Terms of Service
· Your Acceptance
· 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.
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.
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.
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.