Terms of Use

Last updated: May 11, 2010

Please read these terms and conditions of use (the "Terms of Use") carefully. By accessing or using 26y.datsumoki.net or www.fortisonline.edu (each, a "Site" and collectively the "Sites") you agree that you have read, understand and agree to comply with and to be bound by the Terms of Use described below, whether or not you are a registered member of the Sites. These Terms of Use, including the Privacy Notice, govern your use of the Sites and constitute a legal contract between you, on the one hand, and Fortis College and Fortis Institute (collectively, "Fortis" or "we"), on the other hand.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, PLEASE DO NOT USE THESE SITES.
Fortis may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. If Fortis modifies these Terms of Use, Fortis will indicate at the top of the Terms of Use the date these terms were last modified. Your continued use of this Site after any such change constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to any of the modified Terms of Use, please do not use or access the Site. 

You affirm that you are either 18 years of age or older, or are accessing the Site with the permission of your parent or guardian and are fully able and competent to enter into the terms and conditions set forth in the Terms of Use.

These Terms of Use concern only the Sites, and do not concern any other website, including websites to which these Sites may link.

I. COPYRIGHT/TRADEMARKS
All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site are the intellectual property of Fortis or affiliates of Fortis, or Fortis's or such affiliates' licensors and suppliers. The information and materials are protected by copyright and other intellectual property laws, and all ownership rights remain with Fortis or affiliates of Fortis, or Fortis's or such affiliates' licensors and suppliers,as the case may be. 

FORTIS, FORTIS COLLEGE, FORTIS INSTITUTE, and LEARNING FOR LIFELONG GROWTH and any associated logos and symbols are trademarks or service marks of Fortis. All rights not expressly granted herein are reserved to Fortis and its licensors.

II. USE OF SITE
Information obtained via the Site is for your personal use only and may not be further modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, disseminated or sold without Fortis's prior written consent. As a condition of your use of the Site, you represent, warrant and covenant to Fortis that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site.

Fortis makes no claims regarding use of the Site or access to the information and materials outside of the United States. Access to the Site or the information and materials may not be legal by certain persons or in certain countries. If you access the Site or the information and materials from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

III. TAKE DOWN PROCEDURE 
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or a statement, under penalty of perjury, that you are authorized to act on behalf of such person; 
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single Site are covered by a single notification, a representative list of such works on the Site; 
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) information reasonably sufficient to permit Fortis to contact you, such as an address, telephone number, and, if available, an electronic mail address; 
(v) 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 the law; and 
(vi) a statement that the information in the notification is accurate.
Fortis's designated copyright agent to receive notifications of claimed infringement is: corporatewebmaster@fortiscollege.edu. You acknowledge that if you fail to comply with all of the requirements of this Section IV, your DMCA notice may not be valid.

IV. LINKS TO THIRD PARTY SITES; FRAMING OF THIRD PARTY SITES
The Site may contain links to other third party websites ("Linked Sites") or frames of other third party website screens ("Framed Sites"). The Linked Sites and Framed Sites are not under Fortis's control and Fortis is not responsible for their content, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. Fortis is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site. Fortis provides such links or frames to you only as a convenience, and the inclusion of any link does not imply endorsement by Fortis of the Linked Site or Framed Site or any association with its operators.

V. SITE SECURITY
You may not tamper with the Site, commit unauthorized intrusion into any part of the Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking and denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.

VI. DISCLAIMERS
Fortis does not warrant the accuracy or completeness of the information, graphics, text, links or other material contained on the Site, is not responsible for any errors or omissions in the content of the Site, and shall have no liability for damages of any kind arising out of information on the Site. Fortis does not ensure that the Site is free of viruses or other harmful components. USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, FINANCIAL OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.

FORTIS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FORTIS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE AND OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF FORTIS, ITS AGENTS, LICENSORS, OR SUPPLIERS.
FURTHERMORE, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

VII. LIMITATION OF LIABILITY
IN NO EVENT SHALL FORTIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR FORTIS SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORTIS OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

FORTIS RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR THE POSSIBLE CONSEQUENCES OF SUCH CHANGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

VIII. GENERAL
You agree to defend, hold harmless and indemnify Fortis from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms of Use, or resulting from your use of the Site. Further, you agree to hold Fortis harmless from any claims relating to any action taken by Fortis as part of an investigation into a suspected violation of these Terms of Use or as a result of its conclusion that a violation of these Terms of Use has occurred.

These Terms of Use are governed by the laws of the State of New York, U.S.A. You hereby consent to personal jurisdiction and venue in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of the Site and agree that any dispute or claim raised or made by you against Fortis relating to the Site shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. 
You agree that no joint venture, partnership, employment or agency relationship exists between you and Fortis as a result of your agreement with these Terms of Use or use of the Site. 

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms of Use as revised shall continue in effect. 

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Fortis with respect to the Site and the information provided via the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fortis with respect to the Site. 

IX. REPORTING VIOLATIONS; ENFORCEMENT
If you wish to report any violations of these Terms of Use may contact Fortis via e-mail: corporatewebmaster@fortiscollege.edu. Fortis has the sole right to initiate an investigation into any alleged infringements, in its sole and exclusive discretion. Fortis may, at its sole discretion, pursue other remedies, or, if such violation is a criminal offense, Fortis may notify the appropriate law enforcement agency of such violation.

X. PRIVACY POLICY
Please read our Privacy Policy carefully to understand what we do with the personal information that we collect as part of your interaction with the Site. 

XI. CONTACT
Any comments, requests or other communications should be directed to: corporatewebmaster@fortiscollege.edu.