Terms and Conditions of Use
1. Grant of Licence
2. Member Account
If you register as a user of the Site, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify TIFFIN of any unauthorized use of your username and password or any other breach of security at firstname.lastname@example.org.
3. Restrictions on Use of Product
Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Site (collectively, the "Content") are protected by copyright and owned, controlled or licensed by TIFFIN, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Website. All trademarks, service marks and trade names are proprietary to TIFFIN.
No Content from the Site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non- commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited.
If you wish to build a hyperlink to the Website, you may do so provided you agree to cease such link upon request from TIFFIN. No other use is permitted without prior written permission of TIFFIN.
Further, you may not:
- distribute or make available the Product or any portions of it to any third parties, except for occasional use of portions of the course materials available through the Product in the course of work on behalf of clients, provided that TIFFIN authorship and copyright notices are clearly marked (for greater certainty, this restriction includes not publishing or posting the Product or any portions of it on an internet site or networked computer environment accessible by any third party);
- make available any username or password associated with use of the Product to any third parties;
- decompile, reverse engineer, or disassemble the Product, or create any derivative works based on the Product.
An annual subscription is a one (1) year license to access courses for a prescribed fee. If a subscriber cancels the subscription prior to the end of the one (1) year term, no refund will issue if 6 or more credit hours have been earned by the subscriber. All subscriptions will automatically renew at the end of the one (1) year term unless the subscriber cancels prior to the expiration date. After the expiration of the subscription, a subscriber will no longer have access to the courses in the account but will always have access to all certificates earned.
6. Fees and Payments
You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You shall pay all applicable taxes relating to use of the Site through your account. All fees are in Canadian dollars.
7. Refund Policy
TIFFIN will provide full refunds requested within seventy-two (72) hours of the purchase date unless you have viewed any portion of the course. After the seventy-two (72) hour period, you cannot receive a refund, however, exchanges or substitutions will be provided where necessary.
8. E-Mail and Public Communication
"Q&A Forum" means letters, e-mails or other types of communications to the webmaster(s) or employees of TIFFIN, and questions/communications posted in connection with online Q&A functionality on Site. You shall not upload to, distribute through, or otherwise publish through a Q&A Forum on the Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The Q&A Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
By uploading materials to any Q&A Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) TIFFIN a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
9. Third Party Communication and Content
Third Party Communications: TIFFIN disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. TIFFIN assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Site.
Third Party Content: Third party content (including, without limitation, Postings in the Q&A Forum) may appear on the Site or may be accessible via links from this Site. TIFFIN shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Site. You understand that the information and opinions in any third party content is neither endorsed by nor does it reflect the belief or opinion of TIFFIN. Further, information and opinions provided by employees and agents of TIFFIN in the Q&A Forum or other interactive portions of the Site are not necessarily endorsed by TIFFIN and do not necessarily represent the beliefs and opinions of TIFFIN.
10. Linking To The Website And Social Media Features
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the express written consent of TIFFIN). The Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website;
- Send e-mails or other communications with certain content or links to specific content on the Website;
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites; and
- You may use these features solely as they are provided by Us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any Site that is not owned by you;
- Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
- Link to any part of the Site other than the homepage; and
- Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of this Policy
11. Links to Other Web Sites and Services
To the extent that the Website contains links to outside services and resources, TIFFIN does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
12. Not Professional Advice
The Content contained on the Website has been prepared by TIFFIN as a service to its users and is not intended to constitute legal, accounting, tax or financial advice from a professional attorney, accountant, certified financial planner, or tax preparer. TIFFIN has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Site. Users of information from the Site or links do so at their own risk.
13. Other Products
Any reference made by the Site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by TIFFIN. Content on the Site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of TIFFIN.
Your right to use this Website is not transferable. Any password or right given to you to access the Site and its Content or Products is not transferable.
The Product is provided by TIFFIN “as is” and is without representations, warranties or conditions of any kind. You assume total responsibility for the selection of the Product to achieve whatever the intended results may be, and for the use of the Product. TIFFIN DISCLAIMS AND YOU WAIVE ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TIFFIN DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE TIFFIN ATTEMPTS TO ENSURE THAT ONLINE ACCESS AND USE OF THE PRODUCT IS SAFE, TIFFIN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS COMPUTER SYSTEMS OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TIFFIN does not represent or warrant that the information contained in the Product will meet your needs. TIFFIN does not represent or warrant that the contents of the Product are identical to the original material from which the Product was derived. TIFFIN makes no representations, warranties or conditions with respect to any data gathered or obtained by TIFFIN from any source, or for present or future methodology used by TIFFIN in producing or obtaining such data. The Product does not and cannot replace the need for professional judgment as to the legal sufficiency and legal accuracy of any material contained in the Product. TIFFIN offers the Product as an aid to developing and maintaining professional competence. You acknowledge the Product does not constitute legal or other professional advice. Law is constantly evolving and changes in practice and procedure occur frequently. You must exercise your professional judgment about the correctness or applicability of the material in the Product and refer to the relevant legislation, case law, administrative guidelines and other primary sources. Any precedents contained in the Product must be used only as an initial reference point, and are not to be relied upon to the exclusion of other resources or without carefully considering their applicability to the relevant matter. The views and conclusions of authors expressed in the Product are those of the authors and not necessarily those of TIFFIN.
17. Limitation of Liability
TIFFIN WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRODUCT. TIFFIN is not responsible for any costs incurred as a result of the use of or inability to use the Product, including lost profits or revenue, loss of data, or failure to realize expected savings. In no event shall TIFFIN’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) arising from or relating to the Product exceed direct damages in an amount equivalent to the amount paid by you for the Product.
You agree to indemnify and hold TIFFIN harmless from and against any loss, cost, expense or damage arising out of any claim, suit, action or judgment brought against TIFFIN by any client of yours or any other person or entity in respect of which you use the Product arising from your use of the Product.
21. Members Can Only Receive Credit One (1) Time for Each Course
Members can only receive CLE credit one time for each course. Therefore if you take the same course in two separate reporting periods, you will only receive credit the first time you complete the program.
22. Complete Agreement
This Licence represents the entire agreement between your organization and TIFFIN with respect to the Product, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding the Product.
TIFFIN reserves the right to change this Licence. Any changes will be effective upon posting (electronic or otherwise) of a revised Licence.
24. Contact Information
You can reach us at email@example.com
LAST UPDATED: August 2014.