Terms and Conditions of Use of our Site
By using our web site 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 web site.
© The Ontario Physical and Health Education Association. All Rights Reserved.
The Ontario Physical and Health Education Association owns all rights in and to this web site, including the web site design and all content used on the web site, except where identified as owned by third parties. OPHEA.net is a trade mark of The Ontario Physical and Health Education Association.
Permitted Uses For Our Web Site
You are permitted to use the web site only for personal, informational, non-commercial and lawful purposes. Therefore, you may not copy, reproduce, republish or transmit in any way materials from this web site without our prior written consent.
General Information On Our Web Site
We use reasonable efforts to include only accurate and up-to-date information on our web site, 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 web site 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 web site or for any damages of any kind related to the use or misuse of information provided on our web site.
Any opinion expressed in any article on our web site 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 Web Site
The programs posted by ophea and its partners on this web site 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 web site. 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 web site information, any participation in or affiliation with any listed program or the unsuitability of any program for any child. This web site 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 web site.
Furthermore, any links offered on our web site are solely for the interest and convenience of users. We do not review or endorse any organizations or web sites that are linked to from our web site and we take no responsibility and assume no liability for the accuracy of the content on any of the linked web sites nor its use or misuse by you. Use of these links is totally at your own risk.
Making Submissions To Our Web Site
By submitting any of your own information, stories or photographs, etc., to our web site, 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 web site.
We reserve the right to edit, modify, remove from the web site 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 web site, 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 web site.
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 web site, 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.
We do not verify or endorse any information provided in the Forums. Further, any opinion expressed in any posting to those forums is solely that of its author and is not in any way condoned or endorsed by us.
We reserve the right to, without notice, monitor the content on the Forums and to edit, remove or refuse to post content which we, in our sole discretion, determine to be harmful, offensive, or otherwise in violation of our mission goal. In order to maintain an informative and valuable service that meets the needs of our users, we have established the following rules:
- You may not post or submit any message which is defamatory or which discloses private or personal matters concerning any person except yourself.
- You may not post or submit anything that would violate the property rights of others, including copyrighted text or images.
- You may not post or submit any message which is harmful, threatening, abusive or hateful. We reserve the right to take such action as we deem appropriate in cases where our web site is used to disseminate statements which are offensive and/or harmful.
- You may not submit any charity requests, petitions for signatures, advertising or promotional material or any other solicitation of other users of the web site for goods or services.
- You may not use the web site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
Disclaimer And Limitation Of Liability
The materials on this web site 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 web site will operate uninterrupted or error free, that defects will be corrected or that this web site 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 web site 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 web site or any materials contained thereon, even if we or our representatives have been advised of the possibility of such damages.
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.