Terms and Conditions
Last Updated: August 1, 2024
The following Terms and Conditions of Use (the "Terms and Conditions") apply to (1) the Robert Wood Johnson Foundation's website located at www.rwjf.org (the "website") and (2) any other websites, applications, blogs, online communities, social media platforms, or other services that the Robert Wood Johnson Foundation (the "Foundation," "we," or "us") may provide from time to time, whether on the website or otherwise (collectively, the “Sites”) that link to these Terms and Conditions. Your use of the Sites also is subject to any additional terms and conditions of use that may be specified with respect to the Site at issue.
BY USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, WHICH EXPRESSLY INCORPORATE BY REFERENCE THE FOUNDATION’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
If you accept or agree to the Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Capitalized terms not defined in these Terms and Conditions shall have the meaning set forth in our Privacy Policy.
Compliance with Law
Users of the Sites shall abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.
Disclaimer of Warranties and Limitation of Liability
The Content (as defined below) provided on the Sites is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Sites and the Content are provided on an “as is” and “as available” basis, and neither the Foundation nor the Foundation’s suppliers make any warranties with respect to the same or otherwise in connection with these Terms and Conditions, and the Foundation hereby disclaims any and all express, implied, or statutory warranties, including, without limitation, any warranties of non-infringement, merchantability, fitness for a particular purpose, availability, error-free or uninterrupted operation, and any warranties arising from a course of dealing, course of performance, or usage of trade.
The Foundation does not warrant that the Sites or the server(s) that make the Sites available are free of viruses or other harmful components.
The Foundation does not represent or warrant that the Content on the Sites is accurate, complete or current for any specific or particular purpose or application. The Sites are not intended to provide, nor should anyone consider that the Sites provide, medical, legal, accounting, tax or other advice. In addition, the Foundation is not endorsing or recommending the use of the means or methods contained on or through the Sites for any special or particular purpose. The Foundation does not guarantee the accuracy, integrity, quality, or availability of the content on the Sites and disclaims liability in connection with such.
In connection with any warranty, contract, or common law tort claims: (i) the Foundation or any of its officers, trustees, employees, agents or contractors (collectively, "Representatives") shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Sites, and/or the Content even if we have been advised of the possibility of such damages; and (ii) any direct damages that you may suffer as a result of your use of the Sites and/or the Content shall be limited to one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties. therefore, some of the above limitations on warranties in this section may not apply to you.
The Sites may contain technical inaccuracies or typographical errors or omissions. we are not responsible for any such typographical, technical, or pricing errors listed on the Sites. We reserve the right to make changes, corrections, and/or improvements to the Sites any time without notice.
Intellectual Property
Copyright and Ownership. All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, still images, moving images, sound, illustrations, and software (collectively, "Content"), is owned by the Foundation, its licensors, vendors, agents, and/or content providers, as applicable. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Foundation reserves the right to track the usage of Content.
You are authorized to view, play, print, and download Content found on the Sites only for personal, informational and noncommercial purposes except where it is stated that prior permission to use, download, reproduce, publicly display or reprint Content must be obtained from RWJF or other copyright owner, and except with respect to Marks (as defined below). Prior consent to use Content for any commercial purpose (e.g., book publishing) or to use Marks for any purpose (whether commercial or noncommercial) must be obtained from the Foundation in writing. The Foundation reserves the right to grant, withhold, or condition such consent in its sole discretion. If you wish to use Content in a way that is not covered by the foregoing terms, please complete and submit this form for the Foundation’s consideration.
You may not modify any of the Content, and, except as set forth below, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content contained on the Sites. You will not remove any copyright, trademark or other proprietary notices from Content found on the Sites.
Text materials on the Site may be used, downloaded, reproduced, publicly displayed or reprinted for personal or noncommercial purposes provided that the following attribution appears in all copies: "Reproduced with permission of the Robert Wood Johnson Foundation, Princeton, N.J."
You may not (1) state or imply that the Foundation is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with the Foundation or any of the events, products or services that the Foundation provides unless that relationship is the subject of a written agreement that has been signed by the Foundation.
You will not access any Content from the Sites through any technology or means other than the pages of the Sites, the Embeddable Player (as defined below), the Widgets (as defined below) or such other explicitly authorized means as the Foundation may designate.
Trademarks.
All trademarks, service marks and trade names of the Foundation or third-parties used in the Sites (including, but not limited to, the Robert Wood Johnson Foundation name and the Robert Wood Johnson Foundation logo) (collectively, the "Marks") are trademarks or registered trademarks of the Foundation or its licensors, vendors, agents and/or content providers, as applicable. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without the Foundation's prior written consent. The use of the Marks on any other website or network computer environment is not allowed.
Embeddable Player and Widgets. To the extent that the Foundation makes available to you through the Sites (or otherwise) an embeddable player for viewing video and playing audio Content from the Sites (the "Embeddable Player") and/or "widgets" to obtain access to Content from the Sites ("Widgets"), you agree as a condition to accessing and using such items that:
- You will not alter or modify any part of the Embeddable Player, the Widgets or any of their related technologies.
- You will include a prominent link back to the applicable Site on the pages containing the Embeddable Player and/or Widgets, and you may not modify, build upon or block any portion of the Embeddable Player and/or Widgets in any way.
- You will not use the Embeddable Player and/or Widgets for any commercial use, without the prior written authorization of the Foundation. Prohibited commercial uses include any of the following actions taken without the Foundation's prior written approval:
- sale of access to the Sites or their related services (such as the Embeddable Player and Widgets) on another website; and
- use of the Sites or their related services (such as the Embeddable Player and Widgets), for the primary purpose of gaining advertising or subscription revenue.
Copyright Infringement
If you believe that any Content on the Sites infringes your copyright and you want the Content removed from the Sites, please send a detailed message to our Designated Copyright Agent at:
Ricardo A. Castro, Vice President, General Counsel, and Secretary
The Robert Wood Johnson Foundation
50 College Road East
Princeton, NJ 08540-6614
rcastro@rwjf.org
Under the Digital Millennium Copyright Act, the following information must be included in the message to us:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sites
Member Account, Password and Security. Some of the Sites may require that you create an account with a username and a password before using the Sites. You are responsible for maintaining the confidentiality of any such password, account, and information displayed in the account profile. You are fully responsible for all activities that occur using your password or account. Unless the Site in question contains additional terms and conditions that permit you to share your username and password with others, you should not do so. Notwithstanding the foregoing, if you allow third parties to access the Sites through your username and password, you will defend and indemnify the Foundation and its trustees, employees, agents, affiliates, successors and assigns from and against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use. You agree to immediately notify the Foundation of any unauthorized use of your password or account or any other breach of security related to the Sites of which you are aware. We reserve the right to terminate your account at any time in our sole discretion, including for any violation of these Terms and Conditions.
User Generated Content
From time to time, we may allow you to post comments, or similar materials on the Sites (collectively, the “User Generated Content”). We cannot and do not review it all -- we are merely acting as a passive conduit for distribution of the User Generated Content to other users of our Sites. That said, we may remove User Generated Content that violates the terms of these Terms and Conditions, or that is offensive or otherwise unacceptable to us in our sole discretion.
You expressly acknowledge and agree that once you submit User Generated Content through our Sites, it will be accessible by other users of the Sites, and that there is no confidentiality or privacy with respect to such User Generated Content, including, without limitation, any personal information that you may make available. YOU, AND NOT THE FOUNDATION, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER GENERATED CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITES.
You retain all copyrights and other intellectual property rights in and to the User Generated Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your User Generated Content as reasonably necessary to provide the Sites.
If you submit User Generated Content to us, each such submission constitutes a representation and warranty to the Foundation (i) that such User Generated Content is your original creation (or that you otherwise have the right to provide the User Generated Content), (ii) that you have the rights necessary to grant the license to the User Generated Content under the prior paragraph, (iii) that it and its use by the Foundation and its content partners as permitted by these Terms and Conditions does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, vulgar, defamatory, threatening, abusive, scandalous, unlawful, or obscene material or content that violates the terms of these Terms and Conditions or encourages a criminal offense, (iv) that such User Generated Content shall not contain a review or any portion thereof that you were paid to write either directly or indirectly, and/or (v) that except as otherwise permitted by us in writing, such User Generate Content will not contain any advertising, promotional, solicitation or other commercial material.
Unlawful or Prohibited Use.
You may not use the Sites for any purpose that is prohibited by these Terms and Conditions or is otherwise prohibited under applicable law. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any Sites.
Use of the Sites is subject to these rules:
1. Content that expressly or impliedly endorses or opposes any candidate for public office or any political party; and
- Content that 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, hyperlinks to website pages that contain these types of Content, or which direct users to such materials, also are prohibited.
- As a private foundation, the Foundation is prohibited from supporting attempts to influence the outcome of any election for public office or engaging in lobbying activity. Accordingly, these types of content are prohibited:
2. Be respectful of others -- do not post:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, sexually explicit, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Content that falsely states or otherwise misrepresents your identity, affiliation with the Foundation, or any person or other entity;
- Confidential business or personal information, or content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
- Content that makes available unsolicited or unauthorized advertising, promotional materials, sweepstakes, junk mail, spam, chain letters, pyramid schemes, or any similar form of solicitation;
- Content that is fraudulent, false, inaccurate or misleading;
- Content that violates any law, ordinance or regulation; that promotes illegal activities; that is harmful to minors; or
- Links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Access and Interference
The Foundation is not responsible for interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or the Content therein.
You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Sites automatically.
Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the website or any activities conducted on the Sites; or (c) bypass any measures we may use to prevent or restrict access to the Sites.
Links
Links to Other Websites. From time to time, the Sites may contain links to other applications, social media platforms, and/or websites that are not owned, operated or controlled by the Foundation. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site containing the link.
We are not responsible for any content, materials or other information located on or accessible from any other website, including, but not limited to, any content that violates restrictions applicable to us as a private foundation. We also are not responsible for any products or services that you buy from third party websites or any donations made through those websites.
We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.
Links to the Sites. By creating a link to any portion of the Sites, you agree to be bound by the following terms. Your compliance with these terms, as they may be revised from time to time in the Foundation's sole discretion, is a prerequisite to your continued right to link to the Sites:
- Unless you have a written agreement with the Foundation granting you permission to use the Foundation's logo as a link, you must use hypertext only to link to the Sites and it must be in the following form: "Robert Wood Johnson Foundation";
- You may not insert any intermediate page, splash page or other Content between the link and the applicable page from the Sites or create a frame around the information provided from the Sites or present it in any way other than it is presented on the Sites;
- The posting of a link to the Sites is not an endorsement by the Foundation of you, your viewpoints or any of the products or services that you or your organization may provide, and, when linking to the Sites, you may not state or imply that the Foundation is endorsing you, your viewpoints or any of the products or services that you or your organization may provide;
- You may not represent that you or your organization has a relationship with the Foundation or any of the events, products or services that the Foundation provides unless that relationship is the subject of a written agreement that has been signed by the Foundation;
- You shall not use any portion of the Content of the Sites to carry on propaganda or otherwise attempt to influence legislation within the meaning of Section 4945(d)(1) of the Internal Revenue Code; and
- The Foundation assumes no liability or responsibility whatsoever for any Content of any other website that is linked to the Sites; the Foundation reserves the right to terminate any links to the Sites as it deems necessary, with or without cause or warning. If the Foundation chooses to exercise this right, you will be required to remove your link to the Sites immediately.
Indemnification
You agree to indemnify, defend and hold harmless the Foundation and the Representatives from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the Sites, your User Generated Content, any assistance or services provided by us or the Representatives to you, any alleged unauthorized use of the Sites by you, your negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of law; your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right or any breach or alleged breach by you of these Terms and Conditions. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms and Conditions.
Release
In the event that you have a dispute with one or more other users of the Sites, you release the Foundation and the Representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Applicable Law and Jurisdiction
Unless otherwise noted, the Sites are controlled and operated from the Foundation's offices in the State of New Jersey. By accessing the Sites, you agree to be bound by the terms and conditions of this agreement which is governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any conflict of laws principles. All activity occurring in connection with the Site (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of New Jersey.
In connection with any suit, action or proceeding arising from or relating to these Terms and Conditions, you consent to the jurisdiction of the federal and state courts within the State of New Jersey.
Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms and Conditions. We may, without waiving any other remedies under these Terms and Conditions, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New Jersey for purposes of any such action by us.
Electronic Communications; Binding and Entire Agreement
These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and the Foundation and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and Conditions and all documents or notices relating to them and your use of the Sites.
Severability
If any of these Terms and Conditions is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms and Conditions will be enforceable to the fullest extent permitted by law.
Assignment
You may not assign this Agreement without our prior written consent.
No Waiver
The Foundation's failure to enforce these Terms and Conditions in every instance in which they might apply is not a waiver of any of the Foundation's rights, and the Foundation reserves its right to take all legal steps available to enforce these Terms and Conditions.
Termination
We reserve the right to terminate any of the Sites and/or these Terms and Conditions at any time without notice for any reason, including, in the case of these Terms and Conditions, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms and Conditions shall survive any such termination.