLY WITH THESE TERMS OF SERVICE AND USE AND ANY ADDITIONAL POLICES, (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (c) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, (d) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, (e)  THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES; (f) DAMAGES TO YOUR HARDWARE DEVICE FROM THE USE OF THE SITE OR SERVICES. SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING SAME.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY OF THE BALANCED DIETITIAN TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, THE SITE, THE CONTENT THE SERVICES, YOUR USE OF OR ACCESS TO THE SITE OR SERVICES, AND/OR ANY PRODUCT OR SERVICE ORDERED OR PURCHASED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE ONLINE PROGRAM, IS LIMITED TO DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO THE BALANCED DIETITIAN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT NO ACTION ARISING OUT OF OR IN RELATION TO THESE TERMS OF SERVICE AND USE, THE SITE, THE CONTENT THE SERVICES, AND/OR ANY PRODUCT OR SERVICE ORDERED OR PURCHASED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE ONLINE PROGRAM, MAY BE BROUGHT BY YOU OR ANY THIRD PARTY MORE THAN TWELVE (12) MONTHS AFTER THE FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR REASONABLY OUT TO HAVE BEEN DISCOVERED BY YOU.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE EXCLUSIONS AND LIMITATIONS CONTAINED IN THE DISCLAIMERS AND LIMITATION OF LIABILITY SECTIONS ARE REASONABLE IN SCOPE AND REPRESENT THE ALLOCATION OF RISK BETWEEN YOU AND THE BALANCED DIETITIAN (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE), AND AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE BALANCED DIETITIAN.

RELEASE AND INDEMNITY

YOU HEREBY RELEASE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD THE BALANCED DIETITIAN, ITS AFFILIAITES, RELATED PERSONS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, ATTORNEYS, REPRESENTATIVES, LICENSORS AND SUPPLIERS (COLLECTIVELY, “THE BALANCED DIETITIAN INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, LOSSES, COSTS, CHARGES, EXPENSES, DAMAGES AND LIABILITIES, WHATSOEVER AND HOWEVER ARISING, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES AND COSTS, ARISING OUT OF OR INCURRED BY ANY OF THE BALANCED DIETITIAN INDEMNITEES AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE OR SERVICES, YOUR USER CONTENT, YOUR VIOLATION OF THE TERMS AND CONDITIONS OR APPLICABLE POLICIES, YOUR BREACH OF ANY OF THE TERMS, CONDITIONS, LICENSES, RESTRICTIONS, OR POLICIES IMPOSED BY ANY THIRD PARTY, OR YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAWS OR REGULATIONS. The Balanced Dietitian reserveS the right to assume exclusive control and defence of any claim, and you agree to co-operate fully with THE BALANCED DIETITIAN in asserting any available defences.

NO LIMITATION ON PROFESSIONAL LIABILITY 

NOTHING CONTAINED IN THE ABOVE PARAGRAPHS WILL EXCLUDE OR LIMIT, OR BE DEEMED TO EXCLUDE OR LIMIT, IN ANY MANNER WHATSOEVER, ANY PROFESSIONAL LIABILITY OF MARIE-PIER PITRE D’LORIO, INCLUDING WITHOUT LIMITATION, UNDER THE DIETETICS ACT, 1991, S.O. 1991, C. 26, (THE “DIETETICS ACT”), THE REGULATED HEALTH PROFESSIONS ACT, 1991, S.O. 1991, C. 18, PHIPA, THE HCCA  OR ANY OTHER APPLICABLE LAWS.

GENERAL PROVISIONS

These Terms of Service and Use, together with all Additional Policies, constitutes the entire agreement between you and The Balanced Dietitian relating to your use of the Site and/or Services, including without limitation, your registration for the Online Program, and supersedes all prior agreements and understandings between you and The Balanced Dietitian with respect to such subject matter. 

No amendment, modification or supplement of any provision of these Terms of Service and Use will be effective unless in writing. If any provision of these Terms of Service and Use is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the validity or enforceability of any other provision of these Terms and Services shall not be affected.  No agency, partnership, joint venture, employment, or franchisor-franchisee relationship is intended or created by these Terms of Service and Use, your use of the Site, or the provision of the Services.  Any failure by The Balanced Dietitian to act with respect to any breach by you or others does not constitute a waiver of the right of The Balanced Dietitian to act with respect to subsequent or similar breaches. 

These Terms of Service and Use and the Additional Policies are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflict of law provisions thereof.  You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

QUESTIONS

If you have any questions, comments or complaints regarding these Terms of Service or Use, the Site or the Services, please contact us at: [email protected]