Research
Resources
The creators of KOREN are not responsible for any injuries or harm resulting from users' actions based on the research from KOREN's referenced materials. Users must be 18 years of age to access the educational resources on KOREN's website.
TERMS AND CONDITIONS OF USE
Acceptance of the Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE. YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CREATE AN ENFORCEABLE LEGAL AGREEMENT AS WELL AS LEGAL OBLIGATIONS TO WHICH YOU ARE BOUND
These terms and conditions of use for KOREN constitute a legal agreement and are entered into by and between you and KOREN (“we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through Welcome to WEBSITE | Website (the “Website”).
BY USING WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT Welcome to WEBSITE | Website. INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. In case of a minor, parents or legal guardians, capable of legally forming a binding contract, must consent on the minor’s behalf.
Kinesiology Open Resource Educational Network (“WEBSITE”) is a non-share capital corporation under The Corporations Act (Manitoba).
Modifications to the Terms and Conditions and to Website
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications, and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas, may require user registration. It is a condition of your use of the Website that all the information you provide is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your provision of registration information and any submissions you make to the Website through any functionality such as software applications as Microsoft Word 365, Google Docs, professional emails, or a link to university Open-Access platforms, and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.
You are prohibited from attempting to circumvent and from violating the security of the Website, including, without limitation:
(a) accessing content and data that is not intended for you;
(b) attempting to breach or breaching the security and/or authentication measures which are not authorized;
(c) restricting, disrupting or disabling service to users, hosts, servers, or networks;
(d) illicitly reproducing TCP/IP packet header;
(e) disrupting network services and otherwise disrupting the Website’s owner’s ability to monitor the Website;
(f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and
(i) otherwise attempting to interfere with the proper working of the Website.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, to other areas or other persons (collectively, “User Submissions”) and any and all interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
- In any manner violate any applicable federal, provincial, local, or international law or regulation including without limitation, any laws regarding the export of data or software, patent, trademark, trade secrets, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
- In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory ,sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation, that are not authorized hereunder.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Submissions: Grant of Licence
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by us. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material into for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations.
You understand and agree that you, and not us nor our parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licenses, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
Site Monitoring and Enforcement, Suspension, and Termination
We have the right, without provision of notice to:
- Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions or the Privacy Policies or other policies.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD US HARMLESS ARE OUR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Reliance
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up to date. Your use of the Website is at your own risk, and neither we, our affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, has any responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither we, nor our affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, nor other providers of materials we have made available have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Privacy
By submitting your personal information and using the Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services.
By using the Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of Website may not function adequately.
Third-Party Websites
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Website may include social media features that enable you to link to or transmit content from this Website on your own or through certain third-party websites. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to the Website, provided you do so in a fair and legal manner and do not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The Website to which you are linking must comply in all respects with these Terms and Conditions. You agree to cooperate with us to cause any unauthorized framing or linking to immediately stop.
IN NO EVENT SHALL WE BE LIABLE TO OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF:
- WHETHER SUCH DAMAGES WERE FORESEEABLE;
- WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; and
- THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, Website layout, selection, and arrangement, are owned by us, our licensors, or other providers of such materials we have made available and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, our logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for its intended use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store, or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
(c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by this end user licence agreement for such downloads; and
(d) in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.
(e) the Website uses academic materials under the licensing of Creative Commons CC BY-NC 4.0 and CC BY-NC-ND 4.0, which are subject to non-commercial purposes only.
Users are not permitted to modify copies of any materials from the Website, nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy, or download any part of our Website or any materials provided as part of our Services in breach of these or any applicable Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, or provided as a result of our Services, and all rights not expressly granted are reserved by us. Any use of the Website or our Services not expressly granted are reserved by us. Any use of the Website or our Services not expressly permitted by these or other Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES ATTAINED THROUGH WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER WE NOR OUR AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, NOR OTHER PROVIDERS OF MATERIALS WE HAVE MADE AVAILABLE MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR OUR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, NOR OTHER PROVIDERS OF MATERIALS WE HAVE MADE AVAILABLE REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold us, our affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns, and other providers of materials we have made available harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE, OUR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, NOR OTHER PROVIDERS OF MATERIALS WE HAVE MADE AVAILABLE BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
THE PARTIES INVOLVED IN THE DESIGN AND DEVELOPMENT OF THE WEBSITE, (INCLUDING RESEARCHERS AND THE UNIVERSITY KINESIOLOGY DEPARTMENTS THEY REPRESENT) ASSUME NO RESPONSIBILITY FOR POTENTIAL RISKS THAT MAY CAUSE PERSONAL INJURY OR HARM, ARISING FROM BEHAVIORS OF RECIPIENTS BASED ON UNFORESEEN RISKS ASSOCIATED WITH RECEIVING INFORMATION DERIVED FROM THE WEBSITE’S REFERENCED MATERIAL. THE PRESENTATION OF RESEARCH SHOULD NOT BE CONFUSED WITH A FORM OF RECOMMENDATION, OR TO INTERPRET INFORMATION THAT WOULD OTHERWISE NEGATIVELY IMPACT THE SAFETY, HEALTH, AND WELL-BEING OF STUDENTS.
RESEARCHERS, KINESIOLOGY FACULTY, AND THE WEBSITE (KOREN) ACCEPT NO RESPONSIBILITY AND ASSUME NO LIABILITY WITH RESPECT TO DECISIONS MADE BY RECIPIENTS UTILIZING RESEARCH ON THE WEBSITE (KOREN) THAT COULD POSE RISKS TO THE USERS’ HEALTH AND WELLBEING. THE RISK MANAGEMENT WAIVER ABSOLVES THE LIKELIHOOD OF UNFORESEEN OCCURRENCES THAT MAY LEAD TO LAWSUITS, INJURY, OR DAMAGES (BOTH PHYSICAL OR PSYCHOLOGICAL) THAT COULD BE CAUSED BY THE USERS’ NEGLIGENT USE OF INFORMATION.
Entire Agreement
These online Terms and Conditions, our Privacy Policy, any Agreement entered through this Website or otherwise, and any other terms and conditions or policies published through the Website or provided separately by us, constitute the sole and entire agreement between you and us regarding the Website and Services, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Additional terms and conditions may be applicable to parts or features of the Website, the Services, as published through the Website, or agreed to between you and us through a separate Agreement and are hereby incorporated by reference into these Terms and Conditions.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Geographic Restrictions
The owner of the Website is based in Manitoba in Canada. You are responsible for ensuring that your use of this Website complies with all the applicable laws and regulations in your jurisdiction. This Website is not intended for use in any jurisdiction where its use would be unlawful, and access from such jurisdiction is prohibited.
Governing Law and Choice of Forum
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Manitoba or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Manitoba and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Reporting and Contact
The Website it operated by Lynette Williams and Verda Design, carrying on under the name of KOREN.
Should you become aware of misuse of the Website including libelous or infringing misconduct, it is appreciated that you report it to lynwilliams@koren.ca.
All other feedback, comments, requests for technical support, and other communications relating to KOREN should be directed to lynwilliams@koren.ca.
Last updated May 2026.
KOREN – RELEASE OF LIABILITY AND INDEMNITY WAIVER AGREEMENT
KOREN is an open-access repository that hosts a collection of resources provided by students (or, in the case of minors, their parents or guardians as the case may be), universities, professors, researchers, or other contributors (“Contributors”) to support the professional development of educators and other users (“Users”). In addition to supplying educational materials to end-users, the OER (Open Educational Resources) Lesson Plan feature allows for remixing, adaptation, and creation of content, or the submission of research, in accordance with the Submission Policy and Content page.
The OER Lesson Plans provide educators with suggestions and ideas for class activities to engage end-users on topics within the Areas of Research. They are not formal teaching resources and must not be relied upon as approved curriculum materials.
All Users and Contributors must click the checkbox at the end to indicate that they have read, understood, and agree to the following terms. By doing so, each Users freely, voluntarily, and without duress or undue influence, agrees to the terms below and acknowledges that these terms constitute valid consideration for access to and use of the OER Lesson Plans:
ACKNOWLEDGEMENT
- I ACKNOWLEDGE AND AGREE that all materials on KOREN, including OER Lesson Plans, are licensed for non-commercial use only under Creative Commons licenses (CC-BY-NC or CC-BY-NC-ND). I AGREE not to sell or use any material or derivative work for commercial gain, and the materials may be reproduced solely for educational and professional development purposes.
- I ACKNOWLEDGE AND AGREE that the OER Lesson Plans are not teaching and learning resources and must not be relied upon as approved instructional material. They are intended only to provide ideas, examples, and opportunities for gaining deeper knowledge within Kinesiology-related fields.
- I ACKNOWLEDGE AND AGREE to act ethically and professionally, and to cite or reference the lesson plans when adopting examples of KOREN’s best practices in pedagogical design.
- I ACKNOWLEDGE that the OER Lesson Plans are suggestions only, that outcomes may vary, and that the use or adaptation of any plan cannot serve as the basis for evaluating its credibility or quality in a way that damages the reputation of KOREN, Contributors, or any related parties.
- I ACKNOWLEDGE that differing views on the design or development of OER Lesson Plans may arise, and I HEREBY AGREE not to disparage KOREN or any of the KOREN Parties.
ASSUMPTION OF ALL RISKS:
- I ACKNOWLEDGE AND AGREE that KOREN and the Contributors (including researchers and the University Kinesiology Departments they represent) involved in the design and development of KOREN assume no responsibility for potential risks arising from the use of the OER Lesson Plans, including personal injury or harm, and unforeseen risks associated with receiving information derived from KOREN’s referenced materials. The submitted research resources have led to the design of OER Lesson Plans developed through synthesizing, disseminating, remixing, adapting, or building on existing knowledge.
- I ACKNOWLEDGE AND AGREE that KOREN is not a provincially approved or Accredited Teaching and Learning resource. Users are encouraged to align the curation of lesson plans based on KOREN’s educational resources with the Provincial Physical Education Curriculum.
- I ACKNOWLEDGE AND AGREE that any User who incorporates OER Lesson Plans into classroom instruction assumes any and all risk, including those associated with knowledge-to-action activities, implementation, interpretation, or adaptation of the lesson plans.
CONTRIBUTOR PROTECTION
- I ACKNOWLEDGE AND AGREE that Contributors who submit or develop OER Lesson Plans under KOREN are likewise released and protected from liability for downstream use of their submitted materials, which are published under KOREN’s licensing framework.
INDEMNIFICATION
- I ACKNOWLEDGE AND AGREE that I will, on my own behalf and on behalf of any end-user for whom I provide instruction, indemnify and hold harmless KOREN, Contributors, our affiliates, and all related directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns, and other providers of materials (collectively, the “KOREN Parties”) from any and all claims, liabilities, harm, losses, damages, judgements, or expenses, including legal fees related to the use of the OER Lesson Plans as a professional development resources.
RELEASE AND WAIVER
- I, as the User (“Releasor”), AGREE not to take legal action or claim financial compensation from KOREN or any of the KOREN Parties (“Releasees”) and accept that Releasees cannot be held responsible for any claims aforementioned in the TERMS AND CONDITIONS OF USE.
- The Releasor HEREBY FULLY AND FOREVER release, discharges, and holds harmless the Releasees from any and all liability, claims, and demands, actions, or cause of action arising from or relating to the implementation of use of OER Lesson Plans, except where prohibited by law.
GENERAL PROVISIONS
- This Agreement constitutes the entire agreement between KOREN and the participant with respect to the subject matter contained herein and supersedes all prior understandings, both written and oral.
- If any terms or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, it shall be modified to the extent necessary to become enforceable, without affecting the remaining terms and provisions.
- This Agreement is binding on and ensures to the benefit of the KOREN Parties and the Users and their respective successors, assigns, heirs, executors, administrators, and legal representatives.
- This Agreement shall be governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein. Any dispute arising from this Agreement shall fall under the exclusive jurisdiction of the Manitoba Courts.
I agree to the Terms and Conditions of Use and understand the Release of Liability and Indemnity Waiver Agreement outlined in KOREN.