Terms and Conditions
Important: This is a legal agreement between you (referenced herein as “you”, “user”, “we” or “your”) and ParticipACTION (referenced herein as “ParticipACTION”, “us” or “our”) that applies to use of our website, participaction.com and any other website of ParticipACTION (the “Sites”), all apps of ParticipACTION (the “Apps”), all social media accounts of ParticipACTION (the “Social Media”), e-communications, and all programs, challenges and services provided by ParticipACTION (collectively all of the foregoing, including Sites, Apps, Social Media, e-communications, programs, challenges and services, being the “Services”). ParticipACTION includes any current or future parents, subsidiaries, successor and assigns, as well as any current or future corporations, business entities, trusts, commonly-owned corporations, as well as any other entity owning, owned by, controlling, controlled by or under common control or ownership of an entity (whether legally, beneficially, by agreement or through stock ownership or other equity interest, directly or indirectly) and their permitted successors and assigns.
YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT (the “Terms”) AS THEY GOVERN YOUR USE OF THE SERVICES AND ITS FUNCTIONALITY AND SUBMISSIONS (as defined in section 6 of these Terms). IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SERVICES AND ARE INSTRUCTED TO EXIT THE SERVICES IMMEDIATELY.
You agree that it is solely your responsibility to ensure that your access to and use of the Services and “Submissions” (as defined below in Section 6 of these Terms) comply with the laws of your jurisdiction. We make no representation that any Submissions or Services are appropriate or available for use outside Canada.
We reserve the right at any time and from time-to-time to replace, modify, edit and update these Terms and any of our policies. You should review these Terms and all policies regularly to make sure that you are aware of any changes. Your access to use of the Services on and after the date on which we post the revised terms constitutes your acceptance of the Terms as revised as well as of any revised policies.
You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Services, including all related expenses, if any.
These Terms provide to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the Services conditioned on your continued compliance with these Terms, all other ParticipACTION requirements for the Services, and all applicable laws and regulations. You may print a single print copy or make a single screen shot of the materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. From time-to-time ParticipACTION may alter, amend, reduce or eliminate any Services or elements thereof, at its sole discretion.
No Medical Advice
The information and materials available for any and all of the Services are provided for consumer information and educational purposes only, and are not intended to provide specific advice, including any health or legal advice. You should always consult with a doctor regarding your own personal health circumstances and that of any child under your care, and before undertaking any exercise program including any activities described in the Services. You should never disregard, avoid or delay obtaining advice from your doctor or other health care provider for you or any child under your care because of any content of the Services. If you have or suspect that you have a medical problem or condition, or if you experience pain or any injury while using the Services, you should contact a qualified health care professional. In the case of an emergency, you should call for emergency medical help immediately. The Services do not provide any medical advice nor are they approved for any other health application by any regulator, including Health Canada or the Therapeutic Products Directorate under the Food and Drug Regulations, the Medical Devices Regulations or the Food and Drugs Act.
The Services are for informational purposes only. It is your responsibility to evaluate your own medical and physical condition, and to independently determine whether to perform, use or adapt any of the information or content available on or provided via the Services. Any exercise program may result in injury. By voluntarily undertaking any exercise displayed on or provided via the Services, you assume the risk of any resulting injury or damages of any kind. If you have or suspect that you have a medical problem or condition you should contact a qualified health care professional. In the case of an emergency, you should call for emergency medical help immediately.
THE SERVICES ARE NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE AND SHOULD NOT BE RELIED UPON IN ANY SUCH REGARD. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL REGARDING ANY HEALTH RELATED CONTENT IN THE SERVICES. THE INFORMATION IN THE SERVICES DO NOT CREATE ANY HEALTHCARE PROVIDER/PATIENT RELATIONSHIP BETWEEN YOU AND PARTICIPACTION. NO ADVICE OR INFORMATION OF ANY KIND, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SUBMISSIONS OR THE SERVICES SHALL CREATE ANY WARRANTY.
Except as expressly provided in the Terms, ParticipACTION does not grant any other express or implied right to you or any other person. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, reverse engineer, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Services in any manner not expressly permitted herein. Moreover, you shall not, nor shall you permit any third party or person to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by ParticipACTION for use of the Services or Submissions.
You represent that you are either at least the age indicated as required for specific Services, or the legal age of majority (in your province, territory, or locality of residence) for all other Services, and will, at all times, provide true, accurate, current, and complete information (for which you have all necessary rights, permission(s), or authority) when submitting information through the Services. In addition, you access the Services of your own volition and are responsible for compliance with all applicable laws, rules, and regulations with respect to your use of the Services (including use of any permitted copies of the website materials and information).
If you access the Services on behalf of any other person, corporation or other entity (“Third Parties”), such Third Parties shall be bound to these Terms and liable for any breach by you. You represent that you have all rights, power, and authority to agree to these Terms on behalf of any Third Parties.
Should you enter a ParticipACTION contest, either individually or as a member of a team, by accessing and/or using the Services, you also acknowledge that you have read, understand and agree to comply with the Mobile App Rewards Program Rules and the current Challenge Mobile App Rewards Program Rules.
ParticipACTION may permit you to provide certain information, proposals, or materials to ParticipACTION through the Services (each, a “Submission”). You agree you will not upload, post, display, or transmit any Submissions if any part of such Submissions, or the act of making the Submissions, would be considered: (i) defamatory, abusive, or otherwise unlawful in any way; or (ii) to diminish, infringe, misappropriate or violate any intellectual property or other property or proprietary rights of ParticipACTION or any person or entity. ParticipACTION is not responsible for screening, policing, editing, or monitoring any Submissions by you or other users and encourages all users to use reasonable discretion and caution in evaluating or reviewing any Submissions. Nevertheless, if you violate these Terms, ParticipACTION may, in its sole discretion, take whatever action is necessary to protect ParticipACTION’s legal or equitable rights, or to otherwise enforce these Terms. Moreover, it is a policy of ParticipACTION to take appropriate actions under applicable intellectual property laws. If you become aware of Submissions that violate the rules set out in this Section 6 regarding behavior or content, you are encouraged to contact ParticipACTION.
Permission to Use Submissions
You agree not to do any of the following:
- Download, copy, or re-transmit any or all of the Services except as permitted under a written license or other agreement with ParticipACTION;
- Use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services including their ability to engage in real time activities through the Services;
- Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Services for any purpose including monitoring or copying any of the material on the Services;
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without the prior written consent of ParticipACTION;
- Use any device, software or routine that interferes with the proper working of the web/Internet;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the Services are hosted;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
- Attempt to interfere with the proper working of the Services, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Services;
- Use the Services to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any user of the Services with that person’s knowledge or consent;
- Distribute the content of the Services for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media, or through any commercial network, cable or satellite system;
- Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise the Services;
- Post any content or Submissions, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, is threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person’s privacy or personal information, identify or make it easy to identify any person’s present or future location, that contain language that is otherwise deemed offensive by ParticipACTION, or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam”;
- Use the Services in any manner that promotes and/or enables illegal or unlawful activities;
- Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of ParticipACTION or its licensors or allow any third-party to access the Services;
- Use the Services other than for its intended purpose, or in any manner not expressly permitted by these Terms;
- Remove any copyright, trademark, or other proprietary rights notice from the Services;
- Create a database by downloading and saving content from the Services,
- Delete or revise any content on the Services;
- Transmit, disclose, collect or store personal information about others; or
- Attempt to defeat any security measures that we take to protect the Services.
Such unauthorized use is a material breach of these terms, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
ParticipACTION will not be responsible for any damages you or any third-party may suffer as a result of the provision, transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize ParticipACTION to make, or for any errors or any changes made to any submitted, transmitted, stored or received information. You are solely responsible for the retrieval and use of the content of the Services. You should apply your own judgment in making any use of any content, including, without limitation, the use of the information as the basis for any conclusions.
PARTICIPACTION ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THE SERVICES. THE CONTENT ON THE SERVICES MAY BE CHANGED WITHOUT NOTICE TO YOU. PARTICIPACTION IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. PARTICIPACTION DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SERVICES. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
Confidentiality & Security
THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THE SERVICES OR ON THE INTERNET, OR SUBMISSIONS TO THE SERVICES OR THROUGH THE INTERNET WILL BE MAINTAINED AS CONFIDENTIAL AND SECURE. THE USE OF THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK AND PARTICIPACTION ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO CONTENT, OR TO YOUR USE OF THE SERVICES, OR TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF SUBMISSIONS, YOUR INFORMATION OR PERSONAL INFORMATION.
You agree at all times to indemnify, defend and hold harmless ParticipACTION, its agents, suppliers, affiliates, third parties engaged by ParticipACTION and their respective parent companies, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by ParticipACTION directly or indirectly in respect of: (i) any information, Submissions, or any other content you provide on or through the Services or send to ParticipACTION by any means, or any activities you engage in through the Services in any capacity; (ii) any intellectual property infringement, breach of these Terms, or other breach of any representation and warranty by you; (iii) any third party claims whatsoever, including but not limited to any intellectual property infringement claims, other infringement of rights claims, or privacy or personal information claims, that relate to any information, Submissions or any other content you provide on or through the Services, or any activity or omission relating to the Services or Submissions by you; or (iv) your use or misuse of the Submissions or any other content, or the Services.
If you believe that any content on the Services infringes your copyright, you may request that it be removed. This request must bear a signature of the copyright owner and must comply with the following, or with the requirements of applicable law in the relevant jurisdiction: (a) identify the allegedly infringing content; (b) indicate where on the Services the infringing content is located; (c) provide your name and contact information; (d) state that you have a good faith belief that the content is infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner. Our contact for copyright issues relating to the Services are: firstname.lastname@example.org
Compliance with Investigations
ParticipACTION will cooperate with any investigation by any federal, provincial or municipal authority or any court or tribunal exercising its jurisdiction. Such cooperation may occur without any notice being provided to you.
Representations and Warranties
With respect to the Submissions, you acknowledge and agree that you are solely responsible for rights clearance, consents and accuracy thereof, and you hereby represent and warrant that you own all rights, title, and interest in and to the Submissions or have the full right, power and authority to grant the rights granted herein, free and clear of any claims, liens, encumbrances, or violations of any other agreement. You also represent and warrant that you are not aware of any investigation, claim, or litigation involving the Submissions; the Submissions do not violate or infringe the rights of any other party (or person) or the laws or regulations of any government or judicial authority; and the Submissions are accurate to the best of your knowledge. You also represent that you have taken all necessary action to enter into, execute, and perform under these Terms both on your behalf and on behalf of any organization pursuant to which you use the Services or provide any Submissions.
Use of the Services may require that you register and set-up an account in order to access and use such Services (a “Service account”). You may be granted access to processing and development tools and other Services when you utilize your account login. You hereby agree to comply with all of these Terms and any additional conditions imposed at the time when you set-up an account and as may be imposed from time to time for any services and tools, whether in a live or test environment, that are accessible and useable through your Services account, and to comply with all applicable laws in relating thereto. Each registration is for a single user only, unless otherwise expressly agreed upon by ParticipACTION. Registration for access to and use of the Services may also require access credentials, such as a user-name and a password, or adherence to other particular access requirements as designated by ParticipACTION in its sole discretion from time to time. For clarity, all information provided for a Service account and registration is deemed to be Submissions for the purpose of these Terms. You hereby agree to consider your access credentials, such as a user-name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of ParticipACTION, which may be withheld in its sole discretion. You shall immediately notify ParticipACTION if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user-name and password. ParticipACTION will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these or any other obligations under these Terms.
All rights, titles, and interests in and to the Services are owned by ParticipACTION. The Services, and elements thereof are protected by copyright law and other intellectual property laws. These Terms provide to you only a limited license to access and use the Services as described in Section 1 above. Accordingly, you expressly acknowledge and agree that ParticipACTION transfers no ownership or intellectual property right, title, or interest in and to the Services to you or anyone else.
PARTICIPACTION DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND PARTICIPACTION HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES. MOREOVER, PARTICIPACTION EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY PROVIDED CONTENT, MATERIALS, LINKS, WEBSITES, NETWORKS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SERVICES, AND YOU AGREE THAT PARTICIPACTION SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A THIRD PARTY.
Limitation of Liability
PARTICIPACTION SHALL NOT BE RESPONSIBLE FOR ANY CLAIM, HARM OR LOSS RESULTING FROM A CAUSE BEYOND PARTICIPACTION’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARTICIPACTION BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR FOR ANY INFORMATION, WEBSITE, NETWORK, PRODUCT, SERVICES, OR MATERIALS AVAILABLE THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PARTICIPACTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF PARTICIPACTION FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF TEN DOLLARS (CDN$10.00) AND THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES DURING THE LAST TWELVE (12) MONTHS.
These Terms have been made in and will be construed and enforced solely in accordance with the laws of the Province of Ontario, Canada. Any dispute will be resolved by arbitration, with the losing party to pay all costs and fees. Such arbitration shall be conducted by a single arbitrator appointed by ParticipACTION and held in Toronto, Ontario.
Enforcing Security on the Services
ParticipACTION reserves the right to view, monitor, and record your activity on the Services without prior notice to or permission from you. Any information obtained by monitoring, reviewing, or recording may be provided to: (i) law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Services; (ii) government agencies as required for any disclosures required by or under applicable law; and (iii) other parties as required for ParticipACTION to comply with any court or regulatory orders or subpoenas involving requests for such information.
You acknowledge that any breach, whether threatened or actual, of these Terms, including, without limitation, with respect to unauthorized use of ParticipACTION confidential information, intellectual property, proprietary rights, or assets, will cause irreparable injury to ParticipACTION, such injury would not be quantifiable in monetary damages, and ParticipACTION would not have an adequate remedy at law. You therefore agree that ParticipACTION shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that ParticipACTION post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ParticipACTION to enforce any provision of these Terms.
Term & Termination
These Terms will take effect (or re-take effect) at the moment you begin downloading, accessing, or using the Services, whichever is earliest. ParticipACTION reserves the right at any time and on any grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to or to suspend the Services or Submissions, or to any portion thereof in order to protect its name and goodwill, its business, and/or others, and these Terms will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified herein. Termination will be effective without prior notice and may impact (and prohibit) submission of any information. You may also terminate these Terms at any time by ceasing to use the Services, but all applicable provisions of these Terms will survive termination, as identified below, and each re-access or use of the Services will reapply these Terms (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Services in your possession. The provisions concerning ParticipACTION’s intellectual property ownership, proprietary rights, Submissions, disclaimers of warranty, indemnities, representations and warranties, payments, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of these Terms for any reason, as will any other provision that by its nature survives termination.
Waiver & Severability
Failure to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by ParticipACTION of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act Ontario as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against ParticipACTION related to the Services, the Services content, the ParticipACTION services or products, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against ParticipACTION, its agents, or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English.
The division of these Terms into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms. In these Terms, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
These Terms shall inure to the benefit of and be binding upon ParticipACTION and you and your respective successors and permitted assigns. You acknowledge having read these Terms before accepting it and having the authority to accept these Terms.
If you have any questions about the Services or these Terms, please contact ParticipACTION at the following email address: email@example.com
© ParticipACTION, 2022 .