Terms and Conditions

Effective date: May 01, 2019

Updated: June 1, 2020

Please read these Terms and Conditions (“Terms”) carefully before using the http://www.rippelfoundation.org website, our mobile website and any mobile applications related thereto (collectively, the “Service”) and other websites (http://www.rethinkhealth.org and https://www.foresightforhealth.org) operated by Fannie E. Rippel Foundation (“us,” “we,” “our,” or “Rippel”). Please note that our Service includes the use of third-party technology and platforms (e.g., MailChimp, Discus, Simple Texting and Google Analytics) to enhance our Service’s use and functionality. See our Privacy Policy for terms related to your data.

Our Service is provided for informational and educational purposes only, and using our Service is purely voluntary on your part. Therefore, your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service and you should exit immediately. You should also not subscribe to our communications (or you should unsubscribe or opt out).

Ownership and Intellectual Property

Our Service, including its original content, materials, tools, features, and functionality (“Rippel Content”), are, and will remain, the exclusive property of The Rippel Foundation and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks (including but not limited to the name and logo of ReThink Health) and trade dress may not be used in connection with any product or service without a separate written agreement that is signed by us.

Because Rippel Content is provided in order to advance the public’s interest in the transformation of US health care systems, Rippel Content may be downloaded and used for personal/educational and noncommercial (i.e, you may not sell it) purposes only, if you (a) keep intact all copyright and other notices contained therein, and (b) cite Rippel as the source for all such Rippel Content. In using Rippel Content, you may not (a) modify, change, edit, or make derivative works of any Rippel Content, (b) state or imply that Rippel is endorsing you, your viewpoints, or any of the products or services that you or your organization may provide, (c) represent that you or your organization has a relationship with Rippel or any of the events or services that Rippel provides unless that relationship is the subject of a separate written agreement that has been signed by Rippel, and/or (d) state or imply that Rippel is supporting attempts to influence the outcome of any election for public office or engaging in lobbying activity.

Other than the limited right above, you acquire no rights or licenses to any Rippel Content or our Service.

Communications

By choosing to receive communications from us through our Service, you agree to subscribe to newsletters, promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email or text we send.

User Content

Our Service may allow you to comment, post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, you represent and warrant that: (a) the User Content is yours (i.e., you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (b) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to censor, edit, and/or remove any User Content found to be infringing on a copyright or otherwise deemed, in our sole discretion, to be inappropriate.

You retain any and all of your rights to any User Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third-party posts on or through the Service. However, by posting User Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.

Rippel has the right but not the obligation to monitor, edit, and/or remove at any time any and all User Content.

Accounts

Use of some of the Rippel Content found on the Service (e.g., the Dynamics Model) may require you to create an account, including a password. By creating an account with us, you guarantee that you are above the age of 18, and that you agree to the License Agreement found here.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Permitted Uses

As a condition of using our Service, you must not misuse or abuse it in any way. Your use must be lawful and respectful of our and others’ rights.

As a private foundation, we are prohibited from supporting attempts to influence the outcome of any election for public office or engaging in lobbying activity. Accordingly, you must not post any User Content that (a) expressly or impliedly endorses or opposes any candidate for public office or any political party; or (b) encourages others to contact a government official to express support for, or opposition to, any legislation, including a specific legislative proposal that has not yet been introduced. In addition, User Content with links or references to websites that contain these types of prohibited content, or which direct users to such materials, are also prohibited.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Rippel Content on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”

If you submit a false claim, you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• 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.

You can contact our Copyright Agent via email at [email protected].

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by us.

Rippel has no control over, and assumes no responsibility for the content, privacy policies, or practices of, any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Rippel shall 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 such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Links to Our Service

You may add our link (https://www.foresightforhealth.org) to your site. We request that you inform us in advance that you are adding our link to your site by contacting us at [email protected] with the URL for the posting. In order to link to our Service, we require that (a) you do not make any statement that implies or suggests that Rippel is a partner of your organization (unless there is a separate written agreement signed by us), (b) you do not harm or diminish the mission or reputation of our organization (including our employees, contractors, agents, officers and directors ) or our work, (c) your website does not in any way endorse a product, service, individual, or organization, (d) your website does not promote any form of discrimination, bigotry, pornography, or any other illegal activities, and (e) your website does not support attempts to influence the outcome of any election for public office or engage in lobbying activity.

Termination

We may terminate or suspend your account that is required to access certain Rippel Content and/or remove any User Content, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Rippel Content, exit our Service, and unsubscribe from any communications.

Indemnification

You agree to defend, indemnify, and hold harmless The Rippel Foundation and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of (or inability to use) the Service (by you or any person using your account and password), (b) your breach of these Terms, (c) any Content posted on the Service, (d) your violation of any rights of a third party, including any right of privacy, publicity rights, or intellectual property rights, or (e) your violation of any applicable laws, rules, or regulations of the United States or any other country.

Limitation of Liability

In no event shall Rippel, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to, or use of, or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

IN THE EVENT YOU ARE DISSATISFIED WITH ANY PART OF THIS SERVICE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO EXIT, DISCONTINUE USING THIS SERVICE, AND/OR UNSUBSCRIBE TO OUR COMMUNICATIONS.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

The Rippel Foundation, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We encourage you to review these Terms periodically for changes. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and should exit immediately.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].