Forte Terms of Use

Last updated: July 26, 2022

 

These Terms of Use constitute a legally binding agreement between you and LessonHome, Inc. d/b/a Forte (“LessonHome”,) governing your use of the Forte Platform. LessonHome’s website (https://studio.fortelessons.com/) and related services, information and communications are collectively referred to as the “Forte Platform.”

 

  1. We collect your information for use with setting up your online studio, connecting you to your students or teacher, as well as emails from us that you are free to opt-out of. We never share this information outside of Forte.
  2. We use industry-leading security on all of our servers to ensure that the lessons you are holding are private and the data you have trusted with us remains safe.
  3. Child safety is a founding principle of Forte. We must maintain the ability to record lessons at all times to ensure the safety of all users on our platform. This is a requirement by law in some states and countries when minors are using video conferencing software. We also record lessons when directed to do so by a teacher, parent, student, or law enforcement, or for troubleshooting purposes.
  4. We need permission to use the materials and intellectual property that you upload to Forte so that we can use it to create your studio and help you share it with your students. We will never use your materials and intellectual property for our own purposes without your explicit consent.

 

The use of all personal data you submit or otherwise make available to the Forte Platform or which we collect about you is governed by our Privacy Policy(“Privacy Policy”). You acknowledge that by using the Forte Platform you have reviewed and agree to the Privacy Policy.

 

Your consent at registration and continued use of the Forte Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use, the Privacy Policy, and any future amendments and additions to these Terms of Use as we may publish from time to time. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must deactivate your account, and immediately stop using, the Forte Platform.

 

To the extent that you are a parent signing up to use the Forte Platform on behalf of your minor Student, you represent and warrant that (a) you are the parent or legal guardian of the minor Student, (b) you have the legal right, power, and authority to consent to these Terms of Use on behalf of the minor and myself, and (c) you are at least 18 years of age. You have read, and you understand, these entire Terms of Use. By agreeing to these Terms of Use, you hereby consent to and approve in all respects the terms and conditions of these Terms of Use, agree to enter into these Terms of Use on the minor Student’s behalf, and agree that both the minor and you shall be bound by all of its terms and conditions. You understand that this consent and approval is not revocable and you agree to defend, indemnify, and hold harmless LessonHome from and against all claims and losses by third parties resulting from your or the minor’s breach or alleged breach of these Terms of Use or any of the representations and warranties contained herein.

 

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE FORTE PLATFORM.

 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

1. The Forte Platform Connects Teachers and Students

The Forte Platform is a web-based communications platform which enables connections between Students and Teachers. “ students” are individuals seeking to obtain music lessons (“ Lessons”) from Teachers and are therefore students of Teachers, and “ Teachers” are businesses or individuals seeking to provide music Lessons to Students. Students and Teachers together are hereinafter referred to as “ Users.” If you agree on the terms of a Lesson with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

 

TEACHERS ARE INDEPENDENT CONTRACTORS OF STUDENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF LESSONHOME. LESSONHOME DOES NOT PERFORM LESSONS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM LESSONS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, LESSONHOME OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS STUDENTS WITH SERVICE PROVIDERS (TEACHERS) WHO WISH TO PERFORM A VARIETY OF MUSIC LESSONS.

 

USERS HEREBY ACKNOWLEDGE THAT LESSONHOME DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A TEACHER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE LESSONS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

 

The Forte Platform enables connections between Users for the fulfillment of Lessons. LessonHome is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Lessons, Teachers, or Students, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. LessonHome makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Lessons requested or services provided by, or the communications of or between, Users identified through the Forte Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

 

Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Forte Platform for your personal, noncommercial use only and as permitted by the features of the Forte Platform. Company reserves all rights not expressly granted herein in the Forte Platform and the LessonHome Material (as defined below). LessonHome may terminate this license at any time for any reason or no reason.

 

2. User Background Checks and User Representations and Warranties

     (a). Teacher Background Checks

 

Users may be subject to a review process before they can register for and during their use of the Forte Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although LessonHome may perform Background Checks, LessonHome cannot confirm that each User is who they claim to be, and LessonHome cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

 

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. LessonHome will not be liable for any false or misleading statements made by Users of the Forte Platform.

 

NEITHER LESSONHOME, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE FORTE PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LESSONHOME AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FORTE PLATFORM.

  
   (b). User Representations and Warranties

 

All Users represent and warrant that:

  • You have read, understand, and agree to be bound by these Terms of Use and the Privacy Policy;
  • You will respect the privacy (including private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Lesson or any interaction by or with any User and/or LessonHome in connection with the Forte Platform without the prior written consent of LessonHome and/or the relevant User, as applicable;
  • You will fulfill the commitments you make to other Users, be present and/or available at the time you agree upon with your Teacher or Student as the case may be;
  • You will act professionally and responsibly in your interactions with other Users;
  • Any photo used on your profile will be up-to-date;
  • When using or accessing the Forte Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
  • Other than as fully and promptly disclosed in writing to LessonHome, you do not have any motivation, status, or interest that LessonHome may reasonably wish to know about in connection with the Forte Platform, including, if you are using or will or intend to use the Forte Platform for any journalistic, academic, investigative, or unlawful purpose.

 

Teachers additionally represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
  • You have the unrestricted right to work in the jurisdiction in which you will be performing Lessons;
  • If the Lesson is provided in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
  • You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Lessons (including a state contractor’s license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Lesson you are performing);
  • You have any and all insurance required to operate your business and provide your services;
  • You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Lesson(s) as agreed upon with your Student; and providing timely, high-quality services to your Students;
  • You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

 

3. Contract between Students and Teachers

You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Lesson. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Forte Platform, and any other contractual terms accepted by both the Teacher and their Student to the extent such terms do not conflict with the terms in these Terms of Use, including this Section 3, and do not expand LessonHome’s obligations or restrict LessonHome’s rights under these Terms of Use. LessonHome is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between LessonHome and the Teacher, nor will it create an employment relationship between the Student and the Teacher. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of LessonHome.

 

The Student shall pay their Teacher(s)’ school directly in full for all Lessons at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and these Terms of Use during the engagement, performance, and completion of a Lesson.

 

4. Changes to these Terms of Use and the Forte Platform

LessonHome reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of these Terms of Use (including the Terms of Use and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Forte Platform or any content or information through the Forte Platform at any time, effective with or without prior notice and without any liability to LessonHome. LessonHome will endeavor to notify you of material changes to these Terms of Use by email, but will not be liable for any failure to do so. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must deactivate your account, and immediately stop using, the Forte Platform. Your continued use of the Forte Platform following any revision to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction. LessonHome may also impose limits on certain features or restrict your access to part or all of the Forte Platform without notice or liability.

 

5. Public Forums; Acceptable Use

The Forte Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Lesson postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Forums”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Forte Platform, you should not share your personal contact information with other Users.

 

Without limitation, the Forte Platform may not be used for any of the following purposes:

  • To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and LessonHome staff;
  • To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material, or information;
  • To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or LessonHome;
  • To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage LessonHome or its Users’ computers;
  • To advertise or offer to sell any goods or services for any commercial purpose through the Forte Platform which are not relevant to the Lessons;
  • To conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;

 

While using the Forte Platform, you may not:

  • Use the Forte Platform for any unauthorized or illegal purpose, including posting or performing a Lesson in violation of local, state, provincial, national, or international law;
  • Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
  • Restrict or inhibit any other User from using and enjoying the Public Forums;
  • Imply or state that any statements you make (whether on or off the Forte Platform) are endorsed by LessonHome, without the prior written consent of LessonHome;
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Forte Platform, or the electronic addresses or personal information of others, in any manner;
  • Frame or utilize framing techniques to enclose the Forte Platform or any portion thereof;
  • Hack or interfere with the Forte Platform, its servers, or any connected networks;
  • Adapt, alter, license, sublicense or translate the Forte Platform for your own personal or commercial use;
  • Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by LessonHome and affiliates;
  • Upload content to the Forte Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;
  • Upload content that provides materials or access to materials that exploit people in an abusive, violent, or sexual manner;
  • Use the Forte Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
  • Use the Forte Platform or the Lessons in violation of these Terms of Use;
  • Use the Forte Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining LessonHome’s trade secret information for public disclosure or other purposes;
  • Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
  • Cause any third party to engage in the restricted activities above.

 

You understand that all submissions made to Public Forums will be public and that you will be publicly identified by your name or login identification when communicating in Public Forums. LessonHome will not be responsible for the action of any Users with respect to any information or materials posted in Public Forums.

 

6. Deactivation and Suspension

LessonHome may suspend your right to use the Forte Platform pending its investigation of a potential breach by you of these Terms of Use. LessonHome may deactivate your account or limit your use of the Forte Platform upon its determination that you breached a provision of these Terms of Use. LessonHome will provide you with written notice of its determination. If you wish to appeal this determination, please contact help@fortelessons.comwithin seven (7) days of receipt of such notice with the grounds for your appeal.

 

If LessonHome suspends or deactivates your account or limits your use of the Forte Platform pursuant to this Section 7, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

 

Even after your right to use the Forte Platform is suspended, terminated, or limited, these Terms of Use will remain enforceable against you. LessonHome reserves the right to take appropriate legal action pursuant to these Terms of Use.

 

LessonHome reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Forte Platform at its sole discretion. LessonHome will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, LessonHome shall not be liable to you for any modification or discontinuance of all or any portion of the Forte Platform. LessonHome has the right to restrict anyone from completing registration as a Teacher if such person may threaten the safety and integrity of the Forte Platform, or if such restriction is necessary to address any other reasonable business concern.

 

You may terminate these Terms of Use at any time by ceasing all use of the Forte Platform and deactivating your account. All parts of these Terms of Use which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use or your use of the Forte Platform.

 

7. Accounts

You must register and create an account to use the Forte Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any credentials and account numbers provided by you or given to you by LessonHome for accessing the Forte Platform. You are solely and fully responsible for all activities that occur under your password or account. LessonHome has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify LessonHome immediately.

 

You verify that any contact information provided to LessonHome, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify LessonHome before the change goes into effect by help@lessonhome.com.

 

8. Recordings

The Forte Platform may record audio and video during Lessons for learning, teaching, or other lawful businesses purposes (“ Recordings”). By accepting these Terms of Use, you consent to such Recordings and acknowledge and agree that LessonHome has the right to make, store, process, and use Recordings for any and all Lessons in accordance with this Agreement, including the right to provide Students’, Students’ parents, and Teachers with access to such Recordings upon their request. We do not otherwise share recordings publicly or with third parties without your permission. For more information, please see our Privacy Policy Privacy Policy.

 

9. User Content; Use of Recordings

User Content” means any information and materials you provide to LessonHome, its partners, or other Users in connection with your registration for and use of the Forte Platform, including the information and materials posted or transmitted for use in Public Forums. You are solely responsible for User Content, and we act merely as a passive conduit for your online distribution and publication of your User Content. You acknowledge and agree that LessonHome is not liable for claims arising out of or relating to User Content. Additionally, you acknowledge and agree that LessonHome has no obligation to monitor or review User Content, but reserves the right to limit or remove User Content if it is not compliant with the terms of these Terms of Use. For the avoidance of doubt, User Content includes Recordings.

 

LessonHome will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. LessonHome shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. LessonHome retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

 

You represent and warrant to LessonHome that your User Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (iii) will not infringe or misappropriate any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Lesson is performed); (iv) will not violate any law, statute, ordinance, code, or regulation (including those governing export control, consumer protection, privacy, marketing, telecommunications, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (v) will not be defamatory, libelous, malicious, threatening, or harassing; (vi) will not be obscene or contain pornography (including child pornography) or be harmful to minors; (vii) will not contain any viruses, or other harmful code that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; (viii) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with LessonHome or otherwise purport to act as a representative or agent of LessonHome; and (ix) will not create liability for LessonHome or cause LessonHome to lose (in whole or in part) the services of its partners or suppliers.

 

The Forte Platform hosts User Content relating to reviews and ratings of specific Teachers (“Reviews”). Reviews are such User’s opinion and not the opinion of LessonHome, and has not been verified or approved by LessonHome. You agree that LessonHome is not responsible or liable for any Reviews or other User Content. LessonHome encourages each User to give objective, constructive and honest Reviews about the other Users with whom they have transacted. LessonHome is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Reviews but may do so at its discretion. You agree that Reviews enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates these Terms of Use by contacting the support team at help@fortelessons.com. Each Student should undertake their own research to be satisfied that a specific Teacher has the right qualifications for a Lesson.

 

LessonHome respects the personal and other rights of others, and expects Users to do the same. LessonHome is entitled to identify a User to third parties who claim that their rights have been infringed, violated, or misappropriated by User Content submitted by that User, so that they may attempt to resolve the claim directly.

 

If a User believes, in good faith, that any User Content provided on or in connection with the Forte Platform is objectionable or infringes, violates, or misappropriates any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify LessonHome. Such notification can be made at LessonHome, Inc., help@fortelessons.com.

 

10. Third-Party Links and Information

The Forte Platform may contain links to third-party materials that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Forte Platform or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Company’s Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content, including User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Forte Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

11. LessonHome Online Marketplace

LessonHome operates as an online marketplace that connects Students with service providers (Teachers) who wish to perform a variety of Lessons. LessonHome does not perform Lessons and does not employ people to perform Lessons. Teachers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Students through the Forte Platform. LessonHome does not control or direct the Teachers’ performance of their services or set their work locations or work hours. Teachers provide services under their own name or business name, and not under LessonHome’s name. Teachers provide their own tools and supplies to perform their services; LessonHome does not provide the tools or supplies. Teachers are free to maintain a clientele without any restrictions from LessonHome and are free to offer and provide their services elsewhere, including through competing platforms. LessonHome does not set Teachers’ hours or terms of work. Teachers are free to accept or reject Students and contracts. Teachers are not penalized for rejecting Students or contracts, though if Teachers accept a Student or contract through the Forte Platform, they are expected to fulfill their contractual obligations. Teachers set their own rates for services performed in the LessonHome general marketplace, without deduction by LessonHome.

 

The Forte Platform is not an employment agency service or business and LessonHome is not an employer of any User. Teachers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Lessons and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

 

12. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including LessonHome designs, trademarks, and logos (collectively “LessonHome Material”) that Users see or read through the Forte Platform is owned by LessonHome, excluding User Content, which Users hereby grant LessonHome a license to use as set forth above in Article 10. LessonHome Material is protected in all forms, media and technologies now known or hereinafter developed. LessonHome owns all LessonHome Material, as well as the coordination, selection, arrangement, and enhancement of such LessonHome Materials. The LessonHome Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Forte Platform without LessonHome’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Content. Any use of such LessonHome Material other than as permitted herein is expressly prohibited.

 

The service marks and trademarks of LessonHome, including LessonHome, and associated logos, are service marks owned by LessonHome. Any other trademarks, service marks, logos and/or trade names appearing via the Forte Platform are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.

 

13. Copyright Complaints

It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

 

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

     1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

     2. Identification of the copyrighted work that you claim has been infringed;

     3. Identification of the material that is claimed to be infringing and where it is located on the Service;

     4. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, email address;

     5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

     6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

The above information must be submitted to the following DMCA Agent:

Attn:    DMCA Notice

       LessonHome, Inc.

Address:  401 Park Avenue South

       10th floor

       New York, NY 10016

Telephone:   +1-646-781-8871

Email:     help@fortelessons.com

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

14. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special, and unique asset of LessonHome and agree that you will not, for the lifetime of your account on LessonHome plus 5 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Forte Platform in accordance with these Terms of Use. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall promptly notify LessonHome in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to LessonHome promptly upon deactivation of your User account or termination of these Terms of Use for any reason whatsoever.

 

The term “Confidential Information” shall mean any and all of LessonHome’s trade secrets, confidential and proprietary information, and all other information and data of LessonHome that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other LessonHome Materials and confidential information relating to LessonHome or LessonHome’s business, operations or properties, including information about LessonHome’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

 

15. No Warranty

THE FORTE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE FORTE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FORTE PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LESSONHOME OR THROUGH THE FORTE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LESSONHOME, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE FORTE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE FORTE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE FORTE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FORTE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE FORTE PLATFORM.

 

LESSONHOME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FORTE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LESSONHOME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LESSONHOME, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL LESSONHOME BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE FORTE PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LESSONHOME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FORTE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE FORTE PLATFORM; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL LESSONHOME, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LESSONHOME HEREUNDER OR $100.00, WHICHEVER IS GREATER.

 

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LESSONHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

THE FORTE PLATFORM IS CONTROLLED AND OPERATED FROM FACILITIES IN THE UNITED STATES. LESSONHOME MAKES NO REPRESENTATIONS THAT THE FORTE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE FORTE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS AND REGULATIONS, INCLUDING EXPORT AND IMPORT REGULATIONS AND LAWS REQUIRING THE CONSENT OF SUBJECTS OF AUDIO AND VIDEO RECORDINGS. YOU MAY NOT USE THE FORTE PLATFORM IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE UNITED STATES GOVERNMENT.

 

17. Indemnification

You hereby agree to indemnify, defend, and hold harmless LessonHome and affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Forte Platform; (ii) your participation in Lessons, or your ability or inability to perform or obtain the performance of Lessons or to receive payment therefore; (iii) your breach or violation of these Terms of Use; (iv) your violation of any law, or the rights of any User or third party, including without limitation, audio and video recording and wiretapping laws; and (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Forte Platform (including all User Content), including the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. LessonHome reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of LessonHome.

 

18. Licensing and Permits

Teachers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Lessons. Indeed, certain types of Lessons and services may be prohibited altogether, and it is the responsibility of Teachers to avoid such prohibited Lessons and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Lessons and services on the Forte Platform, you should first seek appropriate legal guidance.

 

Because LessonHome does not supervise, scope, direct, control, or monitor a Teacher’s work or performance of Lessons, Students must determine for themselves whether a Teacher is qualified to perform the specific Lesson at hand. Students may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Lessons are required to be performed by a licensed or otherwise registered professional. Students may also wish to discuss with their Teacher any specific hazards, obstacles, or impediments in the Lesson location (both visible and concealed) that may impact the performance of the Lesson.

 

19. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

(a)  Governing Law. You agree that: the Platform shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

(b)  Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Company. For any dispute with Company, you agree to first contact us at help@fortelessons.com and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “ Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless you and Company agree otherwise. If you are using the Platform for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Platform for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.

Class Action/Jury Trial Waiver.With respect to all persons and entities, regardless of whether they have obtained or used the Platform for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

 

20. Miscellaneous

Failure by LessonHome to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. These Terms of Use constitutes the complete and exclusive agreement between you and LessonHome with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 20. The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in Section 20 above, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from these Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer these Terms of Use without your consent, including assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of these Terms of Use (a) LessonHome shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace LessonHome for the performance of these Terms of Use. These Terms of Use may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 1 shall be null and void. These Terms of Use will inure to the benefit of LessonHome, its successors and assigns. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms of Use. Except for indemnitees, the provisions of these Terms of Use are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of these Terms of Use are enforceable by any persons who are not a party to these Terms of Use.

 

21. Electronic Notices and Consents

By using the Forte Platform, you agree to transact electronically through the Forte Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse, or other device to select an item, button, icon, or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

 

You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms of Use refers electronically, including by email or by posting Notices on the Forte Platform. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in these Terms of Use, all Notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.

 

If you have any questions about these Terms of Use or about the Forte Platform, please contact us by email at help@fortelessons.com or by mail to 450 Park Avenue South, 3rd floor, New York, NY 10016.