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General Terms and Conditions
Welcome to ForteMall. By using the services on the ForteMall websites (ForteMall.com and other related websites where this agreement appears) (the "Sites"), you are agreeing to the following terms and conditions, including those available by hyperlink, (the "Terms and Conditions") with ForteMall Inc. and the general principles for the websites of our subsidiaries and international affiliates.
Before you may become a member of ForteMall, you must read and accept all of the terms and conditions in, and linked to, the Privacy Policy. We strongly recommend that, as you read this Terms and Conditions, you also access and read the linked information. By accepting this Terms and Conditions, you also agree that your use of some ForteMall-branded websites or websites we operate may be governed by separate terms and conditions and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Terms and Conditions are effective on March 1, 2008, for current users, and upon acceptance for new users.
ForteMall is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing and/or course content/material that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
Using ForteMall
While using the Sites, you will not:
- post course content/material or listings in an inappropriate category or areas on the Sites;
- violate any laws, third party rights, or our policies;
- use the Sites if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from our Sites;
- fail to deliver payment for courses enrolled by you, unless the instructor has materially changed the course's description after you enroll, a clear typographical error is made, or you cannot authenticate the instructor's identity;
- fail to deliver courses content/material/service enrolled from you, unless the student fails to meet the posted terms, or you cannot authenticate the student's identity;
- manipulate the price (enroll fee) of any course or interfere with other user's listings;
- circumvent or manipulate our fee structure, the payment process, or fees owed to ForteMall (if any);
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the reputation or ratings systems (such as displaying, importing or exporting reputation information off of the Sites or for using it for purposes unrelated to ForteMall);
- transfer your ForteMall account (including reputation) and username to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm ForteMall, or the interests or property of ForteMall users;
- copy, modify, or distribute content from the Sites and ForteMall's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing ForteMall
ForteMall and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
ForteMall works to ensure that listed courses do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify us through our Contact Us page, and we will investigate.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
You agree that ForteMall, in its own discretion, may terminate any course listing/content/material or use of the service immediately and without notice if (a) We believe that you not follow the general rules of this agreement
(b) You have repeatedly broken a certain term (c) You have listed a suspicious course listing/content/material (d) We believe you to be an abused student/instructor. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
Liability
You will not hold ForteMall responsible for other users' actions or inactions, including things they post. ForteMall is a venue to allow anyone to offer, host, and enroll just about any course, at anytime, from anywhere, in a variety of course pricing formats and venues, such as schools, fixed price formats and listing-style formats. We are not involved in the actual transaction between students and instructors. We have no control over and do not guarantee the quality, safety or legality of courses advertised, the truth or accuracy of listings, the ability of instructors to offer course services, the ability of students to pay for courses, or that a student or instructor will actually complete a transaction. You need to identify the students or instructors through our rating and reputation system, and some identification skills (eg. Whether the instructor has offered a free trial course, whether the course fee is too high or too low, whether the description of course is sounded strange... etc).
In addition, note that there are risks of dealing with underage persons or people acting under false pretence.
ForteMall shall not be responsible for any courses sold by instructors, nor for misrepresentations and/or breaches of contract by either student and/or instructor. ForteMall shall not be responsible for any losses resulting form any courses enrolled or obtained.
ForteMall assumes no liability for the content of the listings.
However if you fall victim of a fraudulent transaction we will assist you as much as we can.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Your Conduct
You are solely responsible for the contents of your actions through ForteMall. You must ensure that your participation in the offering or enrolling of courses does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to offer or enroll the relevant course and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Access and Interference
Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to ForteMall, the content owner or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of ForteMall, the content owner and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
- bypass other measures we may use to prevent or restrict access to the Sites.
Privacy
We do not sell or rent your personal information to third parties for their any purposes without your explicit consent. We use your information only as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
Account and Transaction Data
To provide a safer transaction environment, you agree that ForteMall may keep your account and transaction data for several years even if you do not use them. The purpose of this operation is to resolve any possible dispute in the future. ForteMall promises you we will provide best privacy protection through both our system design and Privacy Policy. Although there is no need to take extra action to terminate your account, however, you can request to close your account when you make sure you will not use it.
Membership
Membership to ForteMall is only available to those you can form a legally binding contract.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
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