Website Terms of Use

THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES.  YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE.

We provide this website and its services to you subject to the following terms and conditions which may be changed by us from time to time without notice to you. 

PARTIES

This agreement is between you and the Physical Activity Line, a service provided by the Canadian Society for Exercise Physiology: Health and Fitness Program of BC and funded by the Public Health Agency of Canada. 

DISCLAIMER

This website and all information, data, images, artwork, text, video, audio, pictures and other materials contained on this website, and the website design, content and arrangement (collectively, the “Information”) are provided "AS IS". 

We make no representations or warranties of any kind, express or implied, as to the operation of this website, its services, or the Information.   While reasonable efforts have been made to ensure the Information is accurate and reliable when it was posted on this site, the Information may not be accurate, complete or current.  You use the Information at your own risk and you should not rely on the Information in situations where that reliance might result in any loss or damage to persons or property.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR GUARANTEES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE, THE Information AND OUR PRODUCTS AND SERVICES.

LIMITATION OF LIABILITY

We (AND OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND REPRESENTATIVES) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR INABILITY TO USE) THIS WEBSITE, THE Information OR OUR PRODUCTS OR SERVICES, INCLUDING ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR PERSONAL INFORMATION BEING TRANSMITTED BETWEEN YOU AND US, EVEN IF ANY OF THE FOREGOING ARE FORESEEABLE OR WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR DAMAGES IS MADE.

COPYRIGHT

The Information is protected by copyright laws.  You must not copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the Information without our prior written approval.  However, you may download one copy of the Information for your personal, non-commercial viewing only, provided that you do not remove or alter any trade-mark, copyright or other proprietary notice. 

If you believe that any material on our website infringes anyone’s copyright, please notify us at info@physicalactivityline.com.  Be sure to describe the copyrighted work that you claim has been infringed, and a description of where the alleged infringing material is located.

TRADE-MARKS

All trade-marks and trade names appearing on this website are owned by us or our licensors.  You may not use any such trade-marks without the express written permission of the trade-mark owner.

PRIVACY

Our privacy policy is available here  PAL Privacy Policy.

COMMUNICATION USING THE WEBSITE

This website may contain bulletin board services, chat areas, news groups, forums and other communications facilities designed to allow you to communicate with others.  You may not use these features or this website to communicate anything defamatory, threatening, hateful, harassing, abusive, unlawful, vulgar, obscene, harmful or potentially harmful, or invasive of anyone's privacy.  We do not generally monitor and filter the content posted within these communications facilities;  however, we may review and delete any materials without cause, notice or explanation. 

You hereby grant us the non-exclusive, world-wide, irrevocable right and license to use, copy, reproduce, republish, post, transmit, display, perform, distribute, modify and create derivative works from any comments, suggestions, feedback, material or information you post or otherwise provide to this website or to us (“Your Postings”).  You waive in favour of us and our successors and assigns all moral rights you may have in Your Postings.

You hereby represent and warrant that you have all necessary rights in and to each of Your Postings and that Your Postings, when displayed on this website or otherwise used by us, will not infringe any proprietary or other rights of any third party.  YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, COSTS, DAMAGES, EXPENSES AND LIABILITIES (INCLUDING ACTUAL LEGAL FEES) ARISING FROM OR OUT OF OR AS A RESULT OF OR RELATING IN ANY MANNER WHATSOEVER TO ANY MATERIAL BREACH OF THE ABOVE REPRESENTATIONS AND WARRANTIES. 

OUR PRODUCTS AND SERVICES

This website may describe products, programs and services that are not available or are prohibited in some jurisdictions.  These descriptions do not imply that we intend to make those products, programs or services available in every jurisdiction, or that those products, programs and services may be used lawfully in your jurisdiction.

The sale or provision to you of our products and services are subject to additional terms and conditions, which we will provide to you upon request.

LINKING

The sites that are linked from this website are not under our control.  We do not assume any responsibility or liability for any communications or materials available at those linked sites.  All links are provided for your convenience only; they do not represent an endorsement or referral by us and you access linked sites at your own risk.

If you wish to provide a link to this website from your website, you may only link to our home page.  You must not use any of our icons on your website, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated to your website.

JURISDICTION

The laws in force in the province of British Columbia, Canada, will govern these Website Terms  of Use and any claims you make against us or our officers, directors, shareholders, employees and representatives regarding this website, the Information or our products or services.  Any such claims will be filed only in the courts located in the province of British Columbia.  You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such actions.

GENERAL

We may amend these Website Terms of Use at any time.  Accordingly, you should periodically re-visit this page to review the then-current Website Terms of Use governing your use of this website.  Certain portions of these Website Terms of Use may be superseded by terms of other contracts between you and us.  If any part of these Website Terms of Use is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining disclaimers, terms and conditions.  We reserve the right at any time to change or discontinue any feature of the website or begin charging for access to the website.

These Website Terms of Use were last updated on 20 March 2009.