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Terms and Conditions of Use

Nutrition Care Manual®™
Terms and Conditions of Use

Please read these Terms carefully before accessing or using the Nutrition Care Manual® found at http://nutritioncaremanual.org/ (the “NCM™”). By accessing or using the NCM™, you signify your assent to these Terms and Conditions of Use (“Terms”). If you do not agree to all of these Terms, do not access or use the NCM™.

The Academy of Nutrition and Dietetics (“the Academy”) may revise and update these Terms at any time. Your continued usage of the NCM™ will mean you accept those changes.

The NCM™ does not provide medical advice. The contents of NCM™, such as text, graphics, interactive tools, images and other material contained on the NCM™ (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The NCM™ does not replace the advice of a registered dietitian, 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.

Use of Content

Any special rules for the use of certain items accessible on the NCM™ may be included elsewhere within the NCM™ and are incorporated into these Terms by reference. Except as otherwise provided on the NCM™, the Academy authorizes you to view the material on the NCM™ solely for your personal, noncommercial use in your practice or in your registered facility; provided however that you are not permitted to download a complete copy of the NCM™. No portion of the Content may be used for commercial exploitation (for example, by resale to others or by republication to the public) without prior written consent from the Academy; contact the permissions editor at aswarn@eatright.org for permission requests. Use of NCM™ is limited to the number of users for your subscription. No portion of the NCM™ may be posted or distributed other than to individual patients of a user who has a subscription to NCM™ without prior written consent.

Without limiting the forgoing, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the NCM™ or from the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor the NCM™ or the Content without the Academy’s prior written permission. You may not use the Content in any way that harms the Academy, our employees, or content experts. You may not use the NCM™ as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export the NCM™ or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the NCM™ or the Content is prohibited.

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 is a breach of these Terms and a violation copyright, trademark and other laws. If you violate any of these Terms, 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 the NCM™ and the Content is at your own risk. When accessing or using NCM™, 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 NCM™.

The NCM™ and the Content are provided on an “as is” basis. THE ACADEMY, 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, text, graphics, links, or communications provided on or through the use of the NCM™.
  • 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 NCM™.

In no event shall the Academy, its licensors, its suppliers, or any third parties mentioned on the NCM™ 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 NCM™ 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 NCM™ are not liable for any personal injury, including death, caused by your use or misuse of the NCM™ or Content, (as defined below). Any claims arising in connection with your use of the NCM™ or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

User Submissions

The personally identifiable information you submit to the Academy is governed by the Academy Privacy Policy.

Links to Other Sites

The NCM™ 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 NCM™, 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 or service on the NCM™.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the NCM™ infringe your copyright, you may request removal of those materials (or access thereto) from this Web site 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) e-mail 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 Web site is as follows:

Academy of Nutrition and Dietetics
ATTN: Publisher
120 S. Riverside Plaza, Suite 2000
Chicago, IL 60606-6995
(800) 877-1600

Governing Law

By using the NCM™, you agree that the laws of the State of Illinois will govern these Terms, without regard to principles of conflict of laws and that any dispute between you and the Academy 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.

Indemnity

You agree to defend, indemnify and hold the Academy, 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 use of the NCM™ or Content or a violation of these Terms.

Complete Agreement

These Terms and the Academy Privacy Policy constitute the entire agreement between you and the Academy with respect to the use of NCM™ and the Content.

Thank you for your cooperation. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form, calling our Chicago headquarters at (800) 877-1600 or via U.S. mail to:

Academy of Nutrition and Dietetics
ATTN: Publisher
120 S. Riverside Plaza, Suite 2000
Chicago, IL 60606-6995

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