Terms of Use

By using our website you are agreeing to be bound by the following terms and conditions. If you do not agree with any of these terms, do not use this website.

Our Rights

© The Ontario Physical and Health Education Association. All Rights Reserved.

The Ontario Physical and Health Education Association owns all rights in and to this website, including the website design and all content used on the website, except where identified as owned by third parties.

Permitted Uses For Our Website

You are permitted to use the website only for personal, informational, non-commercial and lawful purposes. Therefore, you may not copy, reproduce, republish or transmit in any way materials from this website without our prior written consent.

General Information On Our Website

We use reasonable efforts to include only accurate and up-to-date information on our website, but we make no warranties or representations as to the content's completeness, timeliness, accuracy or fitness for a particular purpose. The content on this website is provided "AS IS", is for informational purposes only and should not be relied on for any purpose. We assume no liability or responsibility for any errors or omissions in the content on this website or for any damages of any kind related to the use or misuse of information provided on our website.

Any opinion expressed in any article on our website is solely that of its author and is not in any way endorsed by us. Further, though our site may contain materials related to health and physical activity, it is not intended to be a substitute for the advice, diagnosis or treatment of a qualified health professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding medical condition or physical fitness.

Programs And Links Posted On Our Website

The programs posted by ophea and its partners on this website are solely for the interest and convenience of our users. The information provided to us is assumed to be accurate and legitimate. We do not therefore investigate, review, endorse or make any representation about the accuracy of any information, or the legitimacy or suitability of any program, that may be listed on our website. Under no circumstances, including, but not limited to, negligence, are we liable to you or anyone else for any injury, loss or damage suffered, directly or indirectly, as a result of any inaccuracy in website information, any participation in or affiliation with any listed program or the unsuitability of any program for any child. This website is not a substitute for the careful investigation and evaluation by the individual of a program's merit and legitimacy. Users must exercise normal care and caution before becoming involved in any program listed on our website.

Furthermore, any links offered on our website are solely for the interest and convenience of users. We do not review or endorse any organizations or websites that are linked to from our website and we take no responsibility and assume no liability for the accuracy of the content on any of the linked websites nor its use or misuse by you. Use of these links is totally at your own risk.

Making Submissions To Our Website

By submitting any of your own information, stories or photographs, etc., to our website, you grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, display, reproduce and modify in any manner whatsoever submission (in whole or part) anywhere as we see fit. You also waive any moral rights you may have in your submission.

Further, by making your submission to us, you warrant that the information and material you submit are true and accurate, relate only to lawful activity, do not infringe or violate any third party’s rights, including copyrights or trade mark rights, nor will they be defamatory, false, misleading or in any manner harmful to any person or otherwise unlawful if posted on our website.

We reserve the right to edit, modify, remove from the website or not post any material we find inappropriate for any reason whatsoever, without notice to any person.

Although we take great care in posting information on our website, technical, typographic and/or photographic errors may occur in our posting of your submission. Although we request that you notify us of any such errors, we are not responsible or liable under any circumstances for any loss or damage caused by such errors.

By submitting information to us, you are agreeing that you and your organization will indemnify and hold harmless The Ontario Physical and Health Education Association and its affiliates, officers, directors, employees, consultants and agents from any claim or demand, including reasonable attorneys' fees, made by any person due to or arising directly or indirectly in any manner from your submission to our website.

By submitting information to us, you waive all confidentiality in the submitted information and you acknowledge that we have no obligation to keep any of the submitted information confidential for any purpose. You also acknowledge that we can use the information in any manner we see fit, including publishing the information on our website, and elsewhere without compensation to you. You are prohibited from submitting any confidential information to us and we will not be responsible for any damages to you or any third party suffered as the result of any unauthorized transmission of confidential information that you may make to or through us or for any errors or any changes made to such transmitted information.

Disclaimer And Limitation Of Liability

The materials on this website are provided “as is” and without warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the website will operate uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials on this website in terms of accuracy, reliability or fitness for any particular purpose. You assume the entire cost of all necessary servicing, repair or correction.

Under no circumstances, including, but not limited to, negligence, shall we be liable for any damages, direct or indirect, special or consequential, that result from the use of, misuse of, or the inability to use our website or any materials contained thereon, even if we or our representatives have been advised of the possibility of such damages.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, without giving effect to any principles of conflicts of law. In the event that any of these terms are found to be unenforceable or invalid by a court of competent jurisdiction, such invalid or unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of any other term or condition herein.

These terms are in effect until terminated by either party.  Any amendments or changes to these terms of use may be made by us from time to time, by posting the changes on the website. You should review these terms of use on a periodic basis as it will be deemed that you have reviewed the changes and agreed to them. We reserve the right to terminate your use of this website immediately in the event you fail to comply with any term or condition in this agreement or infringe any of our intellectual property rights in the website.

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