DAIRY FARMERS OF CANADA TERMS FOR WEBSITE USE AND PRIVACY

Last update: 2008

TERMS AND CONDITIONS

By accessing this website, you acknowledge and accept all these terms and conditions 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.

USE OF THIS WEBSITE

You may browse this website for personal entertainment and information purposes but you are not permitted to distribute, modify, communicate, transmit, revise or otherwise use the materials contained in this website in any way, unless otherwise informed. Any use of these materials on any other website or networked computer environment for any purposes is prohibited without the written consent of Dairy Farmers of Canada. 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 Dairy Farmers of Canada, other than as expressly provided for by these Terms is strictly prohibited.

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 name and first name that could be posted if your trick is selected), the content of your discussions on-line during the healthy weight rendez-vous as well as the general information collected through surveys (hereafter collectively referred to as “Communications”). In some cases, it is possible that Dairy Farmers of Canada 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 Dairy Farmers of Canada. Dairy Farmers of Canada 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 during the healthy weight rendez-vous, 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.

All elements contained at www.yourhealthyweight.ca are offered for non commercial purposes and for personal use. Therefore, it is forbidden to use the elements of the website for commercial or advertising purposes without the written consent of Dairy Farmers of Canada.

INTELLECTUAL PROPERTY

Copyrights. All the content of www.yourhealthyweight.ca including texts, drawings, graphics, images and photographs is protected, namely under the Canadian Copyright Act. Any unauthorized use 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 written consent of Dairy Farmers of Canada. Dairy Farmers of Canada 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 Dairy Farmers of Canada are subject to our Privacy Statement, we consider that any other information, details, material or text that you transmitted to us through www.yourhealthyweight.ca (including without limitation, remarks, suggestions, ideas, graphics, tricks and tips, recipes, etc.) may be used, reproduced and/or posted by Dairy Farmers of Canada without any restriction, limitation or compensation of any nature whatsoever. Dairy Farmers of Canada 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 Dairy Farmers of Canada from any damage, including without limitation, reasonable legal costs incurred by Dairy Farmers of Canada relating to any proceeding, action or claim resulting from the material/text submitted.

Trademarks. Trademarks appearing on www.yourhealthyweight.ca are trade-marks that are the property of Dairy Farmers of Canada, or used under license by them, and can not be used at any time and for any reason whatsoever without the prior written consent of Dairy Farmers of Canada.

DISCLAIMER & 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. Dairy Farmers of Canada, its subsidiaries, its affiliates, its holdings, their share-holders, officers and representatives, directors, senior managers, employees, agents (collectively referred to hereafter and above as Dairy Farmers of Canada), 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 Dairy Farmers of Canada 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 Dairy Farmers of Canada 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 Dairy Farmers of Canada 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. Dairy Farmers of Canada do not make any statement nor warrant in any way that the content of www.yourhealthyweight.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 & LIMITATION OF LIABILITY OF EXPERTS

All the content related to www.yourhealthyweight.ca do not aim at replacing the therapeutic advises from you doctor, dietitian, certified fitness consultant or other health professional. Experts that give you advise through www.yourhealthyweight.ca answer only to questions related to diet, physical activity and healthy weight control. Any other subjects do not fall within the field of expertise of www.yourhealthyweight.ca. Experts that give you advise through www.yourhealthyweight.ca undertake to exercise the best they can the art of the science of dietetics and/or of the physical activity, 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.

In the course of the exercise of the functions in relation with www.yourhealthyweight.ca, experts that are present during healthy weight rendez-vous are not employees, attendees, agents or representatives of Dairy Farmers of Canada. They exercise their profession as “independent contractors” and on this account they act under their personal civil responsibility and not Dairy Farmers of Canada. By communicating with the experts through the healthy weight rendez-vous or by participating only as visitor, the user discharges Dairy Farmers of Canada of any damages of whatever nature that they could suffer from in relation with the information, advices, recommendations and/or warnings that could be given to them through the healthy weight rendez-vous.

DISCLAIMER AND LIMITATION OF DAIRY FARMERS OF CANADA RESPONSIBILITY IN REGARDS WITH THE CONTENT SUBMITTED BY THE USERS

As more detailed in the On-Line Submission and Moderation Policy, Dairy Farmers of Canada reserve their right to modify the content submitted by users and to decide the order of appearance or the appearance itself in regards with tricks and tips and questions raised during the healthy weight rendez-vous. Notwithstanding the setting up of this Policy, it is understood that Dairy Farmers of Canada waives all responsibility regarding any damage of whatever nature that a user could suffer in relation with the content appearing on www.yourhealthyweight.ca.

LINKS TO THIRD PARTY CONTENT

This website may contain links to third party websites, which are not under the control of Dairy Farmers of Canada, therefore Dairy Farmers of Canada is not responsible for the contents contained in any linked site. These links are provided solely for your convenience. Dairy Farmers of Canada 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 Ontario and the federal laws of Canada, and you consent to the exclusive jurisdiction and venue of the courts in the Province of Ontario 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 Dairy Farmers of Canada may collect and how we may use that information. This Privacy Statement applies only to the website www.yourhealthyweight.ca that is intended for use by residents of Canada.

II. Personally-Identifiable Information

Dairy Farmers of Canada do not collect personal information about you when you simply browse on the site. Dairy Farmers of Canada 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 trick, a request for an alert of health weight rendez-vous, an order for a publication, the submission of a question, by participating at MY HEALTH WEIGHT EVALUATION or to a publicity contest, and during any other activity that takes place on www.yourhealthyweight.ca. Furthermore, Dairy Farmers of Canada will collect only personal data (such as name, address, phone number or e-mail address) from your friend(s) if you provided them to us voluntarily namely with a request for alert of healthy weight rendez-vous or the transmission of an advice to share. 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

Dairy Farmers of Canada will use the above described personal information to follow-up on your requests or to allow you to participate to the wanted activity. Moreover, Dairy Farmers of Canada 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 Dairy Farmers of Canada in connection with services that these individuals or entities perform for Dairy Farmers of Canada. Otherwise, your personally identifiable information will not be disclosed to others without your consent. The information and promotions on www.yourhealthyweight.ca are directed at residents of Canada and are valid only in Canada unless otherwise indicated on the website. We may request proof that you live in Canada 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 Dairy Farmers of Canada is obliged to disclose such information, including where Dairy Farmers of Canada 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. Dairy Farmers of Canada 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. Dairy Farmers of Canada 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

Dairy Farmers of Canada 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 Dairy Farmers of Canada who will have access to your personally identifiable information in connection when providing services for Dairy Farmers of Canada are required to keep the information confidential and are not permitted to use such information for any other purpose.

V. Children

The website www.yourhealthyweight.ca is intended to person aged 18 to 65. If you are under the age of majority in the province or territory you reside, 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.

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. Dairy Farmers of Canada does not collect personally identifiable information automatically, but we may tie information collected automatically to your previously submitted personally identifiable information.

VII. Publicity Contests

Dairy Farmers of Canada occasionally organizes contests. To enter, you will namely have to complete an entry form including your personally identifiable information. Unless 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.yourhealthyweight.ca and namely in the contest rules that you may consult.

VIII. Contact Information

Please contact us at question@dfc-plc.ca 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.

AMENDMENTS

Dairy Farmers of Canada reserves the right to revise these Terms at any time, subject to applicable law.

Last update : 2008-01-16

WAIVER "YOUR QUESTIONS, OUR ANSWERS"

Experts that answer questions submitted in “Your Questions, Our Answers” undertake to exercise the best they can the art of the science of dietetics and/or of the physical activity, 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. In the course of the exercise of their functions in relation with www.yourhealthyweight.ca, experts that answer questions submitted in “Your Questions, Our Answers” are not employees, attendees, agents, representatives or mandataries of Dairy Farmers of Canada, its subsidiaries, affiliated companies, and/or holdings (hereafter referred to as: “Dairy Farmers of Canada”). They exercise their profession as “independent contractors” and on this account they act under their personal civil responsibility and not the one of Dairy Farmers of Canada. By submitting questions to the experts, by visiting www.yourhealthyweight.ca and/or putting into practice the advice given by the experts on “Your Questions, Our Answers”, you discharge Dairy Farmers of Canada of any damages of whatever nature that you could suffer from in relation with the information, advices, recommendations and/or warnings that could be given through “Your Questions, Our Answers”. The experts will not answer all the questions submitted and by submitting your question, you discharge Dairy Farmers of Canada of any damages of whatever nature that you could suffer from in relation with the fact that your question was not selected and answered to by the experts.

WAIVER “YOUR TIPS”

Dairy Farmers of Canada, its subsidiaries, affiliated companies, holdings, its share holders, officers and representatives, senior managers, directors, employees agents and other representatives (hereinafter and collectively referred to as: “Dairy Farmers of Canada”) are not liable for any opinion, recommendation, and/or advice given by other users through “Your Tips”. In no circumstance, the Dairy Farmers of Canada can be held responsible of the legality, exactitude or conformity of any material/text submitted by the users through “Your Tips”. By visiting www.yourhealthyweight.ca and by putting in practice the tips proposed by the users, you discharge Dairy Farmers of Canada of any damages of whatever nature that you, or any other person, could suffer from in relation with the information, advices, recommendations, and/or warnings that could be given by the means of “Your Tips”.

ONLINE SUBMISSION AND MODERATION POLICY

OBJET OF THE "YOUR QUESTIONS, OUR ANSWERS" AND OF "YOUR TIPS"

The purpose of the “Your Questions, Our Answers” and “Your Tips” (hereafter: the “forums”) is namely to allow users to exchange with a dietitian and/or a certified fitness consultant on topics regarding nutrition, physical activity and healthy life habits related to healthy weight.

USER RESPONSABILITY 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 “Your Questions, Our Answers” and “Your Tips”, any material/text whose content contains information that is not based on the Canada 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 Guidelines of Health Canada in terms of 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, Dairy Farmers of Canada 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 banish any person that does not comply with the rules issued.

At all times, Dairy Farmers of Canada reserve 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, Dairy Farmers of Canada cannot guarantee the immediate withdrawal of any inappropriate material/text.

INTELLECTUAL PROPERTY

As further established in the Terms For Website Use and Privacy, 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 authorize Dairy Farmers of Canada to use, reproduce and/or post your material/text, without any restriction, limitation or any compensation whatsoever. By submitting your material/text, you renounce to any moral right that you could claim to.

Dairy Farmers of Canada 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 Dairy Farmers of Canada of any damage including, without being limited to, all reasonable legal costs incurred by Dairy Farmers of Canada relating to any proceedings, action or claim arising from the material/text submitted in the context of the forums.

LIMITATION OF RESPONSABILITY

Dairy Farmers of Canada, 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: “Dairy Farmers of Canada”) are not liable for any opinion, recommendation and/or advices given by other users through the forums. Dairy Farmers of Canada are not in a position to validate the content of the material/text submitted other than by the intervention of experts in “Your Questions, Our Answers” the later acting in an independent way. Consequently, in no circumstance Dairy Farmers of Canada 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 Dairy Farmers of Canada of any liability for damages including, without being limited to, all reasonable legal cost incurred by Dairy Farmers of Canada 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.