Terms and Conditions
IF YOU ARE A REPRESENTATIVE USER, AS DEFINED IN SECTION 2 BELOW, THIS AGREEMENT INCLUDES ADDITIONAL TERMS AT SECTION 3. IF YOU ARE AN ASSOCIATED USER, AS DEFINED BELOW, THIS AGREEMENT INCLUDES ADDITIONAL TERMS AT SECTION 4.
- WHAT IS FIPPLE AND WHAT DO WE DO?
Fipple, Inc. (“Fipple,” “us,” “we”) is the company that owns and operates the System, including the Applications and Site, and provides the Services. Representative Users use Fipple’s System to access, monitor and share Individual Data regarding Individuals for which the User is a Representative, and to access and monitor usage of their Devices, to the extent legally permissible, in order to protect the safety of the Individual and others. Associated Users may also use Fipple’s System as authorized by Representative Users or by Individuals. All terms capitalized in this paragraph are defined in section 2 below.
- IMPORTANT TERMS IN THIS AGREEMENT
“Applications” means applications, including mobile applications, made available to Users via this Site that use or feature Fipple’s proprietary technology, and also includes the secure communications infrastructure that supports the Applications and the Site.
“Associated User” means any User other than a Representative User, who is authorized to provide, share, access or monitor Individual Data using the Services or System in order to counsel, treat, advise, assist or provide guidance to an Individual or a Representative User. This may include one or more school officials or health care providers, such as a physician, clinic, treatment facility, hospital, or other licensed provider of health care services.
“Content” means all text, images, information, user instructions, data, and other content on the Site, including Individual Data.
“Device” means an electronic device used by an Individual, such as a mobile phone, personal computer or computer tablet.
“Fipple Services” or “Services” includes the Sites, Applications, Content, System access and other Fipple Services described in section 1 above.
“Individual” means a person whose Individual Data (as defined herein) is shared with or collected by Fipple, or in regard to whom Fipple monitors or facilitates monitoring of Devices.
“Individual Data” means information (i) relating to an Individual’s past, present or future physical or mental health or condition; and/or (ii) that identifies an Individual or for which there is a reasonable basis to believe it can be used to identify the Individual. This includes such information downloaded, uploaded or otherwise entered into the System, or which a User accesses by using the System. It also includes information provided to, monitored or collected by Fipple directly from You or another User via the System; through Fipple’s monitoring of Devices, websites and applications used or accessed by the Individual; and posted or viewed by the Individual on such Devices, websites or apps.
“Representative User” means a User who is legally authorized to act, as a parent of a minor child; legal guardian, custodian or conservator; personal representative; power of attorney; or other person or entity legally authorized to access, collect and/or share Individual Data directly or from third parties designated by the Representative User, or via the System.
The “Site” means Fipple’s internet accessible portal, or website at www.fipple.com, through which Users, such as You, may access and use the System, Services, Content and Individual Data.
The “System” means the Applications, Content, Site and related electronic system elements and infrastructure required to access, utilize and maintain the Services, Applications, Content and Site; and all enhancements, upgrades and updates made thereto.
“User” or “You” means any individual who uses the Fipple Services and/or System as described in this Agreement.
- IF YOU ARE A REPRESENTATIVE USER
If You are a Representative User, You certify that You are either a parent of a minor child Individual; or, with respect to the Individual, the legal guardian, custodian, conservator, personal representative, power of attorney grantee, or other person or entity legally authorized to access, collect and/or share Individual Data via the System directly or from third parties designated by You as the Representative User.
- IF YOU ARE AN ASSOCIATED USER
As an Associated User, You and Your Personnel shall not enter or use any Individual Data in a manner that violates the rights of the Individual, including specifically the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or any regulation, bulletin or other material issued by federal regulatory agencies thereto; or that violates any other state or federal law.
- YOUR PERMITTED USE OF THE SYSTEM AND SERVICES
B. Registration and User Account. In order to use the System or Services, You must register for an account with us (“User Account”). In establishing Your User Account, You represent and warrant that: (a) all registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information. We may suspend or terminate access to Your User Account and the System and Services in accordance with the Termination provision below. You are responsible for maintaining the confidentiality of Your User Account information (including Your unique login and password), controlling access to Your User Account information, and for all activities that occur under Your User Account. Do not share your username and password with other individuals as this will violate the terms of this Agreement! You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of Your User Account. We are not responsible for any loss or damage arising from Your failure to comply with these requirements.
C. You are solely responsible for all actions taken, and all usage of Individual Data, in and through your User Account. You are wholly responsible for the accuracy of information, including Individual Data, You enter into the System.
- FIPPLE INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Fipple (or its licensors or suppliers, where applicable) owns any and all right, title and interest, including all copyrights, patents, trademarks, and trade secrets and other intellectual property rights, in and to the System and Services, including the Sites, Applications, Content and all other related components and features. This Agreement does not constitute a sale and conveys to You no ownership right in the System or Services, or in any other Fipple intellectual property. All trademarks, logos and service marks (“Marks”) displayed on the Site and Applications are the property of Fipple or its licensors, suppliers and other third parties. No license is granted to use any Mark, and You will do so only with the owner’s prior written consent.
Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of, or created from, any part of the System or Services shall be owned exclusively by Fipple, and/or, as applicable, Fipple’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide, therein and thereto. This includes any suggestion, idea, enhancement request, feedback, recommendation or other information provided by You or any other person relating to the System or Services, and You hereby assign to Fipple any and all of Your rights, title or interests in and to the foregoing.
- LIMITATIONS ON YOUR USE
You agree to the following restrictions on Your use of the System and Services: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the System, Services or Content; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part or element of the System or Services; (c) You shall not access or use the System or Services in order to build a similar or competitive System, Service, Site or Application; (d) except as expressly stated herein, You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the System or Service in any form or by any means; and (e) You shall not remove, authorize or permit any third party to remove any proprietary rights legend from the System or any other part of the System.
You further agree not to use any System or Service function to: (a) upload, transmit, or distribute any computer virus, worm, or any software intended to damage or alter a computer application or data or to strip, scrape, or mine data from the System; (b) send advertising, promotional materials, junk mail, spam, or any form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other Users except as legally permitted for Individual Users for which you are a Representative; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the System, or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the System or Services; (f) misrepresent Your identity or affiliation with any person, specifically including any Individual; (f) harass or interfere with another User's use of the Services; (g) to do any act that would be illegal, give rise to liability or otherwise violate any applicable law or this Agreement; (h) upload or transmit any communication or content of any type that infringes or violates any right of any party; or (i) post or transmit material that is or could be unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, false, misleading, hateful or embarrassing to any other person.
Fipple is free to use any information submitted to or through the System in violation of the above for any legally permissible purpose and in any manner whatsoever. Fipple will fully cooperate with any law enforcement authority or court order related to use of the Services.
- FIPPLE IS NOT A MEDICAL SERVICE PROVIDER!
Fipple does NOT provide medical treatment or health care services of any type, makes no medical referrals, issues no prescriptions and provides no related health care advice. Individuals and Users should consult with medical professionals regarding any and all treatment decisions.
- YOU MUST BE 18 YEARS OF AGE OR OLDER
Children under the age of eighteen are not permitted to register with or use the System or the Services. However, a Representative User may use the System or Services to share or access Individual Data with respect to any such person, to the extent permitted by law.
- AGREEMENT REVISIONS AT ANY TIME
Fipple reserves the right to update or modify this Agreement at any time without prior notice. Your use of the System, Services or Site following any such change constitutes Your agreement to follow and be bound by this Agreement as revised. For this reason, we encourage You to review this Agreement each time You use this Site or the Services.
- TERMINATION AND SUSPENSION
ANY UNAUTHORIZED USE OF THE SYSTEM OR SERVICES TERMINATES THE LICENSE GRANTED BY FIPPLE WITHOUT THE NEED FOR FURTHER ACTION BY FIPPLE. Fipple also reserves the right at any time to terminate this Agreement or to discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to You for any modification, suspension or discontinuance of the Services or any portion thereof.
- LINKS TO OTHER WEBSITES
The System, including particularly the Site, may contain links to other websites, services, and advertisements (each, a “Third Party Site”). Such Third Party Sites are not under Fipple’s control and Fipple is not responsible for the content of any such Third Party Site. When You link to a Third Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
A. Disclaimer of Warranties. THE SYSTEM, SITE, CONTENT AND APPLICATIONS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. FIPPLE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED USING THE SERVICES OR VIA THE SYSTEM, INCLUDING ANY INDIVIDUAL DATA, AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION. WE DO NOT WARRANT OR GUARANTEE THAT DATA MADE AVAILABLE FOR DOWNLOADING THROUGH THE SITE, SPECIFICALLY INCLUDING INDIVIDUAL DATA, WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
WE MAKE NO EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR ENDORSEMENT OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SYSTEM OR SERVICES, INCLUDING THE SITE, APPLICATIONS AND CONTENT, OR WITH RESPECT TO ANY INFORMATION (INCLUDING INDIVIDUAL DATA), PRODUCT, SERVICE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SYSTEM. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION (INCLUDING INDIVIDUAL DATA), PRODUCT, SERVICE OR OTHER MATERIAL PROVIDED THROUGH USE OF THE SYSTEM OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SYSTEM OR SERVICES, INCLUDING THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SYSTEM OR ANY RELATED FUNCTIONALITY IS TO STOP USING IT.
B. International Users and Non-US Residents. The System and the Services are administered by Fipple from the United States. They are designed to comply with United States laws and regulations and are intended for use by United States residents only. Access to the System, including the Site and the Content, may not be legal if by certain persons or in certain countries outside of the United States. If You access the System, Services or any functionality of them from outside the United States or as a Non-US Resident, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
- LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL FIPPLE OR ANY OTHER PERSON WITH LINKS ON THE SITE BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SYSTEM OR SERVICES, OR YOUR RELIANCE ON ANY CONTENT INCLUDED THEREIN. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA. THIS LIMITATION APPLIES, WITHOUT LIMITATION, TO ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, OR OTHER INJURY ARISING FROM USE OF THE SYSTEM OR SERVICES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN FIPPLE’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Except for a claim of breach of User’s obligations as described in sections 7 and 8, any dispute between You and us shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator and conducted in New York, New York. Judgment upon the arbitral award may be entered by any court having jurisdiction. Notwithstanding anything contained herein to the contrary, each party agrees that any breach with respect to sections 7 or 8 is likely to cause Fipple immediate and irreparable harm. Each party, therefore, agrees that, in the event of any such breach or threatened breach, Fipple shall be entitled to injunctive relief in a court of law or equity without the necessity of bond, in addition to all other remedies available to Fipple for such breach.
- GOVERNING LAW AND JURY TRIAL WAIVER
Any claim relating to, and the use of, the Services, including the System, is governed by the laws of the State of New York. By using this Site, You consent to personal jurisdiction in the federal and state courts located in the State of New York, for any action arising out of or relating to this Site or Your use of the Services that is not subject to arbitration as per above. EACH PARTY UNCONDITIONALLY WAIVES THE RIGHT TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal.
- GENERAL PROVISIONS
You agree that regardless of any statute or law to the contrary, any claim arising in connection with Your use of the System or Services, must be brought within one (1) year of the date the event giving rise to such action occurred, or be forever barred.
All provisions regarding indemnification, warranty disclaimers, limitation of liability, governing law and proprietary rights shall survive this document’s termination for any reason.
If any provision of this document is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision matching the intent of the original provision as closely as permitted by law.
No waiver of any right or provision of this Agreement shall be effective unless in writing and dated and signed by the party to be charged with waiver. The failure to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement is personal to You and You may not assign it to anyone. This Agreement is not intended to benefit any third party, including Individuals who are not Users; does not create any third party beneficiaries; and may only be invoked or enforced by You or us.