Terms of Use and Privacy Policy

Terms of Use

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.

Our Rights

© 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.

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.

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 web site. 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 web site 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 web site.

Privacy Policy

Our privacy policy is simple: we will collect no personal information about you when you visit our website except that which you choose to provide to us. Here is how we handle information about your visit to our website:

Information Collected and Stored Automatically

Our web server collects and saves only the routine information customarily logged by World-Wide Web server software. This information is analyzed and used only to improve our website and our service to you. We do not use the information for any commercial purpose other than the official business of The Ontario Physical and Health Education Association. 

Data Collection and Cookies

Ophea utilizes Google Analytics to improve the website experience for our users. Google Analytics uses cookies to report on visitor (aka. user) interactions on Ophea.net. Users may disable cookies or delete any individual cookie in their browser settings. Learn more about cookies

Google Analytics also collects Internet Protocol (IP) addresses to provide and protect the security of the service, and to give Ophea a sense of which country, state, or city in the world our users come from. Users “may apply IP masking so that Google Analytics uses only a portion of an IP address collected, rather than the entire address. In addition, [users] can override IPs at will using [Google’s] IP Override feature." Learn more about IP Override.  

By accessing the site, you consent to the aforementioned data collection and cookie usage by Google Analytics.

Electronic Mail

Email submitted to us is saved in accordance with our internal policy and guidelines. If you choose to provide us with personal information in email, we use that information to respond to your message and to help us get you the information you have requested. We do not collect personal information for any purpose other than to respond to you. Email addresses are also saved and added to our list server to provide periodic automatic updates and messages about what's going on at www.ophea.net. If you do not wish to receive these messages, you may unsubscribe at any time.

Submitted Information

All submissions to this site are made for the express purpose of publication on the site. You therefore waive all confidentiality in all information submitted and you acknowledge that we have no obligation to keep any of the submitted information confidential for any purpose. Submitted information may also be used in our other official publications. We do not, however, use the submitted information for any commercial purpose other than the official business of The Ontario Physical and Health Education Association.

You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address) in an unsecure transmission anywhere on the Internet, including a submission to our website, that information can be collected and used by others and may result in unsolicited messages from third parties.

Our Responsibility Under PIPEDA 

Ophea’s Privacy policy is governed by the Personal Information Protection and Electronics Documents Act (“PIPEDA”).  

Ophea may also collect information through surveys, events, registrations and other methods outside our website collections.

Personal information will only be collected by Ophea for the purposes described in our Privacy Policy. Our policy adheres to the ten fair information principles when accessing, collecting and using personal information provided to us. We do not use the information for any commercial purposes other than the official business of Ophea. 

If you have any questions or concerns, please submit your inquiries to: pipeda@ophea.org.