Be the best Nutrition professional you can be.

These terms and conditions (“Terms and Conditions”) apply to the use of the Institute of Continuing Education for Nutrition Professionals (here on out referred to as “ICENP”; also doing business as NOVEDGO, LLC.) website located at http://www.icenp.org and all other websites of ICENP (including http://www.icenp.configio.com) or its publications or affiliates that link to these Terms and Conditions (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms and Conditions. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules, additional terms or disclaimers that may be posted and updated on the Site or on notices that are sent to you. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised version on the Site and update the “Last Updated” date to reflect the date of the changes.  By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified.  If you do not agree with these Terms and Conditions, please do not use the Site. We reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms and Conditions or who, in our sole judgement, infringes on the rights of others to use the Site. 

Disclosure Policy

It is the policy of ICENP to inform learners and participants, in advance, of any affiliations or financial interests that ICENP and/or its educational contributors/instructors have with or in the manufacturers or providers of commercial services or products that create, or may be perceived as creating, a conflict related to the information contained in any Content.  This policy is designed to enable learners to develop their own, educated judgment about CPE course material.  This disclosure policy is also designed to ensure that ICENP’s CPE opportunities, courses, and materials are free from commercial and financial influence/bias.  Rather collective and current scientific evidence forms the basis of ICENP’s CPE opportunities, courses, and materials which, ultimately, are designed to improve the practical knowledge and skills of nutrition professionals. 

Permitted and Prohibited Uses of Site Content

All content contained on or accessed from the Site (referred to here on out as “Content”), including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information, including but not limited to the layout, design, “appearance and feel” and arrangement of such Content, is owned by ICENP and is protected by copyright, trademark and other intellectual property and unfair competition laws.

You may not copy, display, distribute, modify, republish, reproduce, store, transmit, post, translate or create other derivative works from, exploit, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any manner or medium to anyone, except as otherwise expressly permitted under these Terms and Conditions or authorization by ICENP. You may print or download Content from the Site for your own personal, non-commercial use, on condition that you keep intact all copyright and other proprietary notices. For more information or to request permission to reproduce or distribute materials from the Site, please email at icenp@icenp.org.

You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without ICENP’s prior written permission.  You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without ICENP’s prior written permission.

Unless expressly authorized by ICENP, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any ICENP server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.

You may not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. ICENP may at any time exercise editorial control over the Content of the Site.

You may not, without the approval of ICENP, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example, but without limitation, you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.

When you submit or post any material on or via the Site, you grant ICENP and anyone authorized by ICENP, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or display/perform (publicly) such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The forgoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any relevant jurisdiction. Additionally, in connection with the exercise of these rights, you grant ICENP, and anyone authorized by ICENP, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as deemed appropriate by ICENP. The technical processing and transmission of the Site, including content submitted by you, may involve the use of various networks which may involve changes to the content to conform and adapt to technical requirements of these networks and connecting devices. You will not receive any compensation of any kind for the use of any materials submitted/posted to the Site by you.

ICENP does not claim ownership of any content, application or other material that you or third parties provide to us (including feedback, comments and suggestions) or post, upload, input or submit on or through the Site, including blog pages, message boards, and forums, for review by the general public, registered users of the Site or by the members of any public or private community ("Submissions") and we are not responsible for Submissions’ content, accuracy or compliance with relevant laws or regulations. ICENP is under no obligation to display or otherwise use any Submission you may provide, and ICENP may remove any Submission at any time in its sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.

ICENP shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. ICENP shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.

Disclaimers

Throughout the Site, links and directives to internet websites maintained by third parties are provided. For example, but without limitation, course materials may provide website resources and links. The linking to such third-party websites does not imply an endorsement or sponsorship of such websites, or the information, products, or services offered on or through the websites. ICENP nor ICENP’s respective affiliates operate or control, in any respect, any information, products, or services that third parties may provide on or through the Site or on websites linked to by ICENP on the Site.

NEITHER ICENP NOR ANY OTHER PARTY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE, WHICH ARE PROVIDED "AS IS". ALL WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOUR USE OF THE SITE AND ITS CONTENT, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

IN NO EVENT WILL ICENP OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE SITE, AND/OR ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, AND/OR THE CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE, EVEN IF ICENP OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ICENP’S OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE COURSE FEE PAID BY YOU FOR ANY CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE. ICENP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

The Site is provided for educational purposes only, and is not intended for trading or investing purposes, or for commercial use.

The instructors, contributors, and reviewers of ICENP have conscientiously and carefully tried to create information contained in the Content that conform to the standards of professional practice that existed at the time of publication. While ICENP, its instructors, contributors and reviewers make every effort to see that no inaccurate or misleading data, opinion, or statements appear in the Content, including, without limitation, courses, course materials, and continuing education programs, they wish to state that the data and opinions in the Content are the responsibility of the contributor/instructor concerned. Accordingly, the officers, employees, reviewers, advisors, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. Furthermore, standards and practices in nutrition, dietetics and healthcare change as new data become available and the individual professional should consult a variety of sources in making clinical decisions for individual patients and clients.

ICENP describes general strategies of application of evidence, nutrition assessment, intervention and counseling. The information provided in ICENP is no substitute for individual patient/client assessment based upon the professional’s examination of each patient/client and consideration of screening/assessment data and other factors unique to the patient/client.

Indemnification

You hereby agree to indemnify and hold ICENP, its directors, employees, board members, suppliers and licensors harmless from and against any and all claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising out of or in connection with your use of or inability to use the Site or any Content, products or services included in or accessible from the Site, violation of these Terms and Conditions by you or any other person using your account, or your violation of any rights of another. ICENP reserves the right to take over the exclusive defense of any claim for which ICENP is entitled to indemnification under this section. In such event, you agree to provide ICENP with such cooperation as is reasonably requested by ICENP. 

Online Access and Registration

You must provide and are solely responsible for all hardware and software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

To access certain features of our Site, you will need a username and password, which you will create through the Site’s registration process. ICENP reserves the right to terminate the use of any username or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms and Conditions or who, in the sole judgement of ICENP, interferes with the ability of others to use the Site. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password and account.  You agree to notify ICENP 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. ICENP cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

You agree that, ICENP may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice, at the sole discretion of ICENP. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that ICENP suspends or terminates your access to and/or use of the Site, you will continue to be bound by the Terms and Conditions that were in effect as of the date of your suspension or termination. 

E-Commerce

By using this Site, you agree to be financially responsible for all purchases made by you are someone acting on your behalf through the Site. You agree to use the Site, and to purchase services or products through the Site, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or the purpose of anticipating demand for a particular product or service.  You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. 

Refund Policy - All refunds will be credited to your ICENP account balance to be used toward other purchases within ICENP.  All requests for refunds must be made within 30 ​days of the date of purchase.  To request a refund, email icenp@icenp.org with the subject heading 'Requesting a Refund', your full name used in your account profile, the purchases to be refunded, the dollar amount to be refunded, and the reason for the refund.  Confirmation of the request will be sent to you via email response by ICENP.  After the refund has been issued, you will no longer have access to the products/courses for which the refund was processed. 

 
Notification of Infringement


Notifications regarding any alleged intellectual property infringement should be directed to ICENP by an email addressed to icenp@icenp.org with the subject heading “Alleged Intellectual Property Infringement”.

Links


The Site may contain links to third-party sites or resources. ICENP is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of ICENP. Because ICENP is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from those of ICENP. 

 You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by ICENP. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Site without prior written consent of ICENP. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without the express written consent of ICENP and/or the owner of the mark or right. 
 
Site Availability, Modifications, or Discontinuation

ICENP aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, ICENP shall not be liable for lost altered, or corrupted information or non-availability of the Site. ICENP reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any portion thereof. 

General

If any specification of the Terms and Conditions is determined to be invalid or unenforceable under any applicable law, it shall be omitted (or deemed so) and the remaining provisions shall continue in full force and effect. These Terms and Conditions may be modified only in writing authorized by ICENP. ICENP’s waiver of any right under these Terms and Conditions shall not constitute a waiver of that or any other right in the future. These Terms and Conditions shall be governed by and construed in accordance with the laws and in the state and federal courts of the Commonwealth of Virginia, USA. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in the Commonwealth of Virginia, USA.  Any claim arising out of or in connection with your use of or inability to use the Site or its Content, products or services must be brought within one (1) year after the event GIVING RISE TO SUCH CLAIM or such claim SHALL BE forever barred. This agreement is personal to you and you may not assign it to anyone. Accordingly, these Terms and Conditions may only be invoked or enforced by you or ICENP. These Terms and Conditions constitute the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.


Last updated 02/09/2017