TERMS OF SERVICE
Date of Last Revision: 02 January 2019
Welcome to Crisis Medicine’s online video series Tactical Casualty Care, and related videos. Crisis Medicine LLC (“Company,” “we,” “us,” “our”) provides its services (described below) to you through its website located at crisis-medicine.com (the “Site”) (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted unless we’re announcing new functions or forced to change them sooner for legal reasons. Your continued use of the Service after the date changes become effective constitutes your acceptance of the new Terms of Service.
Access and Use of the Service
The Service is designed to provide online classes. Access will be permitted to view each course up to three times, within the following time frames: the Tactical Casualty Course must be watched within three months; the Advanced TC2 Course must be watched within 6 months; and the Complete TC2 Course within 9 months. Any selections must be watched within 30 days of the purchase date. Not enough time? Email us and we’ll see what we can do about an extension.
The Crisis Medicine Service and any content viewed through our service are solely for your personal and non-commercial use. With your Crisis Medicine purchase, we grant you a limited, non-exclusive, non-transferable, license to access the Crisis Medicine content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances or group viewing. Watch the course, enjoy it, invite others to purchase their own licenses, please. You can’t share yours.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We strive to train only the good guys; bad guys need not apply for training here.
Your Registration Obligations
Member Account, Password, and Security
You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Crisis Medicine of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Crisis Medicine will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service
Crisis Medicine reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree Crisis Medicine will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage
Crisis Medicine may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service. Use of the Service constitutes your agreement to these conditions. Crisis Medicine reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge Crisis Medicine reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
Should you become dissatisfied with your class within the first 30 days after purchase and have not substantially completed the course, Crisis Medicine will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers more than 30 days after a purchase, or if the entire course has been viewed. Refunds are not available for accounts which have violated the terms of service; violations are determined at Crisis Medicine’s sole discretion. If Crisis Medicine determines you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee email logistics@Crisis Medicine.com.
Conditions of Use
Users should enjoy the service for its intended purpose: training to prove critical first aid response to the best of their abilities, within applicable law. Do the right thing.
Users may not:
- Engage in conduct on the Crisis Medicine site which restricts or inhibits anyone else from using or enjoying the Service, or which may expose Crisis Medicine or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Violate any applicable local, state, national or international law, or any regulations having the force of law;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Advertise or offer to sell or buy any goods or services for any business purpose;
- Promote any criminal activity or enterprise or provide instructional information about illegal activities;
- Or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Any violations will be subject to the sole discretion and judgment of Crisis Medicine.
You will be required to select a payment plan and provide Crisis Medicine information regarding your credit card or another payment instrument to access classes. You represent and warrant to Crisis Medicine that such information is true and you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You agree to pay Crisis Medicine the amount specified in accordance with the terms of such class and this Terms of Service. You hereby authorize Crisis Medicine to bill your payment instrument immediately, and registration for a class constitutes Agreement to pay any charges so incurred. If you dispute any charges you must let Crisis Medicine know within sixty (60) days after the date that Crisis Medicine charges you.
We reserve the right to change the prices. If you continue to use the Service after the price change becomes effective, this constitutes your agreement to pay the changed amount. You shall be responsible for all taxes or fees associated with your use of the service on your end.
Special Notice for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized in writing by Crisis Medicine, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. This section prohibits uploading any video content to internet sites, including YouTube, Vimeo, or any other video sharing services now known or created in the future. This section also prohibits subsequently teaching Crisis Medicine’s content or course to others, for profit or not.
Intellectual Property Rights
Service Content, Software, and Trademarks
You acknowledge and agree the Service may contain content or features (“Service Content”) that are protected by copyright, trademark, trade secret or, other proprietary rights and laws. Except as expressly authorized by Crisis Medicine, you agree not to use in any way or create derivative works based on the Service or the Service Content, in whole or in part, including by scraping, taping, or otherwise stealing the educational content of Crisis Medicine.
In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Crisis Medicine.
The Crisis Medicine name and logos are trademarks and service marks of Crisis Medicine (collectively the “Crisis Medicine Trademarks”). Sometimes products from other vendors may appear in our educational materials: they are not affiliated with Crisis Medicine and retain their own marks. By allowing you to take our classes, we’re not giving you any rights to our Trademarks, service marks, proprietary, or Copyrighted products. If you’d like to use our stuff, please contact us in writing for permission.
User Content Transmitted Through the Service
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Crisis Medicine are non-confidential and Crisis Medicine will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree Crisis Medicine may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Crisis Medicine, its users and the public. You understand that the technical processing and transmission of the Service, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Crisis Medicine respects the intellectual property of others, and we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Crisis Medicine of your infringement claim in accordance with the procedure set forth below.
You may contact us by mail or facsimile at:
Crisis Medicine LLC
9155 SW Barnes Road, Suite 420
Portland, OR 97225
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you as to a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you see material you believe belongs to Crisis Medicine on an outside site or source, we would appreciate having that information too: You can point us in the right direction and email the information to us at: firstname.lastname@example.org.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Crisis Medicine has a policy of terminating, in appropriate circumstances and at Crisis Medicine’s sole discretion, users who are deemed to be repeat infringers. Crisis Medicine may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide links or other access to other sites and resources on the Internet. Crisis Medicine has no control over such sites and resources and you follow the links and use the sites at your own risk. Crisis Medicine will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree Crisis Medicine is not liable for any loss or claim you may have against any such third party.
Social Networking Services
Crisis Medicine is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Crisis Medicine is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services.
We love positive reviews. If you’d like to post one to social media, thank you. If you have a complaint or negative review, please consider contacting us first to see if we can turn that frown upside-down and make you a happy, well-trained customer. Email us at email@example.com.
Indemnity and Release
You agree to release, indemnify and hold Crisis Medicine and everyone associated harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, or your violation of these Terms of Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
Accuracy of Information
We strive to provide up-to-date, cutting edge information and training, but in today’s über connected, litigious society, no one can keep up with every change. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and to educate yourself on advances in the techniques and tactics taught.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Crisis Medicine WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Crisis Medicine HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Crisis Medicine’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Crisis Medicine IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At the end of the day, we want our customers and those who train with Crisis Medicine to be satisfied and prepared to go out into the world to be a force multiplier for good. If that’s not you, email us so we can see what we can do to remedy the situation: firstname.lastname@example.org
Arbitration, Termination, and General
These Terms of Service constitute the entire agreement between you and Crisis Medicine and govern your use of the Service, superseding any prior agreements between you and Crisis Medicine with respect to the Service. These Terms of Service will be governed by the laws of the State of Oregon without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Crisis Medicine agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Portland, Oregon.
The failure of Crisis Medicine to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings subject to the same conditions as other business documents and records. You may not assign this Terms of Service without the prior written consent of Crisis Medicine, but Crisis Medicine may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
You agree Crisis Medicine, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason including, without limitation, for lack of use, or if Crisis Medicine believes you violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Crisis Medicine may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Crisis Medicine may immediately deactivate or delete your account. Further, you agree that Crisis Medicine will not be liable to you or any third party for any termination of your access to the Service.
Look: this is where most websites would put in a really long legal mumbo-jumbo section that benefits themselves. At Crisis Medicine, we want you to enjoy our product. If you feel you need to invoke our money-back guarantee, do so.
If you choose to progress to legal remedies beyond that, then we need to get into the tiny print: All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration. Any arbitration will be held in Portland, Oregon, before a single arbitrator mutually agreed upon by the parties, unless specifically modified in the Terms of Service. If you need to go down this path, it has to begin within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator will make a decision within sixty (60) days of the conclusion of the arbitration.
The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not do any tricky stuff to multiply actual damages, award punitive damages, or any other damages specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction, but jurisdiction is presumed to lie in Portland, Oregon, USA.
Notwithstanding the provisions of the introductory section above, if Crisis Medicine changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service ), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above. By rejecting any change, you agree you will arbitrate any dispute between you and Crisis Medicine in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
No one likes to be disappointed, and returns are a hassle for everyone involved. If you’d like to return a product you ordered from our store, please email email@example.com. All returns must be processed within 14 days of receipt and must be in new, unused condition.
From time to time we may offer items for sale of interest to our customers. Those items will be, as closely as possible, accurately described, but sometimes colors or images will not display on computer monitors accurately; thus, we do not make any warranty or guaranty in this regard. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Questions? Concerns? Suggestions?
Please contact us at 9155 SW Barnes Road, Suite 420, Portland, OR 97225 (mailing address only) or firstname.lastname@example.org. You can also try calling us at 503-765-7615, but our office hours are as varied as Dr. Shertz’s shift schedule in the emergency department.