By clicking below, you (sometimes referred to as "You", "Your" or "User") agree to be bound by all of the terms and conditions contained in this License Agreement ("Agreement") between You and Forensic Training Network, LLC (hereinafter referred to as "FTN"), for the use of FTN's courses and materials (the "Courses").
1. Courses. FTN provides its own proprietary, copyrighted forensic training courses via the World Wide Web. FTN's Course Offerings and their respective prices are provided at the link below:
http://www.forensic-training-network.com/cgi-bin/DJlinks.cgi?TEMPLATE=courses.html
Subject to the terms and conditions of this Agreement, FTN grants a limited license to User to use the purchased Course materials, one time, for User's own use and not for the use of any third party.
2. Representations and Warranties. User makes the following representations and warranties. Any misrepresentation or violation of User's representations and warranties shall be considered a material breach of this Agreement.
a. Individual. User is an individual and not an entity, whether a partnership, limited liability company, corporation or otherwise.
b. Coursework. User warrants and represents that they will be the only individual reviewing the course materials provided with their Course and they will not receive assistance while taking the examination which accompanies the Course.
c. No Copying or Distribution. User warrants and represents that, without the express written consent of FTN, they will not download, copy, alter, recompile, sell, resell, distribute, publish, republish any Course materials found on or obtained through the Website.
d. Access. User warrants and represents that they will use the Website in a manner that conforms with all applicable laws and regulations, and specifically agrees not to make any attempt to gain unauthorized access to FTN's system or network accessed with your account.
e. Terms of Use. User warrants and represents that they have read, understood and agree with the Terms of Use of Forensic Training Network's website located at http://www.forensic-training-network.com/_pages/term.html
3. Course Registrants, Participants and Course Certification
a. Course Registration. Each User who registers for a Course, shall be granted a license to take the provided course and final examination, within thirty (30) days of purchase. Users receiving a passing grade will receive a certificate of completion for that particular course. Users are not permitted to transfer or assign their course registration to any third party, and dissemination of any of the Course materials is strictly prohibited.
b. Course Certification. Only one certificate of completion will be issued per passing registered User.
4. Fees, Charges and Payment
a. Charges. FTN charges a fee for its Courses, as specified in the Course Offerings. The Course Offerings and respective fees are subject to change without notice. Course fees are not guaranteed until you have completed registration and have received a confirmation number.
b. No Cancellations or Refunds. Once the User has registered for a Course and accessed the Course materials, no refunds or cancellations shall be allowed.
5. Permissions, Proprietary Rights, and Confidentiality. FTN owns the design and function of its own Website, defined as those resources and functions delivered via the Website as well as the Course materials and all other information contained therein. User acknowledges that FTN does not commit to supporting or specifying any particular browsing or operating platform, and that FTN has the right at any time to revise and modify its web pages, release subsequent versions thereof, and/or alter features, specifications, capabilities, functions and other characteristics of the Website, all without notice to User.
6. Privacy Policy. All User information collected as part of this Agreement shall be subject to FTN's Privacy Policy, located at http://www.forensic-training-network.com/_pages/privacy.html
7. Maintenance, Support and Security. FTN shall provide reasonable support and technical assistance in dealing with any operational or other difficulty that may arise in connection with their use of the Website. FTN reserves the right to establish reasonable limitations on the extent of such support, and the hours at which such support is available.
8. Secure Server. FTN shall maintain User's data in a secure manner and according to generally accepted electronic commerce practices.
9. Account ID. FTN shall provide User with an account ID and password that allows User to access the Course(s) purchased by User.
10. Indemnification. User agrees to indemnify and hold harmless FTN against any expense, loss or liability (including attorneys' fees) in respect of any claims, or threatened claims arising out of or relating to the breach of this Agreement.
11. No Implied Warranties. The content and functionality of the Website is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Neither this Agreement or any documentation furnished under it is intended to express or imply any warranty that the services will be uninterrupted or error-free or that the Website will provide uninterrupted or error free service.
12. Third Party Providers. FTN uses third party providers and provides no warranty and accepts no liability for losses/failures resulting from non performance or failures of those providers.
LIMITATION OF LIABILITY. FTN SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES THAT RESULT FROM ORGANIZER'S USE OR INABILITY TO USE FORENSIC TRAINING NETWORK'S SERVICES OR COURSE MATERIALS. FTN'S LIABILITY TO USER SHALL NOT, FOR ANY REASON, EXCEED THE FEES CHARGED BY FTN FOR ITS SERVICES DURING THE PRECEDING 12 MONTH PERIOD.
13. Force Majeure. FTN shall not be liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of God or any causes beyond its reasonable control.
14. Miscellaneous Provisions:
a. Entire Agreement; Successors and Assigns. This Agreement, and the terms and documents incorporated by reference, constitutes the entire agreement between Forensic Training Network and the User relative to the subject matter hereof and shall be binding upon the parties hereto and upon their heirs, administrators, representatives, executors, successors and assigns, and shall inure to the benefit of said parties. Any previous agreement or negotiations between FTN and User concerning the subject matter hereof is superseded by this Agreement.
b. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and wholly to be performed within the State of California by California residents, irregardless of User's domicile.
c. Arbitration. Any controversy between the parties hereto involving any claim arising out of or relating to a breach of this Agreement shall be submitted to and be settled by final and binding arbitration in the City and County of San Francisco, California, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (the "AAA"). The arbitrator shall determine a prevailing party. The prevailing party shall be entitled to reasonable attorneys' fees, costs (including arbitrators' costs).
d. Headings. The headings of the sections of this Agreement are for convenience and shall not by themselves determine the interpretation of this Agreement.
e. Notices. Any notice to FTN required or permitted hereunder must be given in writing, by telegram, overnight courier, and if to (a) Forensic Training Network:
Forensic Training Network, LLC
660 4th Street #285
San Francisco, CA 94107
(b) if to User, at the address, fax number or email address provided by User.
f. Modification. Any provision of this Agreement may be amended only by a written instrument signed by both parties.
g. Waiver. No waiver of any kind under this Agreement shall be deemed effective unless contained in a writing signed by the party charged with such waiver, and no waiver of any right arising from any breach or failure to perform will be deemed to be a waiver or authorization of any other breach or failure to perform or of any other right arising under this Agreement.
h. Severability. In case any provision of this Agreement shall be invalid, illegal, or unenforceable, the validity, legality and unenforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
