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.
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 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
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;
• mply 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 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
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.
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 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 firstname.lastname@example.org.
9. User Content; Use of 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.
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.,email@example.com.
10. Third-Party Links and Information
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.
12. 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
Address: 401 Park Avenue South
New York, NY 10016
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
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.
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 firstname.lastname@example.org 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.
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.
Last updated: October 7, 2021