Forensic Pocket Guide User Agreement

This user agreement will be effective for all users as of August 1, 2021.

Welcome to the Forensic Pocket Guide!

This user agreement is a contract between you and Forensic Pocket Guide LLC, governing your use of your Forensic Pocket Guide account and the Forensic Pocket Guide services.

By opening and using a Forensic Pocket Guide account, you agree to comply with all of the terms and conditions of this user agreement, including the Fee pages, and any upcoming changes described in our Policy Updates page at the time you accept this user agreement (which changes will apply to you on the indicated effective dates).  These terms include an agreement to resolve disputes by arbitration on an individual basis.  You also agree to comply with each of the other agreements on the Legal Agreements page that apply to you and the following additional policies:

• Acceptable Use Policy

• Electronic Communications Delivery Policy (E-sign Disclosure and Consent)

Please read carefully all of the terms and conditions of this user agreement, the terms of these policies, and each of the other agreements that apply to you.

We may revise this agreement and any of the policies listed above from time to time.  The revised version will be effective at the time we post it, unless otherwise noted.  If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website.  If you accepted this user agreement prior to us posting notice of such changes on the Policy Updates page, we will also provide you with at least 21 days’ advance notice for any changes impacting personal accounts.  By continuing to use our services after any changes to this user agreement, you agree to abide and be bound by those changes.  If you do not agree with any changes to this user agreement, you may close your account.

Opening a Forensic Pocket Guide Account

We offer a personal Forensic Pocket Guide user account.

All Forensic Pocket Guide accounts will allow you to do things like:

• Access a variety of forensic resources to be used at your discretion

• Access a user forum where you can ask and answer questions and participate in forum conversations

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you may use to access your Forensic Pocket Guide account and the Forensic Pocket Guide services.  You must keep your email address and other contact information current in your Forensic Pocket Guide account profile. 

Closing Your Forensic Pocket Guide Account

You may close your Forensic Pocket Guide account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your Forensic Pocket Guide account even after the Forensic Pocket Guide account is closed.  Your account access is purchased in either recurring monthly or yearly payments.  Once we have been notified of your intent to close your account, your account will remain open, and your user access will be available for the remainder of the time period for which payment has already been received.  Once that period of time has passed, your account will be closed, and your user access will be terminated.  You may cancel a recurring automatic payment up to 3 Business
Days before the date of your next scheduled payment from your account settings or by contacting us at info@forensicpocketguide.com.

Link or Unlink a Payment Method

You can link or unlink certain payment methods such as a credit card, debit card, or a U.S. bank account to your Forensic Pocket Guide account.  Please keep your payment method information current (e.g., credit card number and expiration date). If you card is declined and your membership fees are not able to be processed, your user access will be terminated until the card information is updated and your membership fee has been processed.    

Automatic Payments

Your account can be set up for monthly or yearly recurring payments.  The payments will be charged at regular intervals each month or year, based on the date you initial signed up as a Forensic Pocket Guide user.  You may cancel a recurring automatic payment up to 3 Business Days before the date of your next scheduled payment from your account settings or by contacting us at info@forensicpocketguide.com.  Once your automatic payment is cancelled, all future automatic payments for your user access will be cancelled. 

Refunds

If you cancel your Forensic Pocket Guide user account within three days of creating it, you are eligible for a full refund of the cost of your subscription.  After the initial three-day time frame has passed, your user account will be eligible for use for the remainder of that paid subscription term.  Upon the completion of the subscription term, your user access will be terminated.

Payment Methods

Automatic Payments

You can set up your Forensic Pocket Guide user account to automatically renew with recurring monthly or yearly payments.  You may cancel a recurring automatic payment up to 3 Business Days before the date of your next scheduled payment from your account settings or by contacting us at info@forensicpocketguide.com.  Once your automatic payment is cancelled, all future automatic payments for your user access will be cancelled.

Bank Account Transfers

When you use your bank account as a payment method, you are allowing the Forensic Pocket Guide to initiate a transfer from your bank account to Forensic Pocket Guide LLC.  For these transactions, Forensic Pocket Guide will make electronic transfers from your bank account in the amount specified.  You authorize Forensic Pocket Guide to try this transfer again if the initial transfer is rejected by your bank for any reason.

Debit/Credit Card Processing

Forensic Pocket Guide will process your debit or credit card through either the ATM debit network or the Visa, MasterCard, American Express or Discover network.  

Restricted Activities

In connection with the use of our websites, your Forensic Pocket Guide account, the Forensic Pocket Guide services, and your interactions with other Forensic Pocket Guide users, you must not:

• Breach this user agreement, the Forensic Pocket Guide Acceptable Use Policy, or any other agreement between you and Forensic Pocket Guide;

• Violate any law, statute, ordinance or regulation;

• Act in a manner that is defamatory, libelous, threatening, or harassing;

• Provide false, inaccurate or misleading information;

• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide us;

• Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Forensic Pocket Guide services

• Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;

• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Forensic Pocket Guide services) operated by us or on our behalf, any of the Forensic Pocket Guide services or other users’ use of any of the Forensic Pocket Guide services

• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;

• Circumvent any Forensic Pocket Guide policy or determinations about your Forensic Pocket Guide account such as temporary or indefinite suspensions or other account holds, limitations and/or restrictions, including, but not limited to, attempting to open a new or additional Forensic Pocket Guide account when your account has been restricted, suspended or otherwise limited, attempting to open a new or additional Forensic Pocket Guide account using information that is not your own (e.g. name, address, email address, etc.), or using someone else’s Forensic Pocket Guide account; or

• Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you have engaged in any of these activities, we may take a number of actions to protect Forensic Pocket Guide LLC, its customers and others at any time in our sole discretion.  The actions we may take include, but are not limited to, the following:

• Terminate this user agreement, limit your Forensic Pocket Guide account, close or suspend your Forensic Pocket Guide account, immediately and without penalty to us;

• Refuse to provide the Forensic Pocket Guide services to you in the future;

• Limit your access to our websites, software, systems (including any networks and servers used to provide any Forensic Pocket Guide services) operated by us or on our behalf, your Forensic Pocket Guide account or any of the Forensic Pocket Guide services;

• Updated inaccurate information your provided us;

• Take legal action against you;

• If you have violated our Acceptable Use Policy, then you’re also responsible for damages to Forensic Pocket Guide caused by your violation of this policy

If we close your Forensic Pocket Guide account or terminate your use of the Forensic Pocket Guide services for any reason, we will provide you with notice of our actions.

Account Limitations

Limitations are implements to help protect Forensic Pocket Guide LLC and Forensic Pocket Guide users when we notice restricted activities, or activity that appears to us as unusual or suspicious.  There are several reasons why your Forensic Pocket Guide account could be limited, including:

• If we suspect that someone could be using your Forensic Pocket Guide account without your knowledge, we will limit it for your protection to check into the fraudulent activity.

• If your debit or credit card issuer alerts us that someone has used your card without your permission.

• In order to comply with applicable law.

• If we believe in our sole discretion that you have breached this agreement or violated the Acceptable Use Policy.

Unless a permanent limitation is placed on your account, you will need to resolve any issues with your account before a limitation can be removed.  Normally, this is done after you provide us with the information we request.  However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect Forensic Pocket Guide, our users, a third party, or you from fines, penalties, legal and/or regulatory risks and any other liability.

Communications Between You and Us

If you provide us your mobile phone number, you agree that Forensic Pocket Guide and its affiliates may contact you at that number in person, via autodialed or prerecorded messages, or via text messages to: (i) service your Forensic Pocket Guide account, (ii) investigate or prevent fraud, (iii) collect a debt.  We will not use calls or text messages to contact you for marketing purposes unless we receive your prior express written consent.  We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent.  You do not have to agree to receive calls and text messages to your mobile phone number in order to use and enjoy the products and services offered by Forensic Pocket Guide.  You can decline to receive calls or text to your mobile phone number by updating your preferences in your Forensic Pocket Guide account settings at www.forensicpocketguide.com, by contacting us at info@forensicpocketguide.com or by replying STOP to a message.  The frequency of messages may vary, and standard telephone minute and text charges may apply.  Neither we nor your phone carriers are liable for delayed or undelivered messages.

Forensic Pocket Guide may communicate with you about your Forensic Pocket Guide account and the Forensic Pocket Guide services electronically as described in our Electronic Communications Delivery Policy.  You will be considered to have received a communication from us, if it is delivered electronically, 24 hours after the time we post it on our website or email it to you.  You will be considered to have received a communication from us, if it is delivered by mail, 3 Business Days after we send it.

Written notices to Forensic Pocket Guide LLC must be sent via postal mail to: Forensic Pocket Guide LLC, 3604 Gatwick Manor Lane, Melbourne, FL 32940.

You understand and agree that, to the extent permitted by law, Forensic Pocket Guide may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Forensic Pocket Guide or its agents for quality control and training purposes or for your own protection.  You acknowledge and understand that while your communications with Forensic Pocket Guide may be overheard, monitored or recorded, not all telephone lines or calls may be recorded by Forensic Pocket Guide, and Forensic Pocket Guide does not guarantee that recordings of any particular calls will be retained or retrievable.

Forensic Pocket Guide’s Rights

Forensic Pocket Guide Suspension and Termination Rights

Forensic Pocket Guide, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Forensic Pocket Guide services) operated by us or on our behalf or some or all of the Forensic Pocket Guide services for any reason and at any time upon notice to you.

No Waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or by others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “Forensic Pocket Guide” to refer to Forensic Pocket Guide LLC, our parent Gap Science LLC, and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers.  Our affiliates include each entity that we control, we are controlled by, or we are under common control with.

Indemnification

You must indemnify Forensic Pocket Guide for actions related to your Forensic Pocket Guide account and your use of Forensic Pocket Guide services.  You agree to defend, indemnify and hold Forensic Pocket Guide harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of Forensic Pocket Guide services, your violation of any law or the rights of a third party and/or actions or inactions of any third party to whom you grant permissions to use your Forensic Pocket Guide account or access our websites, software, systems (including any networks and servers used to provide any of the Forensic Pocket Guide services) operated by us or on our behalf, or any of the Forensic Pocket Guide services on your behalf.

Limitation of Liability

Forensic Pocket Guide’s liability is limited with respect to your Forensic Pocket Guide account and your use of the Forensic Pocket Guide services.  Forensic Pocket Guide is a compilation of published articles, textbooks, research and personal experiences intended to be utilized in an “information only” way.  Content contained within the Forensic Pocket Guide is in no way intended to replace any entities’ standard operating procedures or policies.  Forensic Pocket Guide does not have control over how users interpret and/or use the information contained within, or products and services we provide, and Forensic Pocket Guide recommends that all users follow their employer’s policies and procedures first and foremost, using the Forensic Pocket Guide resource only as a general guideline and helpful tool when needed.  Should the information in the Forensic Pocket Guide conflict with the policies and procedures of a user’s agency, the user should follow the policies and procedures set forth by their agency and disregard the suggested information provided in the Forensic Pocket Guide.  The Forensic Pocket Guide shall under no circumstances be responsible or held liable for a Forensic Pocket Guide user’s failure to follow the policies and procedures set forth by their agency,   

In no event shall Forensic Pocket Guide be liable for any special, incidental or consequential damages arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Forensic Pocket Guide services) operated by us or on our behalf, any of the Forensic Pocket Guide services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of the direct damages.  In addition, to the extent permitted by applicable law, Forensic Pocket Guide is not liable, and you agree not to hold Forensic Pocket Guide responsible, for any damages or losses (including, but not limited to, loss of money, goodwill/reputation, other intangible losses or any special, indirect or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Forensic Pocket Guide services) operated by us or on our behalf, or any of the Forensic Pocket Guide services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Forensic Pocket Guide services) operated by us or on our behalf, or any of the Forensic Pocket Guide services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Forensic Pocket Guide services) operated by us or on our behalf, or any of the Forensic Pocket Guide services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Forensic Pocket Guide services) operated by us or on our behalf, or any of the Forensic Pocket Guide services; (5) the content, actions, or inactions of third parties; (6) a suspension or action taken with respect to your Forensic Pocket Guide account; or (7) your need to modify your practices, content, or behavior as a result of changes to this user agreement or Forensic Pocket Guide policies.

Release of Forensic Pocket Guide

If you have a dispute with any Forensic Pocket Guide account holder, you release Forensic Pocket Guide from any and all claims, demands and damages (actual and consequential) oof every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Intellectual Property

Forensic Pocket Guide’s Trademarks

“ForensicPocketGuide.com,” “Forensic Pocket Guide,” and all logos related to the Forensic Pocket Guide services are either trademarks or registered trademarks of Forensic Pocket Guide, Forensic Pocket Guide licensors, or Gap Science LLC.  You may not copy, imitate, modify or use them without Forensic Pocket Guide’s prior written consent.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Forensic Pocket Guide.  You may not copy, imitate, modify or use them without our prior written consent.  All right, title and interest in and to the Forensic Pocket Guide websites, any content thereon, the Forensic Pocket Guide services, the technology related to the Forensic Pocket Guide services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Forensic Pocket Guide and its licensors.

License Grants

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement with Forensic Pocket Guide’s prior written consent.  Forensic Pocket Guide may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Business Days

“Business Day(s)” means Monday through Friday, excluding holidays when Forensic Pocket Guide’s offices are not considered open for business in the United States.  Holidays include New Year’s Day (January 1), Martin Luther King Jr’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veteran’s Day (November 11), Thanksgiving Day (the fourth Thursday in November), Christmas Eve (December 24) and Christmas Day (December 25).  If a holiday falls on a Saturday, Forensic Pocket Guide observes the holiday on the prior Friday.  If a holiday falls on a Sunday, Forensic Pocket Guide observes the holiday on the following Monday.

Governing Law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in the user agreement, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Forensic Pocket Guide.

Identity Authentication

You authorize Forensic Pocket Guide, directly or through third parties, to make any inquiries we consider necessary to verify your identity.  This may include:

• Asking you for further information, such as your date of birth, your physical address and other information that will allow us to reasonably identify you;

• Requiring you to take steps to confirm ownership of your email address or financial instruments;

• Requiring you to provide your driver’s license or other identifying documents.

Forensic Pocket Guide reserves the right to close, suspend, or limit access to your Forensic Pocket Guide account and/or the Forensic Pocket Guide services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

Privacy

Protecting your privacy is very important to us.  Please review our Privacy Statement in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Translation of Agreement

Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement.  In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.