Ripple Safety Terms of Service
Ripple Safety Technologies, Inc.
Terms of Service
Effective Date: July 17th, 2017
Conditions of Use
We provide an emergency response system to users. These Terms of Service (these "Terms") govern your purchase and use of our button and other devices, our websites, including www.ripplesafety.com, the software embedded in our button and other devices, our mobile applications, and our other services (collectively, the "Ripple Service"). You must accept these Terms in order to create an account (a "Ripple Account") and to otherwise use the Ripple Service. If you do not have a Ripple Account, you accept these Terms by visiting www.ripplesafety.com or by using any part of the Ripple Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE A RIPPLE ACCOUNT, VISIT WWW.RIPPLESAFETY.COM, OR OTHERWISE USE ANY PART OF THE RIPPLE SERVICE. You understand and acknowledge that the Ripple Service does not provide medical advice, which should be obtained from qualified medical personnel.
Creating an Account
Full use of the Ripple Service requires that you create a Ripple Account by providing us with your name, phone number, email address, gender, date of birth, and any other required information as specified in our websites or our mobile applications. You are responsible for all activity that occurs in association with your Ripple Account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your Ripple Account credentials.
If you create a Ripple Account and subscribe for the Ripple Service, you shall pay to us the monthly fee for the Ripple Service published at www.ripplesafety.com (the "Monthly Fee") prior to the start of each thirty day period from your subscription date (each, a "Payment Term"). If you have made arrangements for the Monthly Fee to be paid by credit card charge or automatic debit, such credit card charge or automatic debit will be made fifteen (15) days prior to the start of a Payment Term. You understand and acknowledge that the amount of the Monthly Fee may be changed by us at any time, provided that we provide notice to you at least thirty (30) days prior to the Payment Term in which such change occurs. The failure by you to pay the Monthly Fee prior to the start of a Payment Term shall give us, in addition to any other available remedies, the right to terminate your subscription to the Ripple Service and/or the right to otherwise terminate your access to or use of the Ripple Service and/or the right to charge you a late fee equal to the maximum amount allowable by applicable law. In addition, you shall pay any assessments, taxes, fees, or charges imposed by any governmental authority or any telephone, communication, or signal transmission company such as false alarm, permitting or connection fees, or fees related to reprograming devices to comply with the area code, signal transmission, numbering, or other changes relating to the Ripple Service provided pursuant to these Terms (the Monthly Fee and all other assessments, taxes, fees, and charges described in this section are collectively referred to herein as the "Fees").
Term and Termination
The term of your subscription to the Ripple Service shall commence upon the creation by you of a Ripple Account and continue until your subscription to the Ripple Service or your access to or use of the Ripple Service is terminated in the manner provided in these Terms. We or you may terminate your subscription to the Ripple Service or your access to or use of the Ripple Service at any time upon thirty (30) days notification to the other. We may, at any time, terminate your subscription to the Ripple Service or your access to or use of the Ripple Service immediately at our option if: (1) the central monitoring system or call center is destroyed or damaged so that it is impractical for us to continue the Ripple Service; (2) we cannot acquire or retain the transmission connections or authorizations to transmit signals between the equipment and us; or (3) you fail to follow our recommendations to repair or replace any defective equipment. We may terminate your subscription to the Ripple Service or your access to or use of the Ripple Service at any time upon ten (10) days notification to you if you violate any part of these Terms, abandon our button or other devices, or cause an excessive number of false alarms. If we or you terminate your subscription to the Ripple Service at any time; there are no refunds for any unused time on a subscription. Following any cancellation, however, you will continue to have access to the Ripple Service through the end of your current Payment Term.
Full use of the Ripple Service is dependent upon your use of a computer with adequate software, our button or other devices, and supported mobile cellular device with Internet access, blue tooth technology, and uninterrupted telephone service. The maintenance and security of this equipment may influence the performance of the Ripple Service and it is your responsibility to ensure the functionality of the equipment.
Using the Ripple Service
You may use the Ripple Service using a button or other device that is manufactured, distributed, or sold by or on behalf of us, our mobile applications, and www.ripplesafety.com. You may not connect to the Ripple Service with any device that is not manufactured, distributed, or sold by or on behalf of us (such as a knock off or counterfeit version of our button or other devices) or any unauthorized application or third party connection. The Ripple Service is intended for your personal, non-commercial use. Any violation or attempted violation of this provision may result in the immediate termination of your subscription to the Ripple Service or your access to or use of the Ripple Service.
The Ripple Service and its underlying technology are protected by copyright, trademark, service mark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change, or obscure any copyright, trademark, service mark, patent, intellectual property, or other proprietary rights notices incorporated in or accompanying the Ripple Service and you further agree not to reverse engineer or otherwise tamper with our button or other devices, our mobile applications, or any other part of the Ripple Service.
You authorize us to seek to obtain assistance on your behalf in the event of an incident. You agree that you shall be responsible for any costs and expenses incurred in obtaining assistance, including, without limitation, ambulance, physician, and other medical assistance, and any costs or expenses whatsoever incurred as a result of your use of the Ripple Service.
You represent and warrant that any personal information you provide concerning personal responders (the "Personal Responders") is true and complete. You will notify us promptly of any change to this information. You represent and warrant you have obtained the consent of the Personal Responders, whose personal information you provided to us, to use such personal information for the administration of your Ripple Account and as provided in these Terms. You further agree that in the event of any incident, we may notify or cause to be notified any or all of the Personal Responders.
You authorize us, in our sole discretion, to authorize emergency responders, including, without limitation, medical professionals, and the Personal Responders to enter your premises in the event of an incident.
Authorization to Release Information
You represent and warrant that the personal information about you that you provide is true and complete. You will notify us promptly of any change to this information. You are providing us with certain medical information for the purpose of providing the Ripple Service and performing obligations under these Terms. You agree and acknowledge that we work with other third parties including but not limited to, colleges, universities, hotels, subcontractors, emergency responders, and the Personal Responders which may receive the information provided by you to us or created during the course of the performance of the Ripple Service, including location, date, type of alert, and the type of requested response to the alert. Further, you release us from all liability that may arise out of our disclosure of such information or about any incident to our other third parties, subcontractors, emergency responders, and the Personal Responders. You understand and acknowledge that communications between and/or among you, us, our other third parties, subcontractors, emergency responders, and the Personal Responders will only be communicated in English. You understand and acknowledge that communications between and/or among you, us, our other third parties, subcontractors, emergency responders, and the Personal Responders may be recorded and you consent to such recording.
You consent to the collection, use, and disclosure of your protected health information that is provided by you to us or created during the course of the performance of the Ripple Service as follows:
- Service: We collect, use, and disclose your protected health information to our affiliates, third parties, and subcontractors and any governmental authority having jurisdiction that requests such information for the purpose of providing the Ripple Service and performing obligations under these Terms.
- Personal Emergency Response Services: We use and disclose your protected health information in order to coordinate and manage Personal Emergency Response Services (PERS). We use and disclose such information to third party emergency and healthcare providers and to other persons and entities who need this information to ensure the provision of the Ripple Service.
- Payment: Your protected health information will be used as needed to obtain payment (including invoicing and collecting) in connection with the Ripple Service or other related emergency or healthcare services.
- Healthcare Operations: Your protected health information may be used or disclosed as needed in order to support our business activities or the emergency or healthcare providers who provide services to you or who referred you to other emergency or healthcare providers in connection with the Ripple Service, including, without limitation, communications between and/or among you, us, our third parties, subcontractors, emergency responders, and the Personal Responders.
The following are your responsibilities:
- You shall provide a supported mobile cellular device with Internet access, Bluetooth technology, and uninterrupted telephone service.
- You shall promptly notify us with regard to any changes in the information contained in your Ripple Account.
- You shall immediately notify us if you experience any issues with respect to the operation of our button or other devices or any other part of the Ripple Service.
Interruption of Service
We assume no liability for delays or interruption of the Ripple Service for any reason, including, without limitation, delays or interruption due to acts of god, strikes, riots, floods, fires, acts of nature, mechanical or electrical equipment failures, acts of terrorism, failure of our button or other devices to pair or remain paired with your mobile cellular device, failure of our button or other devices to work properly, failure of your mobile cellular device to work properly, or to provide your correct or exact location, failure because your mobile cellular device has been lost or stolen, or any other cause within or beyond our control. We shall have no liability to supply you with substitute services.
You shall indemnify, defend, and hold harmless us and our affiliates and subcontractors and our and their respective present, former, and future equity holders, stockholders, shareholders, members, directors, managers, officers, employees, agents, advisors, and representatives from, against, for, and in respect of any and all any claims, liabilities, losses, damages, costs, and expenses, including, without limitation, reasonable attorney’s fees, related to the Ripple Service or your failure to perform any of your obligations under these Terms.
No Representation or Warranty
WE MAKE NO GUARANTEE, REPRESENTATION, OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE RIPPLE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU REPRESENT AND WARRANT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY US OR ANY OF OUR EMPLOYEES OR AGENTS SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY.
You understand and acknowledge that we are not an insurer of person, life, limb, or property and that insurance, if any, covering personal injury, life loss, and property loss or damage shall be obtained by you in such amounts and covering such perils as you may determine. You understand and acknowledge that we do not assume responsibility for any personal injury, life loss, or property loss or damage that may occur, even if due to our negligent performance or failure to perform any obligation under these Terms or failure of the Ripple Service to operate as intended or for any other reason whatsoever. You assume all risk of personal injury, life loss, and property loss or damage.
Limitation of Liability
If, notwithstanding the other provisions of this Agreement, we are found liable for loss, damage, or injury under any legal theory due to a failure of the Ripple Service in any respect, our maximum liability shall be limited to an amount equal to the aggregate amount of Monthly Fees paid by you to us during the immediately preceding twelve (12) month period as agreed upon damages and not as a penalty, as your sole remedy. This amount will be the sole remedy because it is impractical and extremely difficult to determine the actual damages, if any, which may result from our failure to perform any of our obligations under these Terms. In no event will we be liable for consequential, indirect, incidental, or special damages.
We may subcontract any part of the Ripple Service or any of our obligations under these Terms to any third party without notice to you. All of the terms and conditions set forth in these Terms shall inure to the benefit of any such subcontractors.
Entire Agreement and Amendment
No waiver of any term or condition of these Terms whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of the same term or condition or of any other term or condition of these Terms.
You shall not assign these Terms without our prior written consent. We shall have the right to assign these Terms without notice to you.
If any of the provisions of these Terms shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver of Class Action Suits
You agree that any action, suit, or proceeding arising out of or relating to these Terms may be brought only in your individual capacity and not as a plaintiff or class member in any purported class or representative action, suit, or proceeding.
Governing Law and Jurisdiction
These Terms shall be governed in accordance with the laws of the State of Florida without regard to its conflict of law principles. You agree that any action, suit, or proceeding will be brought in the federal and state courts of Fort Lauderdale, Florida. Both you and us consent to venue and personal jurisdiction there.
Waiver of Jury Trial
YOU AND RIPPLE HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY YOU AND RIPPLE MAY HAVE IN ANY ACTION OR PROCEEDING, IN LAW OR IN EQUITY, IN CONNECTION WITH THE RIPPLE SERVICES OR THE TRANSACTIONS RELATED HERETO. YOU REPRESENT AND WARRANT THAT NO REPRESENTATIVE OR AGENT OF RIPPLE HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT RIPPLE WILL NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THIS JURY TRIAL WAIVER. YOU ACKNOWLEDGE THAT RIPPLE HAS BEEN INDUCED TO ENTER INTO THIS SERVICE AGREEMENT BY, AMONG OTHER THINGS, THE PROVISIONS OF THIS SECTION.
Except as otherwise set forth in these Terms, any notices or other communications under these Terms will be given through our mobile applications or by email.
Effective Date: July 17th, 2017
Information Collected by Us
If you visit the Site, we may log standard technical and demographic information such as your IP address, Google Analytics reported interest, demographics, and the kind of browser you are using. If you download the App and subscribe for the Ripple Service via the Site or the App, you must accept our Terms of Service (our "Terms") and you will be asked to provide (1) personally identifiable information about you and your personal responders ("PII"), including, without limitation, names, phone numbers, email addresses, and other personal information, (2) protected health information about you ("PHI"), including, without limitation, medical history and other medical information, and (3) financial information about you, including, without limitation, credit card or debit card number, billing address, and other financial information. We may collect PII, PHI, and other information when you utilize the Ripple Service or when you provide feedback or comments about the Ripple Service (including, without limitation, with respect to the Devices that you own). If you send an alert using a Device and otherwise use the Ripple Service, we collect data regarding your specific location (from the time you initiate an alert until the time you cancel the alert), the type of alert and the type of requested response to the alert, herein collectively the ("Information").
Pixel tags are tiny graphic files that are included in HTML-encoded email messages. We use pixel tags to gather information about emails sent to our users. When an HTML-encoded email message is opened in an HTML-capable email program, the recipient’s computer accesses our server to retrieve the pixel tag file and allows us to record and store the date and time, the recipient’s email address, and other standard logging information. These pixel tags may also read cookies.
Our Use and Disclosure of Information
We work with third parties that may include, but are not necessarily limited to colleges, universities, hotels, emergency response services, healthcare services, call centers, website hosting, data processing and analysis, back-up and security services, and processing of credit card and debit card transactions. We may share PII, PHI, and other Information with these third parties for the purpose of providing these services. Although we seek to require these service providers to protect such PII, PHI, and other Information, and to use it only for the purpose for which it was provided, we cannot be responsible for third parties’ use of PII, PHI, and other Information.
In the event of a change of ownership or restructuring (i.e., a sale, merger, acquisition, or transfer of our assets), we may share or transfer your PII, PHI, and other Information with or to a third party.
At various times we may offer surveys to users. Surveys may ask for contact information or unique identifying information to increase the value of the results. We use information collected from surveys to improve the Ripple Service.
Third Party Websites
We do not control the information collection and distribution policies on Internet domains other than the Site. When you are on the Site, you may be directed to other sites that are beyond our control. For example, if you "click" on a link on the Site, the "click" may take you off of the Site. These other sites may independently collect data, solicit personal information, or send their own cookies to you. We are not responsible for any use of the information, including, without limitation, click-stream data that you may create when using such third party sites.
Updating or Removing User Information
You may choose to correct or update the PII, PHI, and other Information you have submitted to us by editing it through the Site or the App. You may also remove the PII, PHI, and other Information by removing it through the Site or the App. If you request to have your PII, PHI, and other Information removed, we will remove it from its active database, though it may remain stored indefinitely in our back-up media and archival records.
We do not disclose your PII to third parties for third-party marketing purposes. We also allow you to decide whether you want to receive promotional emails from us. If you do not wish to receive promotional emails from us, please unsubscribe at the bottom of the mailing. Opting out of promotional emails from us will not end transmission of important service-related communications that are necessary for your use of the Ripple Service.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us on the Site and/or through the App and/or by email.
Use by Minors
The Ripple Service is not directed at persons under the age of thirteen (13). We do not knowingly collect any PII from children under thirteen (13). However, in accordance with the U.S. Children’s Online Privacy Protection Act (COPPA), we may collect information from a parent or legal guardian in order to obtain verifiable parental consent to allow a child under the age of thirteen (13) to use our Ripple Service. For more information about COPPA and Ripple’s policy regarding protecting children’s online privacy, please contact us via email: firstname.lastname@example.org
We have implemented security measures to protect against the loss, misuse, and alteration of the PII, PHI, and other Information under our control. Although we make good faith efforts to store PII, PHI, and other Information collected through the Ripple Service in a secure operating environment, we cannot guarantee complete security. PII, PHI, and other Information held by us will be maintained for a length of time appropriate for our business needs.
Automatic Software Updates
From time to time we may develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the App (the "Updates"). The Updates may be automatically or manually installed without providing any additional notice or receiving any additional user or owner consent. You consent to the Updates. If you do not want such Updates, your remedy is to terminate your account and stop using the App. If you do not terminate a previously created account, you may continue to receive Updates. You acknowledge that you may be required to install Updates to use the App and you agree to promptly install any Updates provided.