Terms of Use Agreement

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It is important that you read all the following terms and conditions carefully. This Terms of of Use Agreement (“Agreement”) is a legal agreement between you and Rachel McBryan, Registered Dietitian (R.D.) the (“Owner”) of Wise-Eats.ca (the “Website”.) It states the terms and conditions under which you may access and use the Website, and subscription platform website, https://practicebetter.io/ owned by Green Patches Inc. (the “Service”) and all written and other materials displayed or made available through the Website and the Service, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, and the Service you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website or Service. Rachel McBryan R.D. may revise this Agreement at any time by updating this posting. Use of the Website and the Service after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Do NOT use the Website nor the Service for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website or the Service.

The general information provided on the Website and the Service is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician, dietitian or other qualified health provider properly licensed to practice dietetics, medicine or general healthcare, respectively in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any nutritional need you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician, dietitian or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website and the Service is not exhaustive and does not cover all nutritional advice to treat diseases, ailments, physical conditions, or any other treatment.

The presentation of general information on the Website and the Service does not establish a dietitian-patient relationship between you and Rachel McBryan R.D.  (or any of its dietitians) and is not intended as a solicitation of individuals to become patients or clients of Rachel McBryan R.D. (or any associated dietitians). This section does not apply to the extent that you are using the Website and the Service to communicate with a dietitian with whom you have an existing dietitian-patient relationship.

Unless specifically stated, Rachel McBryan R.D. does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website and the Service.

If you are an existing patient, the Website and Services may allow you to communicate with Rachel McBryan R.D. your dietitian(s) by email or by some other electronic means. Communications sent by you to Rachel McBryan R.D.  or your dietitian, or to you by Rachel McBryan R.D.  or your dietitian via email or this Website may not be secure and may be accessible by third parties. Any use or disclosure of personal information provided by you shall be in accordance with our privacy policy.

The Service may issue to you a username (“Username”) and a password (“Password”) to permit you to access the patient portal portion to book appointments or email communication of this Website or on the affiliate website. You are solely responsible for the confidentiality and use of your Username and Password.

Rachel McBryan R.D. does not wish to use this Website as a means of communication with the public:

(i) regarding questions or issues related to nutritional status; 

(ii) to establish dietitian-patient relationships;

(iii) to book or cancel appointments; 

(iv) for inquiries regarding fees, services, or similar matters.

A dietitian-patient relationship can only be established via the Booking links, and after obtaining consent from the client through the use of privacy and the release of information, consent for electronic communication to comply to privacy requirements.  

Email communications regarding such matters will not be responded to and will be discarded unread. If you are not an existing patient and you wish to contact Rachel McBryan R.D. or associated dietitians regarding nutrition questions or issues or with regard to appointments, accounts, or other questions, please do so by booking a discovery call  using the Service, telephone, fax, or regular mail in the manner set out in the Website. 

The Website, the Service and the Content are provided “AS IS” and “AS AVAILABLE.” While Rachel McBryan R.D. endeavours to provide information hat is correct, accurate, current, and timely, Rachel McBryan R.D.  makes no representations, warranties, or covenants, express or implied, regarding the Website, the Service and the Content including, without limitation, no representation, warranty, or covenant that 

(i) the Content contained in or made available through the Website and the Service or any item(s) made available on or through the Website and the Service will be of merchantable quality and/or fit for a particular purpose; 

(ii) the Website, the Service or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; 

(iii) that the operation of the Website and the Service will be uninterrupted or error-free; 

(iv) that defects or errors in the Website, the Service or the Content, be it human or computer errors, will be corrected; 

(v) that the Website and the Service will be free from viruses or harmful components; and

(vi) that communications to or from the Website and the Service will be secure and/or not intercepted.

You acknowledge and agree that your access and use of the Website and the Service and the Content is entirely at your own risk and liability.

In no event shall Rachel McBryan R.D. , associated dietitians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website, the Service or the Content, or your inability to use the Website and the Service, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Rachel McBryan R.D.  knew of or ought to have known of the possibility of such damages.

Rachel McBryan R.D.  also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website and the Service, or any advertiser or sponsor of the Website or the Service (“third-party”). Under no circumstances shall Rachel McBryan R.D. , associated dietitians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from 

(i) the acts, omissions, or conduct of any third-party; and 

(ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website or the Service, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. 

The foregoing limitation shall apply even if Rachel McBryan R.D.  knew of or ought to have known of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Rachel McBryan R.D.  and its dietitians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Service, the Content or any Website to which the Website or the Service are is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website or the Service.

Rachel McBryan R.D.  authorizes you to access and use the Website and the Service for your personal noncommercial use in Canada in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website and the Service, and its contents, are intended only for residents of Canada.

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated.

You waive any and all claims against www.rachelmcbryanrd.com of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself www.rachelmcbryanrd.com. You understand that www.rachelmcbryanrd.com does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, www.rachelmcbryanrd.com and Content available through the Service may contain links to other websites, which are completely independent of www.rachelmcbryanrd.com. Www.rachelmcbryanrd.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will www.rachelmcbryanrd.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

Our Services may utilize or contain links to other third party sites, including social networking sites. We have no control over, and assume no responsibility for, such third party sites or the content, privacy policies, or practices of such sites. You are subject to the policies of such third parties when and where applicable.

You agree that you will not:

· use any robot, spider, scraper, crawler, or any other automated means to access our Services for any purpose without our express written permission;

· Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

· Copy, reproduce, aggregate, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any of our Services, any content posted on our websites (except for your content) or any of our copyrights or trademarks without prior express written permission from us and any appropriate third party, as applicable;

· Interfere or attempt to interfere with the proper working of our Services, or any activities conducted on or with our Services; or

· Bypass any measures we may use to prevent or restrict access to our sites (with the only exception for Internet Search Engines and Public Archives)

You agree that www.rachelmcbryanrd.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that www.rachelmcbryanrd.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release www.rachelmcbryanrd.com its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with "Ad Standards" to ensure compliance with the Canadian Code of Advertising Standards or the Competition Act on material connection disclosure; 

In Canada, the Competition Bureau is the primary government body responsible for enforcing laws about misleading marketing practices. An arm of the federal government, the Competition Bureau oversees the Competition Act with the goal of preventing fraud and eliminating deceptive marketing practices. 

Wise Eats is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

Wise Eats also afiliates with other business to provide services related to the business like meal planning or food delivery. 

The Content is protected by copyright law and is owned by Rachel McBryan R.D.  and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website and the Service or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Rachel McBryan R.D. .

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and nonexclusive licence to access, view, and use the Website, the Service and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website and the Service. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence shall govern.

Wise Eats and other pending trademarks of Rachel McBryan R.D., other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website and the Service may constitute registered or unregistered trademarks of Rachel McBryan R.D.  or third parties. While certain trademarks of third parties may be used by Rachel McBryan R.D.  under licence, the display of third-party trademarks on the Website and the Service should not be taken to imply any relationship or licence between Rachel McBryan R.D.  and Rachel McBryan R.D.  of the trademark or to imply that Rachel McBryan R.D.  endorses the wares, services, or business of Rachel McBryan R.D.  of the said trademark.

The Website and the Service contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by Rachel McBryan R.D.  of any third-party Website or the content thereof. Unless expressly stated, Rachel McBryan R.D.  does not operate any third-party Website linked to the Website and the Service and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, 

(i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; 

(ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or 

(iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.

While Rachel McBryan R.D.  encourages links to the Website and the Service, it does not wish to be linked to or from any third-party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation

(i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of Rachel McBryan R.D. ; or 

(ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. 

Rachel McBryan R.D.  reserves the right to prohibit or refuse to accept any link to the Website or the Service, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website or the Service upon the request of Rachel McBryan R.D.

To use certain features of the Website, you may be asked to create an account at https://practicebetter.io/owned by Green Patches Inc. When you register with the Service, you agree 

(i) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and 

(ii) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. 

If Rachel McBryan R.D.  has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rachel McBryan R.D.  has the right to suspend or terminate your access to all or part of the Service and the Website. Rachel McBryan R.D. ’s use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.

You are responsible for maintaining the confidentiality of the Password you use in association with your account and are responsible for all activities that occur under your User Name and Password. You agree to notify Rachel McBryan R.D.  immediately of any unauthorized use of your Password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Rachel McBryan R.D. will not be liable for any loss or damage arising from Rachel McBryan R.D. ’s failure or your failure to protect your Password or account information.

Any information sent or received over the Internet is generally not secure. Rachel McBryan R.D. cannot guarantee the security or confidentiality of any communication to or from the Website and the Service.

Rachel McBryan R.D.  reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website and the Service (or any part thereof ) with or without notice to you. Rachel McBryan R.D.  shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website and the Service or any part thereof.

Use of this Website and Service is unauthorized in any jurisdiction where the Website and the Service or any of the Content may violate any laws or regulations. You agree not to access or use in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

The Service is subscribed and the Website is operated by Rachel McBryan R.D.  from the companies offices within the province of British Columbia, Canada and she is registered by College of Dietitians of British Columbia, to practice dietetics to  any British Columbia resident and via virtual communications to any resident of Canada except Alberta and PEI. You agree that all matters relating to your access or use of the Website, the Service and it’s Content shall be governed by the laws of the province of British Columbia and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of British Columbia with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of British Columbia and of Canada.

Any consent by Rachel McBryan R.D.  to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Questions or comments regarding the Website should be directed by email to Rachel McBryan at info@wise-eats.ca. Any questions or comments regarding the Service owned by Green Patch Inc, called should be directed by email to help@practicebetter.io.

You agree to send all legal notices to us by registered mail to the following address:

Wise Eats c/o Rachel McBryan

Box 20200 RPO downtown

Courtenay, BC V9N0A7

You consent to us sending you legal notices to the email address you provide to us. Legal notices by email will be deemed received 24 hours after sending. We may also send you legal notices by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

Rachel McBryan R.D.  may, in its sole discretion, cancel or terminate your right to use the Service, Website, or any part of the Website or service, at any time without notice. In the event of termination, you are no longer authorized to access the Website, Service, or the part of the Website/Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the Service and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. Rachel McBryan R.D.  shall not be liable to any party for such termination.

This is the entire Agreement between you and Rachel McBryan R.D.  relating to your access and use of the Website and the Service.