Terms and Conditions of the Website

www.flemingcollegetoronto.ca and study.flemingcollegetoronto.ca are websites operated by Trebas Institute Ontario Inc. and located at 124 Eglinton Ave West (3^rd and 4^th floors) Toronto, Ontario, M4R 2G8, Canada.

1. Acceptance
   
   These website terms and conditions for www.flemingcollegetoronto.ca and study.flemingcollegetoronto.ca (the “websites”), constitute a legal agreement and are entered into by and between you and Trebas Institute Ontario Inc. (“Company”, “we”, “us”, “our”). The following terms and conditions (“terms”) govern your access to and use, including any content, functionality and services offered on or through the websites.
   
   By using our websites, you accept and agree to be bound and comply with these terms (including our privacy policy, incorporated herein by reference).
   
   If you do not agree to these terms, you must not access or use our websites.
   
   By using these websites, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the websites.
   
   We recommend that you print a copy of these terms for future reference.

2. Amendments
   
   We reserve the right to amend these terms from time to time. Any and all such amendments are effective immediately upon posting and apply to all access to and continued use of the websites. You agree to periodically review the terms and conditions in order to be aware of any such amendments and your continued use shall be your acceptance of these.
   
   We do not guarantee that our websites, or any content on any of them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our websites for business and operational reasons, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the websites is restricted to users or unavailable at any time or for any period.

3. Accessing Our Websites, Accounts & Security
   
   Access to the websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our websites without notice (see below). From time to time, we may restrict access to some parts of our websites, or our entire websites, to users who have registered with us.
   
   As a condition of your access and use, you agree that you may use the websites only for lawful purposes and in accordance with these terms.
   
   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.
   
   If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party, since the safety and security of your information also depends on you. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use (or for any or no reason, in our sole discretion). It is also a condition of your use of the websites that all the information you provide on the websites is correct, current and complete.
   
   You are responsible for making all arrangements necessary for you to have access to our websites. You are also responsible for ensuring that all persons who access our websites through your Internet connection are aware of these terms, and that they comply with them.
   
   You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to these websites or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
   
   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 websites. 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 websites.
   
   You are prohibited from attempting to circumvent and from violating the security of these websites, 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 websites’ owner's ability to monitor the website; (f) using any robot, spider, or other automatic device, process, or means to access the websites 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 websites 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 websites. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them to the extent authorized under applicable law. In the event of such a breach, your right to use our websites will cease immediately.

4. Privacy Policy
   
   By submitting your personal information and using our websites, 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 websites and provision of services.
   
   By using these websites, 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 the websites may not function adequately. For more information on this automated information gathering practices, see our cookie policy.

5. Intellectual Property Rights and Ownership
   
   You understand and agree that the websites and their entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
   
   The Company name, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on these websites 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 websites for your personal and non-commercial 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 websites, in any form or medium whatsoever except:

• your computer and browser may temporarily store, or cache copies of materials being accessed and viewed;
• 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;
• 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 our end user license agreement for such downloads (if applicable); and
• in the event social media platforms are linked to certain content on our websites, you may take such actions as our websites and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from these websites nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from these websites. You must not access or use for any commercial purposes any part of the websites or any services or materials available through the websites.

If you print off, copy or download any part of our websites in breach of these terms, your right to use the websites 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 websites or to any content on the websites, and all rights not expressly granted are reserved by the Company. Any use of the websites not expressly permitted by these terms is a breach of these terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

To inquire about obtaining permission to use trademarks, please send a request to freedomofinformation@flemingcollege.ca.

6. Website Monitoring and Enforcement, Suspension and Termination
   
   Company has the right, without provision of notice to:

• 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 the websites. 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 websites.
• Terminate or suspend your access to all or part of the websites for any or no reason, including, without limitation, any violation of these terms.
  
  When a breach of these terms has occurred, we may take such actions as we deem appropriate. Failure to comply with privacy policy constitutes a material breach of the terms of use.
  
  On termination, you must cease use of these websites and destroy all material obtained from these websites, and all related documentation and all copies of documentation, whether made under these terms or otherwise, or take any additional or alternative reasonable steps that the Company may direct in respect of the termination of the use, or both.
  
  You waive and hold harmless the company and Sir Sanford Fleming College of Applied Arts and Technology and their respective parents, subsidiaries, affiliates (as applicable), and each of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the company and/or any of the foregoing parties relating to any, investigations by any of the company and/or such parties or by law enforcement authorities.
  
  We have no obligation, nor any responsibility to any party to monitor the websites or their use, and do not and cannot undertake to review material that you or other users submit to the websites. 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 law.

7. No Reliance
   
   The content on our websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites. We make every effort to ensure that our websites are kept up to date. In doing so, we go to great lengths to ensure the accuracy of the information posted. However, it must be noted that there may be instances where information is not as current as it could possibly be, and that from time-to-time changes will be made to the websites and the policies and information included on the websites.
   
   As a result, we make no representations, warranties, or guarantees, whether express or implied, that the content on our websites is accurate, complete, or up to date. Your use of the websites is at your own risk and neither the Company, Sir Sanford Fleming College of Applied Arts and Technology nor any of their respective parents, subsidiaries, affiliates (as applicable) and each of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has any responsibility or liability whatsoever for your use of these websites.
   
   These websites 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company, Sir Sanford Fleming College of Applied Arts and Technology nor any of its parent, subsidiaries, affiliates (as applicable) and each of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

8. Third-Party Websites
   
   Where our websites contain links to other websites and resources provided by third parties, these links are provided for your information only. We make no representations about any other websites that may be accessed from these websites, nor does the Company have any control over the contents of those websites or resources, therefore the Company accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access any such websites, you do so at your own risk.
   
   We do not endorse, authorize, approve, certify, maintain, or control these external internet addresses and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at these addresses. Our institution is not responsible for the privacy practices of these websites. We encourage users to review the privacy policies of any linked websites before navigating any website or disclosing personal information online.

9. Geographic Restrictions
   
   The owner of the websites is based in Canada. These websites are not intended for use in any jurisdiction where its use is not permitted. If you access the websites from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

10. Disclaimer of Warranties
    
    You understand and agree that your use of the websites, their content, and any services or items found or attained through the websites is at your own risk. These websites, their content and any services or items found or attained through these websites are provided on an "as is" and “as available” basis, without warranties or conditions of any kind either expressed or implied, including but not limited to implied warranties or conditions of merchantability and fitness for a particular purpose, non-infringement, or other violation of rights. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
    
    Neither the company, Sir Sanford Fleming College of Applied Arts and Technology, nor their respective parents, subsidiaries, affiliates (as applicable) or each of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors, make any warranty, representation or endorsement regarding the use, accuracy, completeness, timeliness, applicability, performance, security, availability or reliability of the websites, their contents, or any services or items found or attained through the websites, or any websites linked to these websites.
    
    Without limiting the foregoing, neither the company, Sir Sanford Fleming College of Applied Arts and Technology, nor their respective parents, subsidiaries, affiliates (as applicable) or each of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that the websites, their content, or any services or items found or attained through the websites will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our websites 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 websites will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the websites and your computer, internet, and data security. To the fullest extent provided by law, neither the company nor Sir Sanford Fleming College of Applied Arts and Technology will 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 websites or any services or items found or attained through the websites or to your downloading of any material posted on it, or on any website linked to it.

11. Limitation of liability
    
    Except where prohibited by law, under no circumstances will the company, Sir Sanford Fleming College of Applied Arts and Technology or, their respective parents, subsidiaries, affiliates (as applicable), and/or any of their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, 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 or 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 websites, 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.

12. Indemnification
    
    To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, Sir Sanford Fleming College of Applied Arts and Technology and their respective parents, subsidiaries, affiliates (as applicable) and each of their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns 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 or your use of the websites, including, but not limited to, third-party websites, any use of the websites’ content, services, and products other than as expressly authorized in these terms.

13. Governing Law and Choice of Forum
    
    The websites and these terms will be governed by and construed in accordance with the laws of the Province of Ontario 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 Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
    
    Any action or proceeding arising out of or relating to these websites and under these terms will be instituted in the courts of the Province of Ontario 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.

14. Waiver
    
    No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these terms operates, or may be construed, as a waiver thereof. 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.

15. Severability
    
    If any term or provision of these terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

16. Entire Agreement
    
    The terms (including our privacy policy) constitute the sole and entire agreement between you and the Company regarding the websites and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

17. Reporting and Contact
    
    These websites are operated by Trebas Institute Ontario Inc.
    
    All notices of copyright infringement claims should be sent to Privacy Officer at privacy@flemingcollegetoronto.ca.
    
    Should you become aware of misuse of the websites including libelous or defamatory conduct, you must report it to the Company at privacy@flemingcollegetoronto.ca.
    
    All other feedback, comments, requests for technical support, and other communications relating to the websites should be directed to privacy@flemingcollegetoronto.ca.