Terms of Use

Date last revised: October 8, 2010

By accessing this website, you acknowledge and accept all these terms of use, which include the Privacy Statement set out below (“Terms”). It is important that you read these Terms and download or print them for your records. If you access this website without reading the Terms you are still agreeing to be bound by all of the Terms.

We reserve the right, in our sole discretion, to change, add, or delete portions of these Terms at any time without further notice or liability to you. If we do this, we will post the changes to these Terms on the website and will indicate at the top of this page the date these Terms were last revised. Your continued use of the website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to regularly check the website to determine if there have been any changes to these Terms and to review such changes. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the website, without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

Use of this Website

Except as specifically setout below (see “Permitted Uses”), you may only browse this website for personal entertainment and information purposes and are not permitted to distribute, modify, communicate, transmit, revise or otherwise use the materials contained in or on this website in any way, without the express written consent of Alberta Milk. Any use (other than a “Permitted Use”) of these materials on any other website or networked computer environment for any purposes is expressly prohibited without the express written consent of Alberta Milk. As more detailed hereafter, the materials on this website may be subject to copyright and other intellectual property rights and any unauthorized use of these materials may violate copyright, trademark and other laws. The use of any materials or trademarks, that are registered or not, including trademarks of partners of Alberta Milk, other than as expressly provided for by these Terms is strictly prohibited.

Permitted Uses

Without limiting the generality of the foregoing, the following are considered “Permitted Uses”

• Users are permitted to print their favourite recipes from the website for personal (non-commercial) use only, provided that all copyright and other proprietary notices contained therein are retained in their original form.
• Provided that all copyright and other proprietary notices are retained in their original form, Alberta Fitness Leadership Certification Association (AFLCA) and its certified members are expressly permitted to:
  • Print, copy and distribute nutrition articles, eTips and recipes;
  • Transmit and forward articles, recipes, eTips using the send page or link by email features of the website;
  • Order resources online for distribution to class participants;
  • Link to www.nourishmovethrive.ca through a blog and/or website;
  • Communicate nutrition information and eTips contained on the website to class participants, encouraging participants to visit www.nourishmovethrive.ca and sign up to receive weekly eTips

User Submissions

Except as otherwise provided in our Privacy Statement, any material, information or other communications you transmit to or post on this website will be considered non-confidential and non-proprietary and cleared of any rights including the content of tips and tricks submitted (including any recipe as well as your first and last name that could be posted if your trick is selected), the content of your discussions on-line, as well as the general information collected through surveys (hereafter collectively referred to as “Communications”). In some cases, it is possible that Alberta Milk depersonalize the information gathered during a survey in order to no longer identify the participants and that the information given in the survey be used in any manner by Alberta Milk. Alberta Milk and its affiliates or others may copy, display, post, transmit, disclose, communicate or otherwise use the Communications.

As more detailed hereafter in the On-Line Submission and Moderation Policy, you are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, profane, defamatory, obscene or pornographic material, or any material that infringes copyright laws or other intellectual property rights of another party if used without the party’s permission, or any software that could contain a virus, defect or other harmful or disruptive component.

In addition to what is provided for hereafter in the Intellectual Property Section and in the On-Line Submission and Moderation Policy, by transmitting any Communications to this website, including Communications posted, on electronic bulletin boards or other user forums, as well as the content of the tricks and tips you submit, you warrant that such Communications are original to you or that you have authorization to publicly communicate them and you waive all moral rights or other similar rights in those Communications in favour of Alberta Milk.

Except as specifically setout above in the “Permitted Uses”, all elements contained at www.nourishmovethrive.ca are offered for non-commercial purposes and for personal use only. Therefore, unless otherwise listed as a “Permitted Use”, it is forbidden to use the elements of the website for commercial or advertising purposes without the express written consent of Alberta Milk.

Intellectual Property

Copyrights. All the content of www.nourishmovethrive.ca including, without limitation, all texts, drawings, graphics, images and photographs is protected, namely under the Canadian Copyright Act. Any unauthorized use (see “Permitted Uses”) of this content, including any reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, representation, translation, put at the public’s disposal or any download is prohibited without the express written consent of Alberta Milk. Alberta Milk do not make any statement and do not warrant in any way that these elements do not infringe the rights of another person or entity.

As mentioned hereinabove and even though the personal information forwarded to Alberta Milk are subject to our Privacy Statement, we consider that any other information, details, material or text that you transmit to us through www.nourishmovethrive.ca (including, without limitation, remarks, suggestions, ideas, graphics, tricks and tips, recipes, etc.) may be used, reproduced and/or posted by Alberta Milk without any restriction, limitation or compensation of any nature whatsoever. Alberta Milk waive any and all responsibility regarding any violation of the rights of a third party in any content that you have so transmitted and to such purpose, you undertake to defend and release Alberta Milk from any damage, including, without limitation, reasonable legal costs incurred by Alberta Milk relating to any proceeding, action or claim resulting from the material/text submitted.

The website permits you to upload post or otherwise transmit content that you have created (“User Content”). By accessing and using the website, you are giving Alberta Milk permission to forever use any content you submit. You hereby grant to Alberta Milk a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to use, copy, reproduce, adapt, transmit, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to, the website.

Trademarks. Trademarks appearing on www.nourishmovethrive.ca are trade-marks that are the property of Alberta Milk, or used under license by them, and can not be used at any time and for any reason whatsoever, unless: (i) such use is in relation to a Permitted Use; or (ii) you obtain the express written consent of Alberta Milk.
Your use (including Permitted Uses) of the website does not grant or transfer to you any ownership or other rights in the content provided for the website by Alberta Milk and applicable third parties, and except as expressly provided, nothing herein or within the website shall be construed as conferring on you or any other person any license under any of Alberta Milk’s or any third party’s intellectual property rights, including, without limitation, any right to copy, download, display, reproduce, distribute, modify, edit, alter or enhance any of the website content in any manner. Any rights not expressly granted to you in the Terms are reserved by Alberta Milk.

Disclaimer and Limitation of Liability

This site, the materials and services provided at this site and links to other sites are provided “as is” without any warranties of any kind, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, performance, title or non-infringement of intellectual property. Alberta Milk, its subsidiaries, its affiliates, its holdings, their share-holders, officers and representatives, directors, senior managers, employees, agents (collectively referred to hereafter and above as Alberta Milk), third party including providers, sponsors, partners, licensors, and the like, do not warrant the accuracy, timeliness or completeness of the materials, including, without limitation, information regarding services, products, performance or prices described. If applicable laws do not allow the exclusion of implied warranties, the above exclusion may not apply to you. In no event will Alberta Milk be liable for any damages whatsoever, including direct, indirect, special, exemplary, consequential, punitive or otherwise (including, without limitation, liability for loss of use of data, revenue or profits or business interruption), arising out of the use, inability to use, or the results of use of this website, any website linked to this website, or the materials of information contained at any such sites, including, without limitations, those resulting from acts of God, communications failure, theft, destruction or unauthorized access of Alberta Milk records, programs or services, whether based on warranty, contract, tort or other legal theory, whether for negligence or gross negligence, whether or not reasonably foreseeable and whether or not advised of the possibility of such damages. If your use of the materials, links, or information from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow exclusion or limitation of incidental or consequential damages, so the above limitations or exclusion may not apply to you. Liability is limited to the fullest extent permitted by law. You agree to indemnify Alberta Milk for all claims, loss or damage of any kind resulting from or arising out of (1) your breach of these Terms and (2) your use of this website, including any claim of infringement of any intellectual property rights of any third party. Alberta Milk do not make any statement nor warrant in any way that the content of www.nourishmovethrive.ca and each of its components are exempt of mistakes, defects, virus or other harmful components, neither that access will not be interrupted or that such type of problem that could be detected will be corrected.

Disclaimer and Limitation of Liability of Experts

All the content related to www.nourishmovethrive.ca does not aim at replacing the therapeutic advice from your doctor, dietitian, certified fitness consultant or other health professional. Experts that give you advice through www.nourishmovethrive.ca answer only to questions related to diet and healthy weight control. Any other subjects do not fall within the field of expertise of www.nourishmovethrive.ca. Experts that give you advice through www.nourishmovethrive.ca undertake to exercise the best they can the art of the science of dietetics, as the case may be, in total compliance of their respective professional code of ethics and if need be, by consulting any competent professional. The information, advices, recommendations and/or warnings given by experts will be done in a disinterested way without undue reference to specific products and without endorsements of any given trademark.

Disclaimer and Limitation of Alberta Milk Responsibility in Regards to the Content Submitted by the Users

As more detailed in the On-Line Submission and Moderation Policy, Alberta Milk reserves their right to modify the content submitted by users and to decide the order of appearance or the appearance itself in regards with comments and questions raised. Notwithstanding the setting up of this Policy, it is understood that Alberta Milk waives all responsibility regarding any damage of whatever nature that a user could suffer in relation with the content appearing on www.nourishmovethrive.ca.

You hereby agree to indemnify, defend and hold harmless Alberta Milk and its owners, affiliates, business partners, directors, officers, employees and agents from any loss, liability, claim, demand, damage or expense asserted by any third party relating in any way to your use of the website or breach of these Terms, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.

Links to Third Party Content

This website may contain links to third party websites, which are not under the control of Alberta Milk therefore Alberta Milk is not responsible for the contents contained in any linked site. These links are provided solely for your convenience. Alberta Milk does not endorse or make any representations or warranties about those sites, or any information, software, or other products or materials found there, or any results that may be obtained from using them.

Governing Law

This agreement is governed by the laws of the Province of Alberta and the federal laws of Canada, and you consent to the exclusive jurisdiction and venue of the courts in the Province of Alberta in all disputes arising out of or relating to your use of this website and the materials contained herein.

Privacy Statement

I. General

This Privacy Statement outlines the information Alberta Milk may collect and how we may use that information. This Privacy Statement applies only to the website www.nourishmovethrive.ca that is intended for use by residents of Alberta.

Please return to the website and review this Privacy Statement from time to time as it may be amended without notice to you. Any changes to this Privacy Statement will be effective immediately upon the posting of the revised Privacy Statement on the Site. If you do not agree to (or cannot comply with) the Privacy Statement, as amended, your only remedy is to stop using the website. You will be deemed to have accepted the Privacy Statement as amended, if you continue to use the Site after any amendments are posted.

II. Personally-Identifiable Information

Alberta Milk will not collect personal information about you when you simply browse on the site. Alberta Milk will only collect personally identifiable information about you (such as your name, address, telephone number or e-mail address) if you provide it to us voluntarily namely when submitting a comment, signing up for weekly e-tips, ordering publications, the submission of a question, by participating in My Healthy Weight Assessment or to a publicity contest, and during any other activity that takes place on www.nourishmovethrive.ca. In all cases, you can choose not to provide us with such information although this may sometimes affect your ability to participate in the above described activities and in certain promotions, including offers of products samples or information or the sending of messages through some of our websites or interactive advertisements.

III. Use of Personally-Identifiable Information

Alberta Milk will use the above described personal information to follow-up on your requests or to allow you to participate in the wanted activity. Moreover, Alberta Milk could collect and use the information about you to help better understand your needs and how we may improve our products and services and to contact you. In all cases, your information may be shared with agents or contractors of Alberta Milk in connection with services that these individuals or entities perform for Alberta Milk. Otherwise, your personally identifiable information will not be disclosed to others without your consent except as specifically noted below. The information and promotions on www.nourishmovethrive.ca are directed at residents of Alberta and are valid only in Alberta unless otherwise indicated on the website. We may request proof that you live in Alberta so we can be assured that the response or information we provide to you is appropriate for your country of residence.

There are circumstances where the use of personally identifiable information may be justified or permitted, or where Alberta Milk is obliged to disclose such information, including where Alberta Milk is required by law, injunction or a court order, administrative agency or other government tribunal; to protect the rights, privacy or property of others; or where the information is public. Alberta Milk endeavours to ensure that any personally identifiable information provided to us is kept accurate, current and complete for the purposes for which the information is used. Alberta Milk keeps such information only as long as it is required and we destroy, delete or convert such information into an anonymous form when it is no longer required.

IV. Security

Alberta Milk is committed to keeping secure the data you provide us and will take reasonable precautions to protect your personally identifiable information from loss, misuse or alteration. Agents or contractors of Alberta Milk who will have access to your personally identifiable information in connection when providing services for Alberta Milk are required to keep the information confidential and are not permitted to use such information for any other purpose.

Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your personal information, we cannot ensure or warrant the security of any information you provide to us. All third parties that obtain personal information from us (e.g. service providers that perform functions on our behalf) are contractually required to protect your confidentiality and personal information in a manner consistent with this policy, and/or as required by law.

V. Children

The website www.nourishmovethrive.ca is intended to person aged 18 to 65. If you are under the age of majority, please be sure to ask your parents or other adult in charge of your supervision for permission before providing any personally identifiable information to us.
We are committed to protecting the privacy of children and we do not knowingly solicit personal information from children under the age of 13. If a child has already provided us with personal information, his or her parent or guardian may contact us for the purpose of deleting this information.

VI. Non-personally Identifiable Information Collected Automatically

We may collect information about you that is not personally-identifiable such as the type of Internet browser or computer operating system you are using and the domain name of the website from which you linked to our site. In addition, when you view one of our websites, we may store some information on your computer in the form of a “cookie” or similar file. Cookies allow us to tailor a website or promotion to better match your interests or preferences. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Please note that if you disable cookies, you may be unable to access some customized features on this website. Cookies do not collect or contain your personal information. Alberta Milk does not collect personally identifiable information automatically, but we may tie information collected automatically to your previously submitted personally identifiable information.

VII. Publicity Contests

Alberta Milk occasionally organizes contests. To enter, you will only be required to complete an entry form including your personally identifiable information. Unless Alberta Milk receives a specific agreement to the contrary from you, the information collected when you participate in a contest will mainly be used to communicate with you if you are selected to win a prize. Please note that all contests are submitted to such specific rules that are more detailed at www.nourishmovethrive.ca and namely in the contest rules that you may consult.

VIII. Contact Information

Please contact us at pboyson@albertamilk.com if you have any questions about this Privacy Statement or any personally identifiable information we may have collected concerning you, or if you would like us to delete any personally identifiable information we may have concerning you.

Online Submission and Moderation Policy

Object of the “Ask an RD” and “comments and recipe ratings”

The purpose of the “Ask an RD” and “comments and recipe ratings”(hereafter: the “forums”) is namely to allow users to exchange with a dietitian on topics regarding nutrition and healthy life habits.

Without limiting the generality of our Terms of Use, the following rules apply to online submissions:

User Responsibility and Terms of Use

All communication transmitted in the context of the forums is public and non private. It is recommended that you transmit information on yourself that is only of a public nature and that you are willing to see circulate in any circumstance. We therefore recommend that you keep secret your personal information.
Furthermore, you acknowledge that you are personally responsible of the content of the materials/text that you communicate in the forums, as well as consequences that could ensue. Each user is therefore responsible to comply with the following rules in his communications:

a) Privacy:

All persons being entitled to their privacy, you must not in any circumstances, except with an authorization to do so, reveal or publish elements of intimacy of an identifiable person (i.e. love or sexual life, health condition, domicile, sexual orientation, physical intimacy, etc.).

b) Reputation:

All persons being entitled to the respect of their reputation, you must not in any circumstances, affirm or insinuate facts on a person in a careless or reckless manner without having first verified the truthfulness of the remarks. Or also, in the case of true facts, remind them without legitimate motive and for the only purpose to harm, bring ridicule on, humiliate, insult or offence a person.

c) Image:

It is prohibited to transmit any photograph of a person without his authorization.

d) Illegal Act:

It is prohibited to harass, discriminate or cause hateful propagation through forums. Moreover, are prohibited discussions that encourage illegal activities.

e) Language:

It is forbidden to use coarse or offensive language. Will not be tolerated any content that is defamatory, obscene, injurious, pornographic, obsessive, racist, aggressive, violent, abusive or otherwise illegal. No personal attack will be tolerated. It is possible to criticise arguments but not the persons who voiced them.

f) Subject:

Considering the object of the “Ask an RD” and “comments and recipe ratings”, any material/text whose content contains information that is not based on Eating Well with Canada’s Food Guide, that does not promote a healthy diet and/or excludes one or more food groups, promotes a popular or miracle diet or products (pills, shakes, tonics, etc.), is not based on the Canadian Guidelines for Physical Activity, refers to unrealistic or too rapid weight loss (higher than 2 pounds per week), does not take into consideration personal and physiological needs (e.g. non personalised) of a person, deals with health problems that are too personal (ex. I have diabetes and my doctor has recommended…) could be partly or totally not published.

g) Solicitation:

No one is authorized to use these forums to solicit, promote and/or offer for sale any products/services for commercial purposes or in any other way than for the goals these forums of discussion are aiming at. Therefore, it is prohibited to use or refer to specific trademarks, and such, for commercial purposes.

Rules of Moderation and Online Submission

In all cases, Alberta Milk reserve their right, at their sole discretion, to partly or totally publish, to refuse to partly or totally publish or to remove any material/text transmitted by a user that they may judge inappropriate for whatever reason and reserve their right to suspend any person that does not comply with the rules issued.

At all times, Alberta Milk reserves their right to act and intervene in the forums to keep them appropriate. However, it is impossible to foresee and control each communication made in the forums and therefore, Alberta Milk cannot guarantee the immediate withdrawal of any inappropriate material/text.

Intellectual Property

As further established in the Terms of Use you acknowledge that you have all rights required, namely intellectual property rights, on all the content of the material/text that you transmit through forums and acknowledge and agree that by the sole act of submitting your material/text through these forums (including, without being limited to, remarks, suggestions, ideas, graphics, tips, recipes, etc.), you grant a non-exclusive licence in perpetuity to Alberta Milk to use, reproduce and/or post your material/text, without any restriction, limitation or any compensation whatsoever. By submitting your material/text, you waive to any moral right that you may have in such materials in favour of the Sponsor.

Alberta Milk waive any responsibility regarding any violation of rights of third parties in all material/text that you will have so transmitted and to such purpose, you undertake to discharge Alberta Milk of any damage including, without being limited to, all reasonable legal costs incurred by Alberta Milk relating to any proceedings, action or claim arising from the material/text submitted in the context of the forums.

Limitation of Responsibility

Alberta Milk, its subsidiaries, affiliated companies, holdings, their shareholders, officers and representatives, senior manager, directors, employees, agents and other representatives (hereinafter and above collectively referred to as: “Alberta Milk”) are not liable for any opinion, recommendation and/or advices given by other users through the forums. Alberta Milk are not in a position to validate the content of the material/text submitted other than by the intervention of experts in “Ask an RD” the later acting in an independent way. Consequently, in no circumstance Alberta Milk can be held responsible of the legality, accuracy or conformity of any material/text submitted by users. To such purpose, the user undertakes to defend and release Alberta Milk of any liability for damages including, without being limited to, all reasonable legal cost incurred by Alberta Milk that are related to any proceeding, action or claim arising from the non compliance of the Policy and/or any material/text submitted in the context of the forums.

Legal Disclaimer

Please note that all the content related to www.nourishmovethrive.ca is not intended to replace the therapeutic advice of your physician, dietitian, certified fitness consultant or other health professional.

The registered dietitians who give you advice through www.nourishmovethrive.ca or related emails, provide information and answer only questions relating to eating habits and healthy weight management which is subject to the Terms of Use.

Any other subject is outside the expertise of www.nourishmovethrive.ca.