Terms of Use

General

The text, images, digital media, and other information (“Web Content”) contained on this website is provided only for informational purposes.  Although FESTI (“FESTI”) endeavours to keep this website current, it does not warrant the accuracy or completeness of the Web Content. This website may contain technical inaccuracies or typographical errors. FESTI may change or update this website without notice.

If FESTI provides hyperlinks to other websites, FESTI is not liable for the content or information contained on the hyperlinked websites.

Licence

In addition to the Web Content, this website contains certain names, words, phrases, domain names, logos, graphics or designs that are the property of and may constitute trade names or trade-marks of FESTI, its related companies or its licensors ("Trade-marks"). Unless you have signed an agreement with FESTI you are not granted a licence of any kind to the Web Content or Trade-marks. Re-transmission or other copying or modification of the Web Content or Trade-marks may be a violation of federal or common laws, for which you could be liable. The Web Content and Trade-marks on this website are protected under the copyright and trade-mark laws of Canada.

Prohibited Actions

This website may include functionality that allows you to upload and transfer content (whether created by you or a third party), generate and distribute e-mail, create blog entries and perform other activities.

To ensure the protection of other FESTI users, you shall only use this website for lawful purposes. In your use of this website, you acknowledge and agree that you are strictly prohibited from taking the any or all of actions set out below (collectively, "Prohibited Actions"):

• Loading, transmitting, distributing, or storing material or information in violation of any applicable law or regulation;

• Loading, transmitting, distributing, or storing material or information protected by copyright, trade-mark, trade secret or other intellectual property right used without proper authorization;

• Loading, transmitting, distributing, or storing material or information that is obscene, defamatory, constitutes an illegal threat, or violates export control laws;

• Monitoring data or traffic on any network or system without express prior written authorization from FESTI interfering with service to any user, host or network including, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

• Forging any FESTI packet header or any part of the header information in an e-mail;

• Sending unsolicited mail messages;

• Distributing spam, chain letters, or pyramid schemes;

• Taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

• Accessing or using data, systems or networks to attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior written authorization from FESTI;

• Facilitating any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any user's information or our infrastructure; and

• Taking any action that may cause FESTI to lose any of the services from our internet service providers or other suppliers.

If you commit a Prohibited Action, FESTI may pursue legal action to stop or minimize the impact of your Prohibited Action, and you waive your defences against any action by FESTI to stop or limit a Prohibited Action.

Disclaimer and Limitation of Liability

FESTI shall not be liable to for any loss of money, goodwill, or reputation, direct, indirect, incidental, special or other consequential damages for your use of this website, or for other links found on this website, including loss of profits, interruption of business, loss of programs or other data on your computer system, even if FESTI is advised of the possibility of these damages. The Web Content is provided on a "as is" basis. All warranties, terms and conditions are disclaimed, including the implied warranties and conditions of merchantability or fitness for a particular purpose.

You indemnify FESTI, its officers, directors, agents, subsidiaries, and employees, from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms of Use, including claims arising as a result of your Prohibited Action.

Governing Law and Jurisdiction

This website (excluding non-FESTI websites) is controlled by FESTI from servers located in Ontario. By accessing this website, you agree that all claims relating to your use of, or access to, this website, shall be governed by the laws of the Province of Ontario, without regard to its conflicts of law principals. You also agree and submit voluntarily to the exclusive jurisdiction and venue of the courts of the Province of Ontario.

Learning Materials/Testing Materials

The Building Blocks for Success™ program prepared and provided by FESTI through Test Ready Pro is subject to the following Conditions of Use. It should be noted that FESTI may enhance or revise any of the Conditions of Use at any time, without notice. For a current version of the Conditions of Use, always refer to the link on the membership page of our web site.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, FESTI programs are made available for personal INDIVIDUAL USE ONLY and non-commercial use. As such, the program structure and content may not be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed or amended in any way.

Physical Fitness

Before embarking on any fitness program, or following advice available FESTI web site, it is recommended that you have a physical examination and consult with your doctor regarding any concerns. Recommendations and/or instructions provided by FESTI are no way intended to take the place of or be interpreted as medical advice and are provided for informational purposes only. 

FESTI and their respective agents, heirs, assigns, contractors, and employees shall not be liable for any claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to the use of any of the information contained in this Website, including any injuries resulting there from. FESTI offers no warranties or representations regarding the advice, instructions, email advice or any other information contained in this web site.

Endorsements 

From time to time FESTI receives endorsements and testimonials from emergency services recruiters or candidates who have used our programs.

Terms of Use

Permission to Use

FESTI course book/workbook/ course material (Course) that you (“you”, “your”) wish to purchase shall only be used in accordance with the terms specified below (“Terms”). FESTI grants to you the right to use the Course solely for your personal and individual use. You are not permitted to share, distribute copy, transmit, reproduce, publish, amend, transmit to others, or use the Course for commercial purposes. Failure to abide by these conditions is a breach of these Terms and FESTI may avail itself of any legal remedy to enforce these Terms, including seeking damages for copyright infringement.

However, while every effort is made by to ensure that the Course contains accurate information, FESTI makes no representation about the content and suitability of the Course for any purpose. The Course is provided “as is” without warranty or conditions of any kind, express or implied. FESTI’s liability to you for damages, costs, losses or expenses relating to the Course is limited to the amount paid by you for the Course. Under no circumstances shall FESTI be liable for indirect, consequential, special or incidental damages, including loss of revenue, profits or data, even if FESTI is advised of the possibility of these damages.

Once a course has commenced no refunds will be paid and the payment is final.

These Terms are governed by the laws of the Province of Ontario, without regard to its conflict of laws principles. Legal action shall be filed in the courts of the Province of Ontario. The United Nations Commission on International Trade Law Conventions on Contracts for the International Sales of Goods and Related Transactions is specifically excluded from these Terms.

These Terms are written in the English language at the express request of both parties. La présente convention est rédigée en anglais à la demande expresse des parties.

of UseThese Terms contain the entire understanding between you and FESTI with respect to your use of the Course. All prior agreements, representations, inducements and negotiations, and any and all existing contracts previously executed between you and FESTI with respect to the Course are superseded. If these Terms conflict with any other agreement, these Terms shall supersede the other agreement.

FESTI reserves the right to alter, amend or delete any program, fee, course, admission requirement, mode of delivery or other arrangement without prior notice.