Terms of Service Governing FoodandNutrition.org
Please read these terms and conditions carefully before using FoodandNutrition.org. By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
The Academy of Nutrition and Dietetics (“the Academy”) may revise and update these Terms and Conditions at any time. Your continued usage of the website (“FoodandNutrition.org,” “the Food & Nutrition Magazine® site,” “the site,”) will mean you accept those changes.
This site does not provide medical advice. The contents of FoodandNutrition.org, such as text, graphics, interactive tools, images and other material contained on the site (“content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a registered dietitian, your physician or other qualified health provider regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. The Academy does not recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided on FoodandNutrition.org, including information posted by other visitors to the site, is solely at your own risk.
Use of Content
Any special rules for the use of certain software and other items accessible on the Academy Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. Except as otherwise provided on the Site, the Academy authorizes you to view or download a single copy of the material on the Academy Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2015, Food & Nutrition Magazine®. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with the Academy or its licensors. All rights not expressly granted herein are reserved to the Academy and its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Content and features are subject to change or termination without notice in the editorial discretion of the Academy.
Liability of the Academy and its Content Provider
The use of FoodandNutrition.org and the Content is at your own risk. When using FoodandNutrition.org, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Academy and its suppliers. Accordingly, the Academy assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of FoodandNutrition.org.
FoodandNutrition.org and the content are provided on an “as is” basis. THE ACADEMY OF NUTRITION AND DIETETICS, ITS LICENSORS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, the Academy, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of FoodandNutrition.org.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Academy Site.
In no event shall the Academy of Nutrition and Dietetics, its licensors, its suppliers, or any third parties mentioned on the Academy Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Academy Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Academy, its licensors, its suppliers, or any third parties mentioned on the are advised of the possibility of such damages. If notwithstanding the above limitations, Academy is found liable for any damages, the Academy, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. The Academy, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Content pages (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Content pages must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree that you will not upload or transmit any communications or content of any type to the Content pages (including blogs, message boards, Ask a Registered Dietitian, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Content pages, you agree that such submission is non-confidential for all purposes. If you make any such submission you agree that you will not send or transmit to the Academy by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to the Academy by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Content page or if you submit any business information, idea, concept or invention to the Academy by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted the Academy a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Academy may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Content pages or to the Academy by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions: Image, Video, Audio Files
You agree to only post or upload Media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or website URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on FoodandNutrition.org, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
By uploading any media like a photo or video, (a) you grant to the Academy a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes the Academy to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify the Academy and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the Terms and Conditions.
The Academy reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Comments Forums and Social Media
If you post comments to articles or share FoodandNutrition.org content, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Content pages. The Academy and its licensors are not responsible for the consequences of any communications in the Content pages. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Content pages, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Content page for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Academy in its sole discretion;
- Posting advertisements or solicitations of business;
- Disrupting the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting or using information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Content page or the Site, or which, in the judgment of the Academy, exposes the Academy or any of its customers or suppliers to any liability or detriment of any type.
The Academy reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions and our comments policy.
- Terminate a user’s access to any or all Content pages and/or the Academy Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Content pages.
- Edit or delete any communication(s) posted on the Academy Site, regardless of whether such communication(s) violate these standards.
The Academy or its licensors have no liability or responsibility to users of the Academy Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Links to Other Sites
The Academy may provide links to third-party web sites. The Academy does not recommend and does not endorse the content on any third-party web sites. The Academy is not responsible for the content of linked third-party sites, sites framed within the Academy Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. The Academy does not endorse any product, service, or treatment advertised on the Academy Site.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting the Academy (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
The Academy’s agent for copyright issues relating to this website is as follows:
Academy of Nutrition and Dietetics
ATTN: Doris Acosta
120 S. Riverside Plaza, Suite 2190
Chicago, IL 60606-6995
or: (800) 877-1600.
By using this website, you agree that the laws of the State of Illinois will govern these Terms and Conditions, without regard to principles of conflict of laws and that any dispute between you and Academy of Nutrition and Dietetics will be resolved by binding arbitration conducted by the American Arbitration Association in Chicago, Illinois, based upon their Commercial Rules of Arbitration. The arbitrator’s award shall be binding upon the parties and may be entered in any court of competent jurisdiction.
You agree to defend, indemnify and hold Academy of Nutrition and Dietetics, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Thank you for your cooperation. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Letter to the Editor form, calling our Chicago headquarters at (800) 877-1600 or via U.S. mail to:
Academy of Nutrition and Dietetics
120 S. Riverside Plaza, Suite 2190
Chicago, IL 60606-6995