CRISIS READY® INSTITUTE, PBC

Terms of Service

Last Updated on June 1st, 2020

These Terms of Service (“Terms”) govern your use of the services provided by Crisis Ready Institute, PBC (“we”, “us”, “our”, or “Company”), including without limitation our website, mobile or web applications, or other digital products that link to or reference these Terms (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you”) and Company. In these Terms, “you” and “your” refer to you, a user of the Services. A “user” is you or anyone who accesses, browses, or in any way uses the Services.

Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Please see Section 13, below.

These Terms refer to our privacy policy (“Privacy Policy”), hereby incorporated by reference, which also applies to your use of the Services and which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used.

IMPORTANT: SUBSCRIPTIONS AUTOMATICALLY RENEW.

If you enroll as a member for our Subscription Services, we may, either after an initial free trial period or at the beginning of your access to the Subscription Services, bill you for an automatically-renewing subscription term for your use and access of the Services or part thereof. Please see Section 6 of these Terms for more information.

  • The Subscription Services will automatically renew until you cancel them. We will continue to bill you until you affirmatively cancel the Subscription Services.
  • You can cancel the Subscription Services whenever you want. To cancel, please email us at info@crisisreadyinstitute.com. Cancelling will end the automatic renewals of your Subscription Services, but we will keep any Subscription Fees we have already collected from you (unless we are required by law to refund them).
  • We will disclose the duration and cost of the Subscription Services before you purchase the Subscription Services and will confirm the duration and the cost of the Subscription Services via email following your purchase.

By accessing or using the Services:

(a) You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are a visitor to our Services or a registered user;

(b) If these Terms have materially changed since you last accessed or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms;

(c) You represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent; and

(d) You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that communications be in writing.

1.Accessing the Site.

We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Services. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. You are responsible for ensuring your access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) and obtaining and maintaining all equipment necessary to access the Services.

2.Account Registration and Account Security.

Some or all of the Services and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy. You are responsible for maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary.

Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not to disclose your account access credentials to any third-party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information. We encourage you to use a VPN or take other protective measures if you are accessing your account from a public computer or on a public WiFi connection, even if or when that public WiFi connection is password protected.

You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason.

3.Prohibited Uses.

You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.

You agree not to, and will not assist, encourage, or enable others to use the Services:

  • For any commercial purpose, except as expressly permitted under these Terms.
  • To violate any applicable national, regional, federal, state, local, or international law or regulation.
  • To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:
    • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
    • Violate or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy; or
    • Is likely to deceive or confuse any person.

Additionally, you agree not to, and will not assist, encourage, or enable others to:

  • Violate these Terms [or our Community Standards, available here].
  • Reverse engineer any portion of the Services.
  • Solicit, harass, or contact another user without permission.
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Company.
  • Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.
  • Record, process, harvest, collect, or mine information about other users.
  • Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
  • Use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”).
  • Use the Services to violate the security of any computer network, crack passwords or security encryption codes.
  • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing thirty (30) days’ prior written notice to us by sending an email to info@crisisreadyinstitute.com and including any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

4.IP Ownership.

We own the Services and all of our trademarks, logos, branding, and any other Content that we create or provide in connection with the Services (“Company Content”), including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Company Content and the Services (collectively, “Company IP”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Company IP are retained by us.

We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other user of the Services. You understand that when using the Services, you will be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Content”) from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content.

5.Responsibility for Your Content.

You understand and acknowledge that you alone are responsible for Content that you submit or transmit to, through, or in connection with the Services or that you publicly display or displayed in your account profile (collectively, “Your Content”), and you, not Company, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. If Your Content contains any videos or audiovisual recordings, you represent and warrant that any individuals captured in the video or recording have consented and waived any rights of publicity, privacy, or other rights under applicable law. You may not imply that Your Content is in any way sponsored or endorsed by Company. You represent and warrant that Your Content does not violate these Terms.

a.Copyright Infringement and Digital Millennium Copyright Act.

We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone infringing on your rights, please provide the following information to the “Copyright Agent”:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the Services.
  • Your address, telephone number, and email address.
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

All notices of copyright infringement claims should go to our Copyright Agent at copyright@crisisreadyinstitute.com.

b.Our Right to Use Your Content.

You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Pursuant to this grant, you agree that we may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. Please note that you also irrevocably grant the users of the Services the right to access Your Content in connection with their use of the Services. Finally, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of moral right or attribution with respect to Your Content. By “use” we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms or our other policies, (1) to maintain Your Content in confidence; (2) to pay you any compensation for Your Content; (3) to credit or acknowledge you for Your Content; (4) to respond to Your Content; or (5) to exercise any of the rights granted herein with respect to Your Content.

You further represent and warrant that any of Your Content that you provide or submit to the Services for consideration to display on the Services to other users (“Submitted Content”), is and will be original works created solely by you. We are not under any obligation to display Submitted Content, and may in our discretion, modify, curate, truncate, improve, or create derivative works of Submitted Content (“Derivatives”). Any Derivatives is and will be owned by Company, and you hereby assign any right, title, and interest you have or obtain in and to such Derivatives to Company.

6.Payment; Fees.

a.You shall pay the fees specified by Company for any purchases you make on or through the Services. You represent and warrant that all information you provide in connection with any purchase you make in connection with the Services is true and accurate. For any recurring payments, you hereby authorize Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. If Company chooses to bill through invoice, you shall pay to Company the amounts set forth on the applicable invoice within 30 days of the invoice receipt date. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.

b.Subscriptions. If you sign-up as a member for our Crisis Ready Community, Coaching Program(s), or other products or services that we offer on a subscription basis as part of the Services (collectively referred to as the “Subscription Services”), we may, either after an initial free trial period or at the beginning of your access to the Services, bill you recurring fees (“Subscription Fees”) during the automatically-renewing subscription term for your use and access of the Subscription Services.

c.Opt-Out. Unless you affirmatively opt out of automatic renewal, you hereby authorize us to renew or begin the Subscription Services automatically on a monthly basis. If you opt out of automatic renewal, your access to the Subscription Services will terminate at the end of the billing period in which you opt out. You must maintain accurate and up-to-date payment information. We assume no responsibility or liability if your access to the Subscription Services fails to renew or otherwise expires because of outdated or incorrect payment information.

d.Cancellations. You may cancel the Subscription Services at any point by emailing info@crisisreadyinstitute.com. If you cancel the Subscription Services, your access to the Subscription Services will continue until the last day of the billing period in which you cancelled, at which point it will expire. Purchase and/or redemption of the Subscription Services is final and non-refundable; if you cancel or opt out, we will not issue you any refund, including partial or pro-rated refunds, unless required to do so by law.

e.Changes. We reserve the right to modify, offer additional, or cease offering the Subscription Services at any time in our sole discretion, including but not limited to changes in Subscription Fees, modifying the availability of, and eligibility requirements for, certain Subscription Services, or modifying the features and functionality of certain Subscription Services. We will provide you with thirty (30) days prior notice via email before changes in Subscription Fees take effect. Any changes to the Subscription Fees will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current month. In the event we do migrate you to different services or modify the Subscription Fee, you may opt out of these changes by disabling auto-renewal of the Subscription Services or cancelling the Subscription Services in accordance with this Section 6, but we will not issue you any refund, including partial or pro-rated refunds, unless required to do so by law.

7.Links to other Sites.

If there are other websites and resources linked to on the Services, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the Terms and conditions of use for such websites.

8.No Guarantee of Service.

Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Company will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.

9.Disclaimer of Warranties.

a.YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES DO NOT INCLUDE, NOR WILL ANY OF THE SERVICES (IN WHOLE OR IN PART) BE CONSTRUED AS INCLUDING, IN ANY WAY WHATSOEVER, ANY LEGAL, ACCOUNTING, TAX OR OTHER PROFESSIONAL SERVICES OR ANY OTHER SERVICES OR ADVICE OF A LIKE, SIMILAR OR COMPARABLE NATURE OR ANY HUMAN RESOURCES, MEDICAL, PSYCHOLOGICAL OR PSYCHO-ANALYTICAL, NEGOTIATION (INCLUDING HOSTAGE NEGOTIATION), REGULATORY, VALUATION, ACTUARIAL, BANKING, FINANCIAL, INSURANCE, PRIVATE INVESTIGATION, CREDIT ANALYSIS, LAW ENFORCEMENT, INFORMATION TECHNOLOGY, INFORMATION SECURITY, SECURITY OR EMERGENCY RESPONSE SERVICES OR ADVICE OR ANY OTHER SERVICES OR ADVICE OF A LIKE, SIMILAR OR COMPARABLE NATURE.

b.COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, OR THAT THE PROGRAM OR ANY SERVICES OR DELIVERABLES WILL (IN WHOLE OR IN PART) MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

c.YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) COMPANY DOES NOT REPRESENT, WARRANT, PROMISE OR GUARANTY ANY PARTICULAR RESULT FROM THE SERVICES (IN WHOLE OR IN PART); (B) COMPANY ACCEPTS NO RESPONSIBILITY AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CLAIMS OR LOSSES, INCLUDING THIRD PARTY CLAIMS OR RELATED LOSSES, REGARDING ANY RESULTS, OUTCOMES, EVENTUALITIES OR EFFECTS DUE TO OR IN ANY WAY CONNECTED WITH ANY USE OR IMPLEMENTATION OF THE PROGRAM OR ANY SERVICES (IN WHOLE OR IN PART), INCLUDING ANY: (I) MATERIAL ADVERSE EFFECT ON YOUR BUSINESS OR REPUTATION OR ANY OF YOUR REPRESENTATIVES; (II) LOSS OF LIFE, PERSONAL INJURY OR SICKNESS; OR (III) DESTRUCTION, DAMAGE OR LOSS OF OR TO ANY TANGIBLE OR INTANGIBLE PROPERTY, INCLUDING REPUTATION OR GOODWILL; AND (C) COMPANY UNDERTAKES NO RESPONSIBILITY FOR INVESTIGATING OR VERIFYING THE ACCURACY OF ANY INFORMATION PROVIDED BY YOU OR ANY OF YOUR AFFILIATES OR ANY OF THEIR RESPECTIVE REPRESENTATIVES.

d.IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY" AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTION 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (Y) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.

10.Limit of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE SERVICES. COMPANY’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO FEES ACTUALLY PAID BY YOU IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED U.S. DOLLARS ($100). THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

11.Indemnification.

You shall indemnify and hold harmless Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from (a) your violation of these Terms, (b) your use of the Services, (c) any of Your Content, (d) your violation of any third party right, (e) your breach of applicable law, or (f) your negligence or willful misconduct.

12.Governing Law.

This Agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York.

13.Arbitration and Class Action Waiver.

b.Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at info@crisisreadyinstitute.com and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless you and Company agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, copyrights, trademarks or other intellectual property rights, or other proprietary rights.

c.Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

14.General Terms.

These Terms constitute the sole and entire agreement between you and Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. No waiver of these Terms by Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Company’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect.

15.Contact.

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@crisisreadyinstitute.com. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development that is owned by us, and (iv) you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.

* * * * *

Shireen Fabing

With almost twenty years of marketing experience, thirteen of which was spent in the telecom industry, Shireen brings with her an experience toolkit which includes marketing, public relations, communications, training & development, fundraising and project management.

She started her career in a PR agency and her portfolio included retail promotions and events as well as various high-profile projects for the City of Cape Town. This position came only a few short years after apartheid was lifted in South Africa and it is what she claims toughened her up for the real world. She built tenacity, resilience and grit in those early years and more importantly, learnt the importance of building contingencies around all events and programs.

When she made the move to Canada in 2002 to join her mom and siblings, she was mentally ready for the challenge of starting a new life. Circumstances found her back at school studying part time, working full time in the PR division of an ad agency, and volunteering for a not-for-profit benefitting at-risk youth. It was in this latter portion of her journey that she found a passion for Sponsorship Marketing & Special Events.

Accepting an entry level marketing position at a large Canadian telco to get her foot in the door, Shireen quickly gained not only the North American experience she was lacking, but also credibility with internal and external stakeholders, with her strongest suite being that she was always prepared for whatever would prove to come. She enjoyed getting to see some of Canada while showcasing some of the biggest concerts, festivals, theme park & sports activations, along with a multitude of innovative product launches.

The personal pride of her career was finding non-traditional sales venues where she successfully “married” marketing tactics and sales with a profitable outcome for the organization.

Shireen’s bio is not complete without talking about her boxing life. Initially she started the sport to help her create a work-life balance, however in 2013, when she was asked to compete in her first sanctioned charity bout, she humbly obliged.

The Fight to End Cancer was founded in 2011 and has donated over $1.5M to date in support of cancer research with proceeds going directly to support the Princess Margaret Cancer Foundation. This didn’t come as a shock to her family, friends or colleagues as they knew she’d be all in for training and fundraising! Training like a fighter was no different from the day-to-day boardroom she was used to – only with gloves, her self-motivation and a will to win! She was the first female corporate fighter to enter the ring for this annual event and with her opponent, they set the stage for future female bouts in coming years as they claimed bragging rights for “fight of the night”.

Today she continues to support the initiative, pursuing the sport as an amateur boxer and boxing coach allowing her to share her passion for the sport that found her.

Shireen spreads the word that she is living proof that you can do whatever you set your mind to, no matter what stage you’re at in life. Her personal mantra – strong is my beautiful – has turned into the driving force that is behind the self- proclaimed “Machine”.

Detective Frank Rivas

High Tech Professional with diverse,domestic and international background: Business Development, Operations Management, Program/Project Management, Partner Management, Process Improvement. Additional experience includes: asset and brand protection, threat/risk analysis.

Always interested in new challenges, dynamic work environment which provides intellectual stimulation and professional growth.

Specialties: Partner management, supply chain management, Operations Management, Latin American region, Public Safety, Risk/Threat Analysis, Leader / Talent Development

Peter Willis

My gift is to help individuals and groups of people think wider and deeper together than they might otherwise, especially about matters of critical importance. My current work is to help decision-makers reflect on, and learn from, their response to crisis.

Dr. Rafik Chaabouni

Specialities: Cryptography, Security, public key cryptography, range proof, set membership, certificate revocation.

Tom Compaijendion

Working on a future-proof crisis organization

✓ CRISIS MANAGEMENT IS CUSTOMIZATION A lot comes to your organization during a crisis. It is not always easy for employees to switch quickly from daily activities to the ‘crisis position’, with clearly defined roles, tasks, sharp processes and short consultations. Many employees are too little concerned with crisis on a daily basis to be really good at it. In short: crisis management is always tailor-made – and that is not always easy in a crisis situation, in which crisis consultations are often unstructured and go in all directions. I ensure that crisis organizations are better prepared for a crisis through advice, training, training and practice, so that they take the right actions more quickly, maintain confidence in the organization and thus prevent the crisis from becoming a ‘reputation crisis’.

✓ ANALYSIS AND YOUR ENVIRONMENT IN IMAGES A crisis places high demands on communication: the public and stakeholders expect a quick response (within an hour); the reaction must be visible among the thousands of messages on social media and one must take into account that the emotion wins over the ratio. I help organizations to set priorities and, in the midst of the complex playing field, to maintain good coordination with all stakeholders and to take on the role for which the organization is responsible.

✓ IMPACT ON YOUR ORGANIZATION In times of terrorism, (a growing number of) cyber attacks, coronavirus and other crises, knowledge of crisis management and crisis communication is crucial. After all, a crisis poses a risk of (image) damage. Most companies are therefore working on it, but despite the training, it turns out that it does not work well during an exercise. I guide and advise organizations in the transition to a more organized and partly automated information management system.

✓ROADMAP TO PERFECTION Compaijen Crisis Management and Communication has knowledge and experience at all levels: both national (Ministries), local (municipality of Amsterdam, security region) but also international (United Nations, EU consultation). As a trainer, I am one of the few with exceptional crisis experience. This allows me and we are able to convey a clear story with interesting cases and keep things simple. We always aim to make the organization truly better – and not just to complete training.

*Translated from Dutch

Andrea Bonime-Blanc

Andrea Bonime-Blanc, JD/PhD, is CEO and Founder of GEC Risk Advisory and a global governance, risk, ESG, ethics, cyber and crisis strategist, serving a broad cross-section of business, nonprofits, and government agencies. Since 2017, she has served as the Independent Ethics Advisor to the Financial Oversight and Management Board for Puerto Rico.

Dr. Bonime-Blanc spent two decades as a c-suite global corporate executive at Bertelsmann, Verint, and PSEG overseeing legal, governance, risk, ethics, corporate responsibility, crisis management, compliance, audit, InfoSec and environmental health and safety, among other functions. She began her career as an international corporate lawyer at Cleary Gottlieb, was born and raised in Europe and is multi-lingual.

She serves on several Boards and Advisory Boards including Greenward Partners (a Spanish green energy firm), Ethical Intelligence (an EU-based AI ethics firm), ProtectedBy.AI (A US based AI cybersecurity firm), Epic Theatre Ensemble (a NYC nonprofit), the NACD New Jersey Chapter and NYU Stern-based think tank, Ethical Systems. She also serves as a Governance Mentor at Plug & Play Tech Centre, a global start-up eco-system. She is a NACD Board Leadership Fellow and Governance faculty and holds the Carnegie Mellon CERT Certification in Cyber-Risk Oversight.

Andrea is a global speaker, including at Davos, and appears regularly on Bloomberg TV, Yahoo Finance, Cheddar and other media. She is faculty at NYU’s Center for Global Affairs Masters program teaching “Cyber Leadership, Risk Oversight and Resilience”. She is an extensively published author of many articles and several books including The Reputation Risk Handbook, Emerging Practices in Cyber-Risk Governance and The Artificial Intelligence Imperative. Her latest book, Gloom to Boom: How Leaders Transform Risk into Resilience and Value (Routledge 2020) debuted as an Amazon #1 Hot Release in Business Ethics and Game Theory. She lives in New York City with her family and is an avid photographer and artist.

Marylène Ayotte

Marylene is a Life Transformation Consultant, Trainer and Coach licensed with The Brave Thinking and HeartMath Institutes, premier training centers for transformational coaching in California. She also holds a Bachelor’s Degree in Business and Human Resources Administration and a Master’s Degree in Organizational Communications and Change Management.

Through her professional career and track record of over 20 years as a Coach, HR Executive Leader and Change Management expert in medium and large corporations, Marylène now shares her know-how & proficiencies through inspiring workshops and in-depth, proven and reliable transformational coaching tools and programs.

Marylene’s passion is to inspire in others self-reflection and greater awareness leading to growth mindsets and behavioural changes. As a result, individuals reach and sustain new heights in performance, success and vitality.

Licy M. Do Canto

As Executive Vice President and Managing Director in the BCW Public Affairs and Crisis practice, Licy drives healthcare and social impact policy and strategy, and helps shape strategic direction on diversity, inclusion and belonging for the firm and its clients across North America, in public and corporate affairs, government relations, communications, crisis and reputation management. Licy also leads the BCW Healthcare Team in Washington, D.C.

An expert in public affairs, policy and diversity and inclusion, with over twenty five years of experience at the international, national, state and local levels across the nonprofit, philanthropic, corporate and government sectors, Licy is an accomplished, values-driven leader with unparalleled experience in developing and leading integrated public affairs campaigns combining strategic communications, public relations, political/legislative initiatives, policy, coalition building, grassroots efforts and advocacy.

Before joining BCW, Licy built and lead a nationally recognized minority owned strategic public affairs and communications firm, served as Health Practice Chair and Principal at The Raben Group, was the Chief Executive Officer of The AIDS Alliance for Children, Youth and Families, and managed and helped set the leadership direction for strategic policy, communications, and advocacy investments in executive and senior government affairs roles for the American Cancer Society and the nation’s Community Health Centers.

Before joining the private sector, Licy was domestic policy advisor to U.S. Congressman Barney Frank and served in several capacities in the Office of Senator Edward M. Kennedy. During his extensive tenure in Washington, D.C., Licy has played a leading role in efforts to draft, shape and enact legislation and policy to improve the public health, health care safety net and the lives, livelihoods and well-being of the nation’s disadvantaged and underserved communities. 

Licy also has worked with Moet Hennessey to drive diversity and inclusion on Wall Street and corporate America. He has partnered with Vice President Al Gore, senior government officials, scientists, NGOs and activists, on global climate change impact and sustainability across Africa. And he was appointed by Republican and Democrat governors to oversee the conservation, preservation and management of a prominent U.S. national historic landmark.

Licy is a graduate of Duke University and holds a certificate in public health leadership in epidemic preparedness and management from the University of North Chapel Hill—School of Public Health and Kenan Flagler Business School, and is the recipient of multiple industry awards and citations for his leadership, policy and public affairs acumen, including being named to The Hill Newspaper list of most influential  leaders in Washington, D.C. consecutively over the last ten years. As a global citizen, Licy has lived in Turkey and Spain, and is fluent in Spanish and Cape Verdean Portuguese.

Melissa Agnes

  • Recognized globally as an expert, thought-leader and visionary in the field of crisis management.
  • Has worked with global players, including NATO, the Pentagon (DoD), Ministries of Foreign Affairs and Defense, financial firms, technology companies, healthcare organizations, cities and municipalities, law enforcement agencies, aviation organizations, global non-profits, etc.
  • Author of Crisis Ready: Building an Invincible Brand in an Uncertain World—ranked amongst the leading crisis management books of all time and named as one of the top ten business books of 2018 by Forbes.
  • Creator of the Crisis Ready Model–which is recognized and being taught as leading industry best practice in universities and higher education curriculums around the world, including at Harvard University.
  • Sits on the panel tasked with developing the International Standard for Crisis Management— ISO 22361, Guidelines for developing a strategic capability.
  • Visiting scholar at D’Youville University, where she co-created and co-teaches a Crisis Ready Program for young college students.
  • Sits on Police Professional Standards, Ethics and Image Committee for the International Association of Chiefs of Police.
  • Global Advisor for The Institute for Strategic Risk Management (ISRM), a global player established to help progress and promote the underlying understanding and capabilities associated with strategic risk and crisis management on a global scale.
  • Leading international keynote speaker on the subject and TEDx alumna.
  • Founder of the Crisis Ready™ Community.

Erick Anez

Erick Anez is the Global Head of Business Resilience at Finastra. Erick is a proven leader with well over a decade of experience leading change and transformation in the Operational Resilience field.

His hands-on approach focuses on operational learning, culture, and reputational management. Erick holds a Bachelor of Emergency & Homeland Security, Graduate studies in Security and Disaster Management, is a Certified Business Continuity Professional (CBCP), Certified Risk Management Professional (CRMP), graduate of the FEMA institute in Incident Management and Command, and is a respected member of Public-Private partnerships within the Department of Homeland Security (DHS), Federal Bureau of Investigations (FBI) and  the Federal Emergency Management Agency (FEMA).

Some of his most notable achievements in the field include leading the private sector response to Hurricane Maria as well as working with the Department of Homeland Security (DHS) in Continuity of Operations (CCOP) projects for mission-critical facilities in the United States. Erick has also trained with the Center for Disease Control (CDC) in Infectious Disease Planning and community response, including Point of Dispensing initiatives.

From 2016 to 2019, Erick held several roles at Crowley and, most recently, was the company’s Managing Director of Safety & Resilience. During this time, he was responsible for resilience operations supporting all business segments as well as leading the organization’s safety culture improvement journey. At Crowley, he led the Occupational Health & Safety, Business Continuity, and Crisis Management teams.

Before joining Crowley, Erick held similar roles at Southwest Gas and Third Federal Savings & Loan.

Aaron Marks

Aaron Marks is a Senior Principal with Dynamis, Inc. where he supports clients across the domestic National and Homeland Security communities and international public safety enterprise. He provides operational and subject matter expertise in intelligence analysis and targeting, disaster preparedness, crisis and incident management, and continuity of operations for healthcare related concerns. Aaron has provided in-depth review, assessment, and analysis for technology, policy, and operational programs impacting all levels of government. He is a recognized authority on the application of nontraditional techniques and methodologies to meet the unique requirements of training, evaluation, and analytic games and exercise for the National and Homeland Security communities.

Prior to joining Dynamis, Aaron was the Director of Operations for a commercial ambulance and Emergency Medical Services (EMS) provider in western New York State where he participated in the integration of commercial EMS and medical transportation resources into the local Trauma System. During his 30-year career Aaron has worked in almost every aspect of EMS except fleet services. This includes experience in Hazardous Materials and Tactical Medicine, provision of prehospital care in urban, suburban, rural, and frontier environments, and acting as a team leader for both ground and aeromedical Critical Care Transport Teams.

Aaron is a Master Exercise Practitioner and received a B.A. in Psychology from Texas Tech University in Lubbock, Texas and a master’s degree in Public Administration with a focus in Emergency Management from Jacksonville State University in Jacksonville, Alabama. He is also a Nationally Registered Paramedic and currently practices as an Assistant Chief with the Amissville Volunteer Fire and Rescue Department, Amissville Virginia.

Chris Hsiung

With extensive experience from over 29 years in law enforcement, Chris is part of the Mountain View Police Department executive team and currently serves as the Deputy Police Chief, managing day to day operations and spearheading efforts in leadership development, succession planning, and maintaining MVPD’s role as a progressive law enforcement organization in the 21st century. His tenure in the department has given him considerable experience in investigations, SWAT/tactical operations, technology and crisis management.

Chris is passionate about helping government and communities connect and engage with each other. He is a digital media influencer, conference speaker, and innovator on the topic of social media, crisis communications and management, community engagement, and digital strategy. In April 2017 Government Technology Magazine honored him as a “Top 25 Doer, Dreamer and Driver” and Government Social Media awarded him the “2017 Top Social Media Advocate in Government.” In addition, ELGL voted Chris #5 on their annual Chris Traeger Top 100 list of government influencers.

Chris serves as president for the Government Social Media Organization (GSMO) leadership council and IACP PIO Section vice-chair for the southwest United States.

Chris also serves as a commissioner for the City of San Mateo Community Relations Commission and board member for the Peninsula Conflict Resolution Center.

Ashley Davis

Ashley is a Brand and Marketing Strategist who partners with CEOs, executives and solopreneurs to grow their personal and professional brands. After spending over a decade working in strategic communications for multimillion dollar brands and startups, Ashley knows what truly drives conversations, builds mutually beneficial relationships between organizations and their stakeholder groups and attracts strong strategic partnerships.

Ashley has helped organizations and leaders increase employee awareness and overall understanding of the company vision. She has strong experience / knowledge of social media tools and techniques for driving awareness, reputation and brand—and is known for advancing a company’s messaging in the marketplace by growing the following of now multiple multimillion dollar brands and startups.. 

Ashley has served as the Editor of monthly all employee publications by managing the planning, writing and production. She is an integral part of new product launches and is frequently engaged to train entire sales teams along with channel / distribution partners on new product launches. In addition to her extensive experience, Ashley is a trained business coach.

Ashley holds a BA in Global Business Management from the University of Phoenix.

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