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Terms

Augustus A. White III Institute for Healthcare Equity, Inc.

Terms of Use

Last Modified: December 16, 2021

Important. Please review the following terms and conditions carefully. These Terms of Use constitute a legally binding agreement between Augustus A. White III Institute for Healthcare Equity, Inc. (“AAW” or “our” or “we” or “us”) and you. These Terms of Use govern your access to and use of the on-line services offered by AAW, including, without limitation, www.aawinstitute.org, and any media, software, programs, services, tools, features, functionality, materials, content, or information available (collectively, the “Sites”).

The Sites are all offered by AAW to you on the express condition that you accept, without modification, and abide by these Terms of Use. By downloading, accessing, or using any part of the Sites, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at https://www.AAW.org/privacy-policy. AAW reserves the right to amend these Terms of Use at any time in its sole discretion and will post any changes, which are effective immediately upon posting. Your continued use of the Sites after any such changes constitutes your acceptance of the new terms and conditions.

The Sites are offered and available to users who are (i) 18 years of age and (ii) reside in the United States or any of its territories or possessions. By using the Sites, you represent and warrant that you met all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.

Disclaimer.

You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. The materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While AAW endeavors to provide general information, healthcare information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. AAW does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the information provided on the Sites or by the companies or organizations linked or referred to in the Sites.

Medical Advice Not Provided.

The Sites do not offer medical advice to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified healthcare professionals who are familiar with individual medical conditions and needs, and any reliance you place on such information is strictly at your own risk. AAW encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites.

In certain instances, AAW permits third parties to provide information on the Sites. AAW may also from time to time post articles and other information provided by third parties that might be of interest or benefit to the public and users of our Sites such as individuals with particular healthcare expertise. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not those of AAW or endorsed by AAW, and AAW disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites.

Ownership and Rights to Use Materials.

The Sites and all of its’ content, features, and functionality, including any and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein, are owned or controlled by AAW, our licensors and certain other third parties, and are protected by United States and international copyright, trademark, trade dress, trade secret, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

The AAW name, AAW logo, and all related names, logos, product and service names, design, and slogan are trademarks of AAW or its affiliates or licensors. You must not use such marks without the prior written permission of AAW.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You may (i) display, view, use, and play content from the Sites on a computer, mobile or other internet enabled or permitted device as it is displayed to you; (ii) store files that are automatically cached by your web browser for display enhancement purposes; and (iii) print or download copies of the Sites’ content for your own personal, non-commercial use.

If the Sites include a “send to friend,” social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes a message or other content, or to post our content to third party services or your own site or on-line service, and that tool is operational, you may use the tool to do so; provided, however, that you do not do so in a manner that violates applicable law or third party rights and only to recipients you have permission to contact. If we provide third party plugins or social media features with certain content, you may take such actions as are enabled by such features. Failure to abide by these conditions will immediately terminate this permission and may result in the violation of applicable intellectual property and unfair competition laws.

Sponsors and Donors.

AAW may choose to acknowledge certain persons and companies who have provided donations or sponsorships. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. If you choose to click on the links to any of our donors’ or sponsors’ websites or otherwise engage in any correspondence or business dealings with any of our donors or sponsors, you do so on your own initiative and you agree that AAW takes no responsibility for the links to any of our donors’ or sponsors’ websites, and that

AAW is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such donors or sponsors in conjunction with the Sites.

Website Services.

Services. AAW may offer from time to time certain services or features on the Sites (including without limitation, accounts, message boards, blogs, chatrooms, public forums, on-line donations, and tutorials) (collectively, the “Services”). The following terms under these Terms of Use pertain to your ability to use the Services made available by AAW on the Sites. AAW will permit your use of the Services on the express condition that you accept, without modification, and abide by these Terms of Use.

Account Set Up. Browsing of the Sites’ public pages is currently provided free of charge to any person. However, access to certain features of the Sites such as posting on a blog may require that you establish and activate an account so AAW can track certain non-identifiable information. When you register for an account, you will be asked (i) to create a unique user name; (ii) a password and a valid email address for your account; and (iii) whether you have read these Terms of Use and agree to abide by its terms.

AAW reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email shortly after you register and you must confirm your email address and acceptance of these Terms of Use by clicking on the confirmation link in the notification email.

Once your account is activated and you have confirmed acceptance of these Terms of Use, you will be permitted to log in, load, post, and use the Services and the specific features of AAW. Your confirmation acknowledges that you have read these Terms of Use, understand your rights and obligations, and agree to be bound by these Terms of Use.

Password Protection. You must have a password to use certain services on-line. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your account made by you. You will immediately notify AAW if you have any reason to believe that another person has obtained or has the means to obtain your user name and password and has accessed or used your account without authorization, or you suspect any other breach of security; you will remain responsible for any unauthorized use thereafter. You agree that you will not reveal your user name and password to any other person, or take actions that would cause your user name and password to be revealed to any person, whether intentional or not. You must ensure that you exit or log-out from your account.

Age Requirement. As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then you cannot register or create an account.

Message Boards & Other Public Forums. As part of your access to certain services, you may participate in creating a profile and posting on certain message boards, blogs, chatrooms, instant messaging and other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential.

You further agree that AAW may use the posted content in any manner that it deems necessary or appropriate. AAW reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others, including content that AAW believes is offensive, obscene, lewd, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties, these Terms of Use, or other applicable additional terms.

AAW cannot and does not guarantee that it will post all content submitted or that such content will not be offensive, defamatory, or objectionable. Although AAW reserves the right to remove any posting without notice, AAW has no obligation to delete content that you personally may find objectionable or offensive. AAW does not control in real time the information posted and as such does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms of Use, AAW does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any AAW public forum.

You agree that any such content submitted to AAW will be treated as non-confidential and non-proprietary and will not be returned, and you hereby grant AAW and its affiliates and licensees the non-exclusive and unconditional, cost-free right and license to use your content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.

To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such content posted or shared by you. By posting content, you represent to AAW that you own or have the right to use and permit AAW to use such content in the manner stated above.

Privacy of Patient Information. The Health Insurance Portability and Accountability Act (“HIPAA”) may regulate and limit the use and disclosure of your private health information by certain healthcare institutions. However, you should know that the HIPAA regulations

apply only to information gathered in the treatment of patients and not information gathered by or through the Sites. AAW will not seek information from you that is protected by HIPAA, and you should not provide such information.

On-Line Donations.

In order to make a donation on-line, you must submit the necessary contact and payment information, including, without limitation, your name, address, payment card information and email address. You are responsible for the accuracy of the contact and payment information in your account(s) supplied by you to AAW. By providing such information to AAW by any means (e.g., email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to AAW for use in processing your donations from the Sites.

In order to make donations on-line using the payment method displayed on the Sites (e.g., VISA, MasterCard, American Express, Discover, etc.), you must be 18 years of age or over. By using the Sites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing AAW or its authorized vendors to collect any payments from a payment card, and to use the Sites in accordance with these Terms of Use. The billing to your payment card or to your account occurs at the time of purchase or donation to the Sites or shortly thereafter.

Disclaimer of Warranties.

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) IS AT YOUR SOLE RISK AND THE SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, AAW and their direct and indirect subsidiaries, affiliates, and each of their respective employees, volunteers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “AAW Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation the Sites, any user posted content, or any AAW Services.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, AAW HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. - 5 -

AAW CONTROLS AND OPERATES THE SITES AND SERVICES IN THE COMMONWEALTH OF MASSACHUSTTS, UNITED STATES OF AMERICA AND MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. AAW MAKES NO REPRESENTATION THAT THE SITE OR INFORMATION FOUND THROUGH THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITE FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITE FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS.

Disclaimer Regarding Translated Content.

In addition to the general disclaimer of warranties provided under these Terms of Use, AAW does not warrant the accuracy, reliability, or timeliness of any information provided on its Sites in languages other than English (“Translated Content”). Any person or entity that relies on information obtained from the Translated Content does so at his or her own risk. AAW is not responsible for any damage or issues that may possibly result from using the Translated Content. If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.

Limitation of Liability.

As permitted by applicable law, in no event and under no circumstances shall AAW Parties or the contributors of information to the Sites or our donors or sponsors, be responsible or liable to you or any third party for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, incidental, punitive or consequential losses or damages of any kind (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AAW’s AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF ONE HUNDRED (100) U.S. DOLLARS (USD).

Privacy.

AAW understands that many visitors to the Sites may be concerned about the information that they may provide or that may be generated from their use of the Sites and how AAW

may use such information. Protecting privacy is an important priority to AAW. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Sites and you can view our Privacy Policy.

Governing Law/Venue.

All matters relating to the Sites, Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America.

Augustus A. White III Institute for Healthcare Equity, Inc.

Privacy Policy

Last Modified: December 16, 2021

AAW values your trust and is committed to protecting your privacy. This Privacy Policy is designed to clearly communicate how we collect, use, and share your information. This Privacy Policy describes what information we collect about you, including when and how we collect it; how we use it; with whom we may share it; and what choices you have regarding our use of your information. In order to fully understand your rights, we encourage you to read this entire Privacy Policy as well as our Terms of Use.

This Privacy Policy applies to all information collected through your communications with AAW, whether electronic, written or oral; information collected through AAW websites or mobile applications (“Apps”); as well as any other information about you that we may collect off-line or receive from third parties (collectively referred to as the “Services”). By providing your information to AAW, you accept and agree to the practices described in this Privacy Policy. AAW collects basic information that is intended to be unidentifiable in support of our mission to reduce healthcare disparities.

Personal Information. While you are engaging with AAW, AAW may collect information that identifies you as an individual or which is linked or linkable to you as an individual (“Personal Information”). Examples of Personal Information include your gender identification, racial or ethnic identification, age range, primary language and zip code, and may include optional information such as your name, email address, mailing address, and phone number. AAW will not ask or solicit from your personal health information, and such information should not be provided in any forum.

Financial Information. If you donate to AAW, we will collect payment information such as your credit card number to process your transaction. We may also collect the name of your employing company, if you would like for that company to make a matching donation. We may use a third-party payment service to process payments made through the Services. We will retain your credit card information only for as long as necessary to process the transaction.

How Do We Collect Personal Information About You?

AAW may collect Personal Information in a variety of instances when you engage or communicate with us. For example, we may collect information about you in the following circumstances:

Log-in. We may request Personal Information whenever you log-in to your account. We reserve the right to request any additional information necessary to establish and maintain your account.

Site and App Use. We may collect Personal Information through your use of AAW Sites and Apps, including on-line public forums, discussion boards, or chatrooms. If

you become a registered user of AAW, we will collect log-in and profile information and may also collect information about your areas of interest. Please note that any information you post within public forums will become public and may be read, collected, and used by anyone. Please exercise caution when deciding whether to disclose your Personal Information in public forums.

Donations. If you make a donation to AAW, we will collect Personal Information from you that may include: your name, address, telephone number, and/or email address so that we can send you a receipt and/or thank you for your donation. We may also collect limited financial information to process your donations.

Employment or Volunteer Participation. If you seek employment with AAW or volunteer for AAW, we will collect information related to your role. For instance, we will collect employment history information if you submit a resume to AAW. If you are volunteering, we may ask about your experience in similar roles, and/or for any background information needed for the specific volunteer role, such as background checks.

Third-Party Fundraising Campaigns. Promotions or Events. We may use or interact with third parties to conduct fundraising campaigns, promotions or events, including on-line platforms. In these instances, we may receive access to donor reports which includes donor name, contact information and donation amount. We also may receive your Personal Information if you respond to a cause-related marketing campaign or other promotion benefitting AAW that is conducted by a corporate partner.

Social Media Interfaces. If you elect to connect your social media account to your AAW account, certain Personal Information from your social media account will be shared with us, which may include Personal Information that is part of your profile or your friends’ profiles. Your interactions with social media companies and the use of their features are governed by their privacy policies.

How May We Use Your Personal Information?

Generally, our use of Personal Information includes, without limitation, enabling you to make a donation, processing donations and purchase transactions, verifying your identity, managing your preferences, responding to your inquiry about volunteering time to AAW, processing grant applications, or providing information, such as sending marketing communications and newsletters. We may use Personal Information for the following purposes:

Mission Delivery and Support Operations. We will use your Personal Information to respond to your inquiries and to provide you with the information and resources. We may use your Personal Information to keep you informed about healthcare disparities that may be of interest to you, to invite you to upcoming AAW events in your area, or to request voluntary time or monetary contributions to AAW.

App Usage Data. When you download and use AAW Apps, we may track and collect App usage data, such as the date and time your device accesses our servers and what information and files have been downloaded to the App based on your device number.

Web Server Traffic Pattern Information and Browsing History. We collect standard web server traffic pattern information and your browsing history. General traffic, Site usage, browser information and length of stay information is collected.

Cookies. We use “cookies,” small files that are sent to your web browser and stored on your computer’s hard drive, to enhance your on-line experience. The cookies collect information about your use of our Services, such as the type of browser you use (such as Google Chrome or Microsoft browser), your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the website), how you were directed to the Services, which specific pages you accessed, how long you view each page, the time and date you access our Services and anonymous traffic data. If you do not want information collected by cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a cookie (or cookies) from a website. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services.

Other Uses or Disclosures of Personal Information. We may also use and disclose your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, which may include laws outside your country of residence, to respond to requests from public and government authorities, which may include authorities outside your country of residence, to cooperate with law enforcement, or for other legal reasons; (b) to enforce our Terms of Use; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others. In addition, AAW may use, disclose or transfer your information to a third- party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our organization (including in connection with any bankruptcy or similar proceedings).

What Are Your Privacy Options And Access?

Contact Preferences and Restrictions. We respect your privacy and recognize that you may wish to limit the ways in which we contact you and/or share your Personal Information, including for fundraising purposes. On many of our email communications, you may manage what type of communications you want to receive from AAW, or you may opt-out from receiving certain email communications. However, we will continue to send transaction-related emails regarding our relationship and the services you have requested.

In addition, AAW offers the following options: Do not contact me by postal mail, telephone, SMS (text) message or email, and do not share my contact information

with other nonprofit organizations. Do not contact me (ends all communications except transaction-related notifications).

Mobile Apps. You can stop Apps collection of information by uninstalling the Apps. You may use the standard uninstall processes available as part of your mobile device or network. To discontinue the collection of geolocation data within Apps, you can modify your privacy settings on your mobile device.

To Request a Copy of Your Personal Information and to Object to the Processing of Your Personal Information. Subject to applicable law, you may have the right to obtain confirmation regarding whether AAW processes Personal Information about you and/or to request access to and receive information about the Personal Information that we maintain. To make such a request, please contact us using one of the methods provided in “How to Contact Us.” In your request, please make clear what Personal Information you would like to review. For your protection, we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable, consistent with applicable law.

Subject to applicable law, you may also have the right to object to the processing of your Personal Information, and have the information blocked, anonymized, or deleted, as appropriate. This may include the ability to opt-out of the sale of personal data. Please note that in cases of deletion, we may keep limited personal information to document your request. The right to access Personal Information may be limited in some circumstances by local law.

What Are Our Data Security Protections?

AAW is committed to using reasonable organizational, technical and administrative measures designed to secure the information to protect Personal Information within our organization. For example, we incorporate industry-standard security controls (like firewalls) and protocols (like SSL/TLS) to create sites that are resistant to standard internet- based threats.

Unfortunately, however, no data transmission over the Internet, nor any data storage system, is 100% secure. While we strive to protect your information, we cannot ensure or warrant the security of such information on our or third-party sites. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us using the contact options on our Contact Us page.

AAW retains Personal Information that we receive for as long as necessary to fulfill the purpose(s) for which the information was collected and to pursue legitimate business purposes, to enforce our agreements, and comply with all applicable laws.

Notices and Disclosures.
Data Subject to U.S. Laws. AAW Services are controlled and operated by us from the United

States and are not intended to subject AAW to the laws or jurisdiction of any state, country, or territory other than that of the United States. Your Personal Information may be stored and processed in the United States where our servers are located and our central database is operated. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities may be entitled to access your Personal Information.

How To Contact Us About This Privacy Policy?

To let us know how you would like us to contact you, or to opt-out of receiving phone calls, emails, texts, or mail, or to stop sharing or selling your information, email your request to us with identifiable contact information so that we are able to respond to your request. If you have questions about our Privacy Policy, want to know what Personal Information of yours AAW is in possession of, or if you have a concern regarding our privacy practices, you can email us at privacy@aawinstitue.org (Need to make active), Attn: Legal, or use the contact options on our Contact Us page. Please provide a description of your comments or questions in enough detail so we can respond appropriately and contact you.

Updates To This Privacy Policy.

Since we will continue to implement new technologies and improve our services and features, this Privacy Policy is subject to change at any time, without notice. Changes will be posted here or in other formats that we deem acceptable and all changes will be effective immediately upon posting. When changes are made, we will update the date at the top of our Privacy Policy. Your continued use of AAW’s websites after the effective date of any modification to the Privacy Policy will be deemed to be your agreement to the changed terms.

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