Terms and Conditions
1. Description of Services
1.1 All of the following constitute the “Services”:
- “User Services” refers to all services related to paid trainings on gifrinc.com
- “Member Services” refers to all services received by GIFR members as listed on gifrinc.com/membership, including access to the Executive Bulletin and Continuing Education from approved providers (for full list, see https://www.gifrinc.com/continuing-education-approvals)
1.2 The articles that will be monitored as part of the Executive Bulletin (“Bulletin”) which is included as part of the Member Services include those published in more than 100 academic journals that are anticipated to contain articles on forensic risk assessment. Articles published ‘Online First’ in print journals may not be included in the Bulletin until they are published in print. Articles published in electronic-only journals will be included when made available online. Articles that are deemed to be related to the topic of risk assessment are those that evaluate the likelihood of first-time or repeat criminality. A risk assessment tool is a structured instrument designed to aid in the prediction of such outcomes. Articles eligible for inclusion in the Bulletin include those investigating the performance of established or in-development risk assessment tools or unstructured clinical judgments. Multivariable models with explicit coding rules designed for the purpose of use in risk assessment practice are also eligible. Also ineligible are studies that only explore individual risk factors and those examining the ‘mediation’ or ‘moderation’ of the relationship between a risk factor or group of risk factors and a given outcome. Finally, studies on multivariable models not intended for use in practice are not eligible for inclusion.
2. Types of Membership
2.1 There are two types of Memberships available for the Member Services:
a) Individual Memberships, which allow one user (an individual person) to access the Member Services;
b) Group Memberships, which allow multiple authorized users at one facility or physical location or users employed by the same entity (e.g., prison, jail, hospital, clinic, center, agency) to access the Member Services.
i. All group Members are required to designate one group administrator to be the primary contact with GIFR and to provide GIFR with e-mail addresses of all the individuals in their group who the administrator wishes to receive access to the Member Services..
ii. The designated group administrator also agrees to inform GIFR in writing via e-mail ([email protected]) of any additions and deletions of e-mail addresses they wish to make depending on changes in their organization and staff.
c) Both individual and group Memberships are limited to accessing the Member Services online at the GIFR website (www.gifrinc.com) through username and password. GIFR protects the its Membership and User Services content (“Content”) so that it cannot be printed, copied, or transferred to another website. The Content includes all materials related to Member Services and User Services, including but not limited to all files, images, photos, graphics, text, software, illustrations, designs, logos, icons, video and audio content.
2.2 When payment is collected for access to the Member Services, Members will be e-mailed a unique username and password that they can use to access their monthly Bulletin as well as to access their account profile on the GIFR website.
2.3 Individual and group 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 access to the Member Services.
3. Membership Pricing and Payments
a) Individual Membership: $349.00 USD/Year
b) Group Membership: $4,200.00 USD/Year
3.2 Memberships, whether paid by credit card or by invoice, will be automatically renewed for another one year term at the end of your current Contract Term unless written notice is given to GIFR via e-mail ([email protected]) at least 60 days before the end of your current Contract Term. Individual Membership cancellation notice can be accomplished by e-mailing [email protected] and providing username and password information. Group Membership cancellation notice can be accomplished by the administrator e-mailing [email protected] and providing his/her username and password information, which will be linked to the e-mail addresses and/or IP authenticated addresses in his/her group. Any cancellations made after 5:00 PM Eastern Standard Time will be deemed given on the next business day that is not a holiday.
3.3 The price of the Membership will be locked in for the term of the current Contract Term but may change at time of automatic renewal.
3.4 The standard Group Membership price listed on the GIFR website (www.gifrinc.com) covers up to 20 authorized users. Contact GIFR ([email protected]) for price quotes for groups of more than 20 potential users.
3.5 GIFR offers two methods of payments for its Members:
a) By credit card
b) By invoice, with payment remitted by check
3.6 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.
3.7 If for any reason the credit card of the Member is declined, GIFR has a right to charge the Member 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.
3.8 Members who pay by credit card are required to update their credit card information if it expires, if their card is replaced or canceled, and/or if their billing address changes. GIFR is not responsible if a Member does not update his/her credit card or billing address information, or if a notice of late payment is sent to the wrong location or e-mail address. In such cases, the Member must still pay for the full Contract Term.
3.9 If for any reason the check of the Member 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.
3.10 The Contract Term will begin once payment details have been submitted via the GIFR website (www.gifrinc.com).
3.11 Access to the Member Services will begin once payment has been successfully processed by GIFR.
3.12 If GIFR is unable to collect payments that are overdue by 30 days or more for any Member 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. Executive Bulletin Delivery Schedule
4.1 Monthly editions of the Bulletin will be posted to the GIFR website (www.gifrinc.com) the first week of each month.
4.2 Each Bulletin will cover the articles published two months prior to the month of the Bulletin. For example, all articles published during the month of January will be reviewed in the Bulletin that is posted the first week of March.
4.3 If the Bulletin is ever posted to the GIFR website (www.gifrinc.com) more than 5 business days after the 1st week of the month without prior notice, Subscribers will receive an extra month of service on their Subscription at no charge.
5. Content and Acceptable Usage
5.1 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. Users and Members do not own any rights in or to the Content other than the right to receive the Services in accordance with these Terms & Conditions.
5.2 The Content is intended solely for User’s and Member’s personal use. Users and Members 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.
5.3 By becoming a User or Member, GIFR does not transfer title or any other rights in or to the Services. All rights not expressly granted in these Terms & Conditions are reserved to GIFR
5.4 You shall not share, forward, transfer, upload, post or transmit in any manner any portion of any Services unless you have first received written permission from GIFR.
5.5 You shall not use the 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.
5.6 Files may be protected so that they cannot be printed, copied, or transferred to another website. The Services may not be posted onto any network or disseminated in any other way without the written permission of GIFR.
5.7 GIFR encourages sponsorship of the Services and may include advertisements.
6. General Terms
6.1 By using the Services, you agree to the following:
a) You are at least 18 years of age;
b) The information you have provided with respect to your account is correct;
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;
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;
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.aspx or the U.S. Department of Commerce’s Table of Deny Orders located at http://www.bis.doc.gov/dpl/default.shtm; and
i. GIFR is not responsible for any charges by third parties that are related to your use of the Internet to access the Content of the Bulletin.
ii. It is the Subscriber’s responsibility to have appropriate hardware and software to access the Content of the Services.
USERS AND MEMBERS 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 USER’S AND MEMBER’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.
8. 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.
A SUBSCRIBER IS NOT A PROFESSIONAL RISK ASSESSOR BY VIRTUE OF THEIR SUBSCRIPTION TO THE BULLETIN, AND THE BULLETIN DOES NOT QUALIFY A SUBSCRIBER TO ASSESS RISK. PRIOR TO USING ANY INFORMATION IN A BULLETIN, YOU SHOULD DOWNLOAD THE ENTIRE ARTICLE SUMMARIZED IN THE BULLETIN. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE GIFR PARTIES AGAINST ANY LOSS, DAMAGES, CLAIM, LIABILITY, COSTS, OR PENALTIES RESULTING FROM YOUR ASSESSMENT OF RISK 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.
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.
9. GIFR Rights to User- and Member-provided Submissions
We are pleased to hear from our users and members, and welcome comments and feedback regarding our Services and how to improve them. 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.
11. 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.
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.
3770 Victoria Park Ave.
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.
12. Governing Law and Venue
13. Entire Agreement, Amendments and Severability
14. 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 3, 5, 7, 8, 9, 10, 11, 12, 13, 14 and any other provision or parts thereof that reasonably support survival.
This document was last updated on March 13, 2017.