Terms and Conditions

Please find below a summary and full version of the Terms & Conditions that apply to the products and services offered by the Global Institute of Forensic Research (“GIFR”, “we”, “our”, and “us”), including the ATSA Master Classes. It is advised that you read the full Terms & Conditions to make sure you are aware of everything to which you are agreeing by using any of GIFR’s services. The official website from which GIFR services can be purchased is www.gifrinc.com.

1. Description of Services

The Master Classes are On Demand Web-based video trainings eligible for Continuing Education Credit (also known as Continuing Education Units or Continuing Professional Development) which professionals can purchase 365-day subscription-based access to (“Services”).

1.1 The online streamed video files, accompanying handouts and quizzes, and evaluation forms constitute the “Content” of each ATSA Master Class.

1.2 Materials will be approved for Continuing Education credit through the boards listed on the following website: http://atsa-training.com/ce-approvals/

1.3  By subscribing to, or accessing, a Master Class, you signify your knowledge of and agreement to all terms set forth in these Terms & Conditions and our Privacy Policy, which is incorporated into these Terms & Conditions and together constitute our legal agreement with you. If you do not agree to the Terms & Conditions, you should not subscribe to or access the Services. These Terms & Conditions, including our Privacy Policy, apply to all Subscribers and users and are binding.

1.4  Click the Privacy Policy link at the bottom of this page to review our Privacy Policy, which is part of these Terms & Conditions and part of your legal agreement with GIFR.

1.5  The Terms & Conditions, including the Privacy Policy, may be changed at any time and without prior notice. Please check the Terms & Conditions and Privacy Policy regularly for any changes. The effective date of the Terms & Conditions and Privacy Policy will be shown at the bottom of each page. This effective date will be your notice of change. The changes will be effective immediately upon our posting of the revised Terms & Conditions and/or Privacy Policy. Your use of the Services following the posting of any revised Terms & Conditions and/or Privacy Policy constitutes your agreement to be bound by those changes.

2. Bulk Subscriptions

2.1. Subscribers purchasing multiple copies of the same Master Class(es) on behalf of a group are required to provide GIFR with e-mail addresses of all the individuals in their group who the administrator wishes to receive access to the purchased services.

2.2.  The designated group administrator also agrees to inform GIFR in writing via e-mail (services@gifrinc.com) of any additions and deletions of e-mail addresses they wish to make depending on changes in their organization and staff.

2.3  Bulk Subscription administrators are responsible for ensuring GIFR has their current contact information and payment information. GIFR is considered to have fulfilled its obligations under the Terms & Conditions when it provides usernames and passwords for all Subscribers in the group to access the Services and Content.

3. Pricing and Payments

3.1  Pricing:

199. a) Cost Per Master Class for ATSA Member: $199.00 USD
200. b) Cost Per Master Class for Non-Member: $249.00 USD

3.2 Discounts:

1. a) 0-4 Master Classes = None
2. b) 5-10 Master Classes = 10% Off
3. c) 11+ Master Classes = 25% Off

3.2  GIFR offers three methods of payments for its Subscribers:

1. a) By credit card
2. b) By invoice, with payment remitted by check
3. c) By purchase order, with payment remitted by either credit card or check

3.3  Any credit card or other payment information entered on the GIFR website (www.gifrinc.com) must be entered by a party authorized to incur charges and complete payment. GIFR disclaims all liability for false or fraudulent payments.

3.4  If for any reason the credit card of the Subscriber is declined, GIFR has a right to charge the Subscriber an administrative fee of $25.00 USD, any fee(s) incurred by GIFR as a result of the chargeback, and interest on the amount that has not been paid at the rate of 2.0% per month (24% APR) or the highest amount allowed by applicable law, whichever is less.

3.5  If for any reason the check of the Subscriber is returned or rejected by GIFR’s bank, GIFR has a right to charge a $25 fee for the returned check and interest on the amount that has not been paid at the rate of 2.0% per month (24% APR) or the highest amount allowed by applicable law, whichever is less.

3.6  The Contract Term will begin once payment details have been submitted via the GIFR website (www.gifrinc.com).

3.7  Access to the Services and Content will begin once payment has been successfully processed by GIFR.

3.8  If GIFR is unable to collect payments that are overdue by 30 days or more for any Subscriber and GIFR decides to turn the overdue account over to a collection agency and/or takes other action against the Subscriber to collect any amounts owed to it, including litigation, the Subscriber would then be obligated to pay all costs incurred by GIFR in doing so, including the fees charged by the collection agency and attorneys’ fees and costs in addition to the overdue payment plus interest at the rate of 2.0% per month (24% APR).

4. Content and Acceptable Usage

4.1  All Content is owned, controlled, and/or licensed by GIFR. The Content is protected by trademark, trade dress, copyright, and/or other intellectual property rights of GIFR or third party licensors against any uses not expressly permitted in these Terms & Conditions. All worldwide rights, title and interest in and to the Content are owned by GIFR or third party licensors. Subscribers to the Bulletin do not own any rights in or to the Content other than the right to receive the Subscription in accordance with these Terms & Conditions.

4.2  The Content is intended solely for Subscribers’ personal use. Subscribers shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content. Any use of the Content on any other website or application is strictly prohibited.

4.3  By subscribing to access the Services and Content, GIFR does not transfer title or any other rights in or to the Content to Subscribers. All rights not expressly granted in these Terms & Conditions are reserved to GIFR

4.4   You shall not share, forward, transfer, upload, post or transmit in any manner any portion of any Services or Content unless you have first received written permission from GIFR.

4.5   You shall not use the Services or Content to operate a service bureau or for any other use involving the processing of data of others. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Services or Content.

4.6  Files may be protected so that they cannot be downloaded, copied, or transferred to another website.

5. General Terms

5.1  By subscribing to the Services, you agree to the following:

1. a) You are at least 18 years of age;
2. b) The information you have provided with respect to your account is correct;
3. c) You have not and will not obtain or attempt to obtain or allow others to obtain any materials or information through any means that are not authorized by these Terms & Conditions;

1. d) You will not intentionally or unintentionally violate these Terms & Conditions or any applicable local, state, national, or international law and any regulations having the force of law;

1. e) You will not provide support or resources, or conceal or disguise the nature, location, source, or ownership of support or resources, to any organization designated by the United States of America (USA) Government as a foreign terrorist organization pursuant to the Immigration and Nationality Act, 8 U.S.C. 1189, or any person or organization that is on the U.S. Department of the Treasury’s Specially Designated Nationals List located at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspxor the U.S. Department of Commerce’s Table of Deny Orders located at http://www.bis.doc.gov/dpl/default.shtm; and

1. f) You agree to allow GIFR to send materials to the e-mail address(es) provided during the time of sign-up. Except as otherwise required by law, the GIFR will not provide third parties with your information without your express written consent. See our Privacy Policy for information on what information we collect, how we use it and who may have access to your information through your use of the Services or the Content or the Site.

1. GIFR is not responsible for any charges by third parties that are related to your use of the Internet to access the Services and Content.

1. It is the Subscriber’s responsibility to have appropriate hardware and software to access the Services and Content.

6. Disclaimers

SUBSCRIBERS ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SERVICES AND CONTENT WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, GIFR DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, CUSTOM, AND CONFIDENTIALITY OF USE OR INFORMATION.

GIFR DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE SERVICES, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SERVICES OR CONTENT, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, ANY SECURITY BREACHES, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT.

GIFR EXPRESSLY DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. IT IS ENTIRELY YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE SERVICES IS LAWFUL WHERE YOU ARE LOCATED. BY USING THE SERVICES, YOU WARRANT TO GIFR THAT YOU ARE COMPLYING WITH APPLICABLE LAW WHEN YOU ACCESS THE SERVICES IN EVERY JURISDICTION WHERE YOU ACCESS THE SERVICES.

COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SERVICES OR CONTENT ARE THE SUBSCRIBER’S SOLE RESPONSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. THE EXCLUSIONS, LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL ALWAYS BE CONSTRUED TO BE EFFECTIVE TO THE FULLEST EXTENT OF THE LAW. YOU SHOULD CONSULT YOUR OWN LEGAL ADVISOR SHOULD YOU WISH TO DETERMINE THE LAWS AND REGULATIONS THAT APPLY TO YOU.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GIFR OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (ALL ARE THE “GIFR PARTIES”) BE LIABLE FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER TYPE OF DAMAGE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH (A) THE SERVICES OR CONTENT, (B) ANY LINKED APPLICATION OR WEBSITE, (C) USE OF OR THE INABILITY TO USE THE SERVICES, (D) ANY ACTION TAKEN RELATED TO AN INVESTIGATION BY THE GIFR PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (E) ANY ACTION TAKEN RELATED TO A CLAIM OR COMPLAINT BY A COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNER, (F) ANY ERRORS OR OMISSIONS IN THE CONTENT, OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (H) DEATH OR PERSONAL INJURY.

THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE DAMAGE IS FORESEABBLE OR IF GIFR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. IF FOR ANY REASON THE GIFR PARTIES ARE FOUND TO BE LIABLE, OUR AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY OR PARTIES CLAIMING WITH, UNDER OR THROUGH YOU, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO GIFR AS A SUBSCRIBER OF THE SERVICES, NOTWITHSTANDING THE NUMBER OF CLAIMS AND NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE BUT IN NO EVENT SHALL THE TOTAL AGGREGATE AMOUNT THAT YOU MAY RECOVER BE MORE THAN $100.00. NO CLAIM OR ACTION ARISING FROM OR CONCERNING THE SERVICES, CONTENT OR OTHER MATERIAL RELATED TO THE SERVICES MAY BE BROUGHT LATER THAN ONE YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE.

YOU RELEASE GIFR FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE GIFR PARTIES AGAINST ANY LOSS, DAMAGES, CLAIM, LIABILITY, COSTS, OR PENALTIES RESULTING FROM YOUR PROFESSIONAL PRACTICE WHETHER OR NOT SUCH ASSESSMENT WAS MADE IN RELIANCE ON THE CONTENT OR THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF DAMAGES OR LIABILITY. THE EXCLUSIONS, LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL ALWAYS BE CONSTRUED TO BE EFFECTIVE TO THE FULLEST EXTENT OF THE LAW. YOU SHOULD CONSULT YOUR OWN LEGAL ADVISOR SHOULD YOU WISH TO DETERMINE THE LAWS AND REGULATIONS THAT APPLY TO YOU.

BY AGREEING TO THESE TERMS & CONDITIONS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED AT THIS TIME. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” AND ANY SIMILAR LAW OF ANY STATE, TERRITORY, OR JURISDICTION.

GIFR may provide its website URL to third party applications or websites. GIFR does not recommend, monitor, control or endorse any third party advertising or content, nor the content on any third party applications or websites and is not responsible for their terms of use or privacy policies or how they may treat your information. GIFR disclaims all warranties and responsibility for the applications and websites of third parties, and for the accuracy, availability, or completeness of any content found on those applications and websites. Your use of third party applications and websites is at your own risk.

You agree that the Services are for professional development and educational purposes only and that to the extent you suffer any damages as a result of using the Services, such damages will not result in irreparable harm that would entitle you to specific performance or an injunction against GIFR. You specifically waive any right you may have to bring an action for specific performance or injunctive relief against GIFR.

8. GIFR Rights to Subscriber- and User-provided Submissions

We are pleased to hear from our Subscribers and users, and welcome comments and feedback regarding our Services and how to improve them. However, if sent any content, information, functionality recommendations, artwork, photos, ideas, suggestions or other materials, Subscribers and users acknowledge that they are doing so with the intent and agreement that GIFR owns and may use such content, information, ideas, suggestions, or other materials for any and all purposes without any obligation to compensate you.

9. Indemnification

You agree to defend, indemnify, and hold harmless GIFR and its subsidiaries and affiliated companies, and their respective owners, directors, officers, employees, contractors and agents from any and all liabilities, claims, and expenses of every kind and nature, including but not limited to attorneys’ and expert witness fees, that arise from your violation of the Subscription granted to you, these Terms & Conditions and the Privacy Policy or your use of the Services or Content other than as permitted in these Terms & Conditions and Privacy Policy. GIFR shall have the right to determine the identity of its legal counsel and you shall hire and pay for such counsel and all costs associated with the defense. GIFR shall have the right to be actively involved in its defense even though you are responsible for payment. No claim shall be settled without the prior written consent of GIFR. GIFR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GIFR in asserting any available defenses.

10. DMCA Notice

GIFR abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by us that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material and notify them of the claimed infringement.

GIFR does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a notice of infringing material or a counter-notification, we recommend that you contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with GIFR’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of infringing material:

To file a notice of infringing material on a site owned or controlled by GIFR, please provide a notification containing the following details:

• Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example, title, author, any registration or tracking number);

• Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material);

• Your contact information so that we can contact you (for example, your address, telephone number, e-mail address);

• A statement that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law;

• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

• Your physical or electronic signature.

Counter-notification:

If material that you have posted to a site controlled or operated by GIFR has been taken down, you may file a counter-notification that contains the following details:

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material in question;

• Your contact information so that we can contact you (for example, your address, telephone number, e-mail address);

• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which GIFR may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and

• Your physical or electronic signature.

Addresses for sending a notification or counter-notification:

By Postal Mail:

Global Institute of Forensic Research
c/o MHS Inc
P.O. Box 950
North Tonawanda, NY 14120-0950
USA

By E-Mail:

services@gifrinc.com

We suggest you obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws if you intend to file a notice or counter-notice.

11. Governing Law and Venue

These Terms & Conditions (including the Privacy Policy) are governed by and shall be construed and enforced in accordance with the laws of Ontario, Canada, without giving effect to any conflicts of law principles. You expressly agree that the exclusive jurisdiction for any dispute, claim or action against GIFR, its affiliates and subsidiaries and their owners, directors, officers, employees, contractors, or agents arising from or relating in any way to the Content, Services, these Terms & Conditions, or your use thereof shall be filed only in the state or federal courts located in or having jurisdiction over Ontario, Canada. You also agree and voluntarily submit to the exercise of personal jurisdiction of such Ontario courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. The Services, and these Terms & Conditions, are not governed by the United Nations Conventions on Contracts for the International Sale of Goods.

12. Entire Agreement, Amendments and Severability

These Terms & Conditions, including the Privacy Policy, constitute the entire agreement between you and GIFR with respect to the Services and the Content, and supersedes all prior or contemporaneous communications and proposals between you and GIFR with respect to the Services and the Content. These Terms & Conditions may only be modified if GIFR agrees to such modification or waiver in writing and signed by an officer of GIFR. If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed to be modified so that it is valid and enforceable to the fullest extent permitted by law, and the remaining portions shall remain in full force and effect.

13. Termination and Survival of Obligations

GIFR reserves the right, in its sole discretion, to terminate your access to the Services and the Content at any time with or without notice if you violate these Terms & Conditions.

The following sections of these Terms & Conditions will continue to apply to you even after termination of your access to the Services: Sections 4, 5, 6, 7, 8, 9, 10, 11, 12 and any other provision or parts thereof that reasonably support survival.

BY SUBSCRIBING TO THE SERVICES, YOU CERTIFY YOU HAVE READ AND UNDERSTAND THESE TERMS & CONDITIONS, INCLUDING THE PRIVACY POLICY, AND VOLUNTARILY AGREE TO ALL OF THE TERMS & CONDITIONS NOW IN EFFECT AND AS THEY MAY BE AMENDED FROM TIME TO TIME.