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 First Coach Academy of Nutrition and Dietetics (FCA) may revise and update these Terms and Conditions at any time. Your continued usage of the FCA website will mean you accept those changes.
This site does not provide medical advice. The contents of eatrightjax.org website pages including content 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 nutritionist, 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. FCA 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 the eatrightjax website, including information posted by other visitors to the sites, is solely at your own risk.
Any special rules for the use of certain software and other items accessible on the FCA 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, FCA authorizes you to view or download a single copy of material on the FCA site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2020, First Coast Academy of Nutrition and Dietetics. 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 FCA or its licensors. All rights not expressly granted herein are reserved to the FCA 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 terminate without notice in the editorial discretion of the Academy.
The use of the FCA site and the Content is at your own risk. When using the eatrightjax website, information will be transmitted over a medium that may be beyond the control and jurisdiction of the FCA and its suppliers. Accordingly, the FCA 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 eatright websites.
The FCA Site and the content are provided on an "as is" basis. THE FIRST COAST 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 FCA, 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 eatrightjax website.
· The satisfaction of any government regulations requiring the approval or compliance of any software tools with regard to the Content contained on the FCA Sites.
In no event shall the FCA, its licensors, its suppliers, or any third parties mentioned on the FCA website 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 FCA Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the FCA, its licensors, its suppliers, or any third parties mentioned on the sites are advised of the possibility of such damages. If notwithstanding the above limitations, FCA is found liable for any damages, the FCA, its licensors, its suppliers, or any third parties mentioned on the Sites shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. The FCA, its licensors, its suppliers, or any third parties mentioned on the Sites are not liable for any personal injury, including death, caused by your use or misuse of the Sites, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Sites, any Content, or the Public Areas 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 Public Areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, 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 FCA 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 FCA by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to the FCA by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted the FCA 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 FCA 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 Public Areas or to the FCA by email. We try to answer every email in a timely manner but are not always able to do so.
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 eatright websites, 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 FCA 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 FCA 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 FCA 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 FCA 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.
If you use a Public Area, such as message boards, blogs, or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The FCA and its licensors are not responsible for the consequences of any communications in the Public Areas. 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 Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
· Using a Public Area 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 FCA in its sole discretion.
· Posting advertisements or solicitations of business.
· After receiving a warning, continuing to disrupt 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".
· Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Sites, or which, in the judgment of the FCA, exposes the FCA or any of its customers or suppliers to any liability or detriment of any type.
The FCA reserves the right (but is not obligated) to do any or all of the following:
· Record the dialogue in public areas and online events.
· 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.
· Terminate a user's access to any or all Public Areas and/or the FCA Sites upon any breach of these Terms and Conditions.
· Monitor, edit or disclose any communication in the Public Areas.
· Edit or delete any communication(s) posted on the FCA Site, regardless of whether such communication(s) violate these standards.
The FCA or its licensors have no liability or responsibility to users of the FCA Site or any other person or entity for performance or nonperformance of the aforementioned activities.
The FCA may provide links to third-party websites. The FCA does not recommend and does not endorse the content on any third-party websites. The FCA is not responsible for the content of linked third-party sites, sites framed within the FCA Sites, 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 websites is at your own risk and subject to the terms and conditions of use for such sites. The FCA does not endorse any product, service or treatment advertised on the FCA Sites.
We are committed to protecting the privacy of children. You should be aware that these Sites are 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.
If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from these websites by contacting the FCA 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.
By using these websites, you agree that the laws of the State of Florida will govern these Terms and Conditions, without regard to principles of conflict of laws and that any dispute between you and FCA will be resolved by binding arbitration conducted by the American Arbitration Association in Jacksonville Florida 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 FCA, 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 the website are welcome.
WHAT INFORMATION DOES THE ACADEMY COLLECT AND HOW IS IT USED?
Individuals under the Age of 13
We do not knowingly collect, solicit, or maintain personal information from anyone under the age of 13 or knowingly allow such persons to register for our services. If you are under 13, please do not send any personal information about yourself (such as your name, address, telephone number, or email address) to us. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will use commercially reasonable efforts to delete that information from our database.
Personal Data and/or Personally Identifiable Information (PII)
We collect your personal data or PII for various purposes, such as, but not limited to, corresponding with you, informing you about your account, security updates, and product information, processing your application, providing you with services, processing your order, providing you with a subscription and/or membership, or other legitimate purposes.
From FCA Members under any tier of membership offered, Academy of Nutrition & Dietetics Members, Florida Academy of Nutrition & Dietetics Members, CEU or Event Registrants, Newsletter Subscribers, and Other Customers
To gain access to members-only resources and personalization features on the FCA Website, members and other users are asked to voluntarily register and/or provide their member login, as well as provide some limited personal information. FCA asks members to provide their name, Academy of Nutrition & Dietetics membership number, address, phone number, and email. Similar information may be submitted to FCA through membership applications, CEU or event registration (live or recorded), newsletter subscriptions, and contest registrations. FCA uses this information to enhance its products and services, and distribution of those products to its members.
Information sent by email to FCA is used to process the request or inquiry in the email.
Our Website uses forms for users to request information, products, and services. We will collect visitor contact information (such as email address) and method of payment. Contact information from the form is used to process orders and to send information about FCA. User payment information is used to bill the user for membership, products, and services. This Website has a secure certificate issued by a certifying agency. The organization has verified the organizational name and that the FCA has the proof of right to use it. This Website legitimately runs under the auspices of the FCA. All information sent to this Website, if in an SSL session, is encrypted.
Credit Card Information
FCA collects credit card account information provided by our members and customers to process authorized payments.
Our online surveys ask respondents for contact information (such as email address) and demographic information (such as zip code, age). We also may use data from our surveys to send the user information about FCA.
Websites/Membership Registration Forms
Our online forms require users to give us contact information (such as name and email address), method of payment and demographic information. We use contact information from the forms to send the user information about FCA. The contact information is also used by FCA to contact the user from time to time. Information regarding method of payment is collected for member enrollment, registration, to process orders for products and services, and for other uses.
HOW DO WE USE YOUR INFORMATION?
In addition to the above information we use data that we collect about you, or that you provide to us, in the following manner or for the following purposes:
To process any applications, changes to your account information, or process payments from you (including, but not limited to, membership dues and subscriptions, registration fees, voluntary contributions, payments, refunds and reimbursements for any products or services that you choose to purchase from us).
To provide you with information on products or services that you request from us.
To provide you with services or process transactions that you have requested.
To communicate with you regarding information, features or offers that we believe will be of interest to you.
To respond to your questions or other requests.
To process other information or personal information that you submit through this Website.
To contact you regarding a contest or promotion in which you have participated.
To present our Website to you. And to notify you about changes to our Websites, our policies, terms or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Websites.
To provide access to restricted parts of our Websites.
To request your participation in surveys, focus groups, or other initiatives which help us to gather information used to develop and enhance our products and services.
To determine eligibility for membership, credentials, designations, or volunteer opportunities.
To evaluate your performance on continued learning courses and assist you in the tracking of your progress.
To enhance and improve our products and services, for example, by performing internal research, analyzing user trends and measuring demographics and interests.
Internal purposes, such as website and system administration or internal audits and reviews.
To comply with applicable law(s) (for example, to comply with a search warrant, subpoena or court order) or to carry out professional ethics/conduct investigations.
For analyzing how the service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
To operate, maintain, and provide to you the features and functionality of the service.
To provide statistics about the usage levels of the Websites and other related information to reputable third parties, but these statistics will not include information which will allow you to be identified.
HOW DO WE SHARE YOUR INFORMATION?
Disclosure of Your PII or personal data to Third Parties
Except as provided below, we do not share your information with non-affiliated third parties without your permission.
We may disclose information you provide via our Websites in connection with the sale, assignment, or other transfer of the association or a portion of the information of our Websites or any other part of our association, including a merger, consolidation, restructuring, sale of assets or other change of our direct or indirect parent companies that affects us.
Service Providers/Trusted Vendors: We also may disclose information to outside companies that help us bring you products and services. For example, we may work with an outside company to: (a) process credit card transactions; (b) manage a database of customer information; (c) assist us in distributing emails; (d) assist us with direct marketing and data collection; (e) provide us storage and analysis; (f) provide fraud prevention; and (g) other services designed to assist us in maximizing our potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements.
In addition, the FCA may use your PII or personal data or disclose this information to third parties to contact you about products or services we think may be of interest to you.
Any information you disclose on any electronic mailing list or other open forum hosted by the FCA may be collected by others and used, without authorization by the FCA, to send you unsolicited non-FCA information or for other purposes.
The FCA Website may contain links to other external websites that do not fall under the domain of our Website. FCA is not responsible for the privacy practices or the content of such external websites. FCA does not endorse the content, products or services on other websites.
Some users have reported that advertisements for products, such as diet pills, pop up on their computer screens when they log onto the FCA Website. The Academy has nothing to do with these pop-up ads and does not sanction or control them in any way.
These ads are triggered by software on the viewer's computer that may have been unwittingly installed as part of a free software package. The most common case is with music and file sharing software that is given away free to consumers. After installation, the software keeps track of the Websites the user logs onto and when the person goes to any site that is on a special list, an ad pops up. Advertisers pay for this and select the sites they want their ads to be associated with.
FCA does not authorize or approve of this practice.
We may post content on our Website that you have posted at ours or other websites, e.g., Google (“User Content”). You agree to and do hereby grant us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, and worldwide right to Use, modify, and perform any User Content we post to our Website. The term “Use” includes, but is not limited to, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly display, publicly perform, and make derivative works of the content.
These Websites have security measures in place designed to protect the loss, misuse and alteration of the information under our control.
Other Uses of Personal Information
FCA also uses PII, including information provided to us from trusted vendors, to continually assess and improve the products and services we offer. To serve you better, we may combine information that you give us on our Websites or via phone, email or mail with publicly available information and information we receive from or cross-reference with our marketing partners and others. We use that combined information to enhance and personalize your experience with us, to communicate with you about services and events that may be of interest to you, and for other informational purposes.
FCA does not rent out or otherwise provide PII to any third parties except contracted service providers who act on behalf of FCA.
NON-PII or Non-Personal Data
From General Users
As a general matter, Non-Personally Identifiable Information (non-PII) helps us determine how our Website is being used, helps us identify popular areas of the Website and helps determine the effectiveness of our promotional activities regarding the Website. FCA does not collect any directly personally identifiable information (PII) from users browsing our Websites. Only statistical data — such as the number of hits per page — is collected. This information is used only for internal and marketing purposes and does not include any PII.
Cookies and IP Addresses
"Cookies" are small pieces of information stored by your browser on your computer's hard drive. They provide greater security for Websites that provide personalized information. Cookies are commonly used by websites to provide identification. The cookie you accept is uniquely yours and can be read only by the server that gave it to you. Most Web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them.
A unique number called an IP address identifies every computer on the Internet. Each time you connect to the Internet your machine is assigned an IP address. An IP address is a number that identifies each sender or receiver of information that is sent in packets across the Internet.
You may also turn off cookies in your browser.
The time periods for which we retain your personal information depend on the purposes for which we use it. We will keep your personal information for as long as your account is active, or as long as you are a registered member or account holder or user of our services or for as long as we have another business purpose to do so and, thereafter, for no longer than is required or permitted by law, or our records retention policy, reasonably necessary for internal reporting and reconciliation purposes, or to provide you with feedback or information you might request. This period of retention is subject to our review and alteration. The information we collect may be stored and processed in servers in the United States and wherever we and our service providers have facilities around the globe.
ADDITIONAL INFORMATION FOR NON-US RESIDENTS
If you are located in the European Economic Area (“EEA”) or other regions with laws governing data collection and use that may differ from the laws in the United States, please note that we may transfer your information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. It may also process your information by staff operating outside the EEA who works for us or for one of service providers. If required by applicable law, we will seek your explicit consent to process your Personal Information collected on our Websites or volunteered by you.
You have the right to have your personal data erased. You have the right to request a copy of your personal data. You have the right to have your personal data we collect corrected. You have the right to object to certain types of processing of your personal data. You can opt-out of certain uses of your personal data. You may request access to your data by sending an email to FCA.
We are headquartered in the United States. As such, we and our service providers may transfer your personal information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it. If you are located in the European Economic Area (“EEA”) or Switzerland, we provide adequate protection for the transfer of personal information to countries outside of the EEA or Switzerland through a series of intercompany agreements based on the Standard Contractual Clauses. We may also need to transfer your information to other group companies or service providers in countries outside the EEA. This may happen if our servers or suppliers and service providers are based outside the EEA, or if you use our services and products while visiting countries outside this area.
If you are a resident of country other than the United States, you acknowledge and consent to our collecting, transmitting, and storing your personal information out of the country in which you reside.