Henry Ross lived and oved the Adirondacks in NY. He was tragically killed in a snowmobile accident on the Sacandaga Lake. In Henry’s honor and with the goal of helping others, we established the Henry D Ross III Memorial Fund in 2017.

We are committed to providing the time and resources needed to improve the safety of our community.

In February 2019 we released the GPS based recreational notification app called Send It – HDR III. This allows users to enter alerts and notifications on our lakes, trails and everyday places often overlooked. The app will mark the gps location with an icon for others to see. We are only as good as our members.

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Henry D Ross III Memorial Fund

Terms of Service

Terms of Use

· Your Acceptance

  1. By using and/or visiting this app (collectively, including all content and functionality available through “Send It-HDR III app”, you signify your agreement to (1) these terms and conditions (the “Terms of Use”), and the (2) Henry D Ross III Memorial Fund’s privacy notice incorporated here by reference. If you do not agree to any of these term and the, the Henry D Ross III Memorial Fund’s privacy notice, please do not use the Send It – HDR III app.
  2. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. Henry D Ross III Memorial Fund may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
  3. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND MOBILE SOFTWARE WEBSITES.

· Warranty Disclaimer

You agree that your use of the Send It – HDR III app shall be at your sole risk. To the fullest extent permitted by law, Henry D Ross III Memorial Fund, it’s officers, directors, employees, and agents disclaim all warranties, expressed or implied, in connection with the app and your use thereof. Henry D Ross III Memorial Fund makes no warranties or representations about the accuracy or completeness of this app’s content and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the app, (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (4) any interruption or cessation of transmission to or from our app, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our app by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Send It – HDR III app.

· Limitation of Liability

In no event shall Henry D Ross III Memorial Fund, it’s officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our app, (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (4) any interruption or cessation of transmission to or from our app, (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our app by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the app whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that THE SERVICES ARE PROVIDED TO assist WITH PERSONAL SAFETY, BUT YOU SHOULD ALWAYS USE COMMON SENSE, obey all safety and driving laws, do not drive while your ability is impaired, AND SEEK HELP WHEN IT IS NEEDED.  Henry D Ross III Memorial Fund CANNOT AND DOES NOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS OR POLICIES. YOU SHOULD VERIFY THAT APPROPRIATE EMERGENCY PERSONNEL HAVE BEEN CONTACTED AND HAVE ALL INFORMATION NEEDED TO RESPOND TO THE EMERGENCY.

 

ALL INFORMATION PROVIDED IN THE APP IS ENTERED BY USERS FOR USERS. 

You specifically acknowledge that Henry D Ross III Memorial Fund shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

· Indemnity

You agree to defend, indemnify and hold harmless Henry D Ross III Memorial Fund, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Send It-HDR III app; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Send It – HDR III app.

· Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Send It – HDR III app is not intended for children under 13. If you are under 13 years of age, then please do not use the app.

Notices

You agree that, with respect to any written notice we are required or permitted to give you in connection with these Terms of Use, such notice shall be deemed effectively given immediately upon electronic transmission of acceptance.

Copyright and Trademark Notices

Other than Submissions belonging to users, we own the content on the Services provided in the app including software, text, visual and audio content (referred to together as “Content”) and Henry D Ross III Memorial Fund trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under applicable national and international laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Privacy/Removal/Termination

Henryross.org respects your privacy. We have therefore created a Privacy Policy in which explains how we collect, use, disclose and protect your personal information.

In your dealings with Henryross.org or the Send It – HDR III app, for example when you subscribe for the Services, you may provide us with personal information. Personal information means any information that directly or indirectly personally identifies you, like your name, street address, email etc. This processing of personal information must be done in a lawful manner, subject to the applicable laws and regulations in your area. Please see our privacy policy at www.henryross.org to learn more about how we use and process your personal information.

 

You can delete your account and all information by visiting https://henryross.org/contact-us.

Enter your information into the required fields requesting removal of your account.

Henry D Ross III Memorial Fund reserves the right, in its sole discretion, to terminate your access to the app and the related services or any portion thereof at any time, without notice.

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