By accessing, using the “Dine Aware” courses and related content (collectively, the ‘Websites’, each being a ‘Website) in anyway you understand and agree that you are bound by the Terms of Use & Conditions outlined in this section in its current or modified state (should the need arise to make necessary changes).

Acceptance of This Agreement:
Your use of the certification site and all other Websites by you the user and/or any party you may represent constitutes acceptance of this agreement without limitation or qualification. Moreover, you confirm that you have the legal authority to agree and accept this agreement on behalf of yourself and/or any party you may represent. If you do not accept and do not agree with the Terms & Conditions of this Agreement you may not use the Website.

Payment Terms:
All payment terms and conditions are defined during the registration process of the certification programs for Dine Aware™ and will be paid at that time. Certification fees are non-refundable.

Ownership:
All the Websites and certification content are the exclusive property of Dine Aware (with the exception of linked sites on the Websites) and are protected by International copyright, trademark and other applicable laws.
By submitting, posting, uploading or displaying user content (i.e. content provided by you) you grant Dine Aware royalty-free, perpetual, irrevocable, unrestricted, non-exclusive worldwide license to use, sublicense, collect, reproduce, store compile, download adapt, translate, modify, make derivative works from, transmit, publish, distribute publicly, perform or display user content for any purpose using any media or technology now known or later developed without providing compensation to you or anyone else, without any liability whatsoever and free from any obligation of confidence or other duties on the part Dine Aware.
In addition, you hereby agree that Dine Aware is not responsible for any loss, damage, or corruption that may occur to your User Content; and acknowledge and agree that any User Content you provide for display on the Websites will be considered non-confidential. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content submitted.

Trademarks:
The Dine Aware™ trademark logo and all associated designs and images are the exclusive property of Dine Aware. Use of the Dine Aware symbol is conferred only by express written consent by Dine Aware under the ‘Restrictions of Use’ outlined in the Awareness Commitment© agreement. Any other use without the express written consent of Dine Aware proprietary content and design is strictly prohibited.

Restrictions on Use of Content:
All content available on the Websites is copyrighted by Dine Aware, all rights reserved. The content is protected by Canadian and worldwide copyright laws and treaty provisions.
Dine Aware grants you (the user and any parties you may represent) to use and display on a computer or other electronic device content on the Dine Aware website based on the following conditions to which you agree:
1) Not use the websites for commercial activities without the express written condition of Dine Aware, including but not limited to advertising for sales, contests/sweepstakes.
2) Not to use the content of the website in any way that misrepresents or makes false claims both the content of the website and unwritten affiliation with Dine Aware.
3) Not to use the content of this website that infringes on the copyright and Trademark of all related content, symbols and logo that are the intellectual property of Dine Aware.

False Information
It is the obligation of all parties whether they are engaging in a Dine Aware Certification program or agreeing to the Awareness Commitment to provide truthful and accurate information at all times.
In the event that Dine Aware determines that false information has been supplied in the process of Dine Aware Certification, Dine Aware reserves the right to void without refund the certification and report notice of the revocation to your employer.
In the event that false information has been supplied in the adoption of the Awareness Commitment Dine Aware reserves the right to terminate the Awareness Commitment and revoke the ability to display the Dine Aware trademark, marketing, and/or otherwise affiliate the organization with Dine Aware brand in any way.
Dine Aware or its agents, affiliates, employees, officers, directors or contractors will not be held liable without limitation for any material or advertising costs, termination of employment, events, claims, actions, demands, penalties, fines, fees and/or any other costs or expenses resulting from revocation or termination due to false information being supplied.

Expectation Principle:
Dine Aware expects that staff members of an establishment will be honest when taking any of the certification programs. The participants agree that only she/he will review the course material and complete the associated testing to obtain certification. Further the participant agrees that they will not distribute and/or share the certification program content with other staff (either from the establishment where they are employed or any other establishment or employee) who will register to become certified.
Dine Aware assumes that establishments are properly representing the Dine Aware brand by implementing and maintaining the expectations of the Awareness Commitment at all times. Consumers are encouraged to share their experiences with Dine Aware Committed establishments (both positive and negative). In the event an establishment is negatively representing the Dine Aware brand and/or adhering to guidelines of the Awareness Commitment,
Dine Aware reserves the right to terminate the Awareness Commitment and revoke the ability to display the Dine Aware trademark, marketing, and/or otherwise affiliate your organization with Dine Aware brand in any way.
Dine Aware or its agents, affiliates, employees, officers, directors or contractors will not be held liable without limitation for any material or advertising costs, termination of employment, events, claims, actions, demands, penalties, fines, fees and/or any other costs or expenses resulting from revocation or termination due to a breach of the Expectation Principle.

Disclaimers:
The information on the Websites is for information purposes only. The information provided is, “as in” format and you are to use this information at your own risk. Hence, Dine Aware does not assume liability in any way for inaccurate, delayed or incomplete information and/or any action taken as a result of the information contained on the Websites.
It is your sole responsibility to take all protective measures to guard against viruses and other destructive elements.

You confirm that you have read, understand and agree to follow the Dine Aware Disclaimer


No Guarantees:
Dine Aware makes no guarantee that by dining at a Dine Aware Committed establishment the establishment and/or you the employee will fully understand food allergies or intolerances or dietary restrictions, be able to prevent a reaction, avoid cross-contact and/or be able to accommodate dietary restrictions.
Members of the public are solely responsible for their own health and choices and that of their dependants. Hence, the public is solely responsible to seek proper medical and/or professional advice and make informed decisions.

No Advice or Opinions:
The Websites, certification and logo are for training, reference and identification purposes only. The information found should not be considered legal, medical or professional/expert advice or opinion in any way.
Dine Aware does not make any claim that the content provided supersedes regulatory or legal requirements and/or the company’s own internal policies for the food and beverage industry and its employees. It is the sole obligation of the company and its employees to implement and follow all legal, regulatory, compliance and company policies.
The certificate issued by Dine Aware’s online training does not guarantee that a participant possesses a minimum level of skills and/or knowledge regarding the subject matter. It is the employer’s sole responsibility to assess the employee’s level of skill and/or knowledge to determine whether an employee is qualified to perform a specific job or function.

Limitations of Liability:
Neither Dine Aware nor its agents, affiliates, employees, officers, directors or contractors shall be liable to any other person or entity for any adverse reaction, loss, injury, death or direct, indirect, incidental, consequential, special, punitive or similar damages or any other damages of any nature whatsoever without limitation arising out of any materials (or any portion thereof) contained herein or by way of the online certification or adoption of the Awareness Commitment. By accessing the Dine Aware website you hereby waive any and all claims against Dine Aware its agents, affiliates, employees or contractors arising out of your use of the website, information, Awareness Commitment and/or Dine Aware Certifications.
Further , by registering for a Dine Aware certification both the participant and the participant’s employer agree that Dine Aware shall not be held liable for any type of adverse reaction, loss, injury, death, or damage that could be construed as arising from these programs. Dine Aware does not take any responsibility and will be held harmless for any inappropriate use or application of the information provided in the programs.
Dine Aware and its respective directors, officers, employees or agents will not be held liable and without limitation, for any event, claim, action, penalty, injuries, adverse effects, death, fines, fees, any other liability arising from or resulting from your use of the Websites or failure to follow the advice and direction of health care or other professionals, applicable laws, regulatory requirements, mandatory compliance and company policy.

Electronic Communications:
You agree that by accessing this website and sending emails you have agreed to communicate with Dine Aware electronically. In doing so, you agree to receive all relevant forms of communication from Dine Aware electronically to email address provided by you and/or parties you may represent.

Termination of Agreement:
Dine Aware at its sole discretion and without limitation or liability may prohibit your use and access of the Websites for any reason.

Contact Us:
If you have any questions or comments about the use of this Agreement and/or the Websites please contact us at [email protected]