Rangers Wanted App Privacy Policy
Theodore Roosevelt Presidential Library Foundation
P.O. Box 338
Medora, North Dakota 58645
RANGERS WANTED APP PRIVACY POLICY
Effective Date: April 3, 2023
The Rangers Wanted mobile application (“App”) is operated by the Theodore Roosevelt Presidential Library Foundation (“TRPLF,” “we,” “us,” or “our”). This Privacy Policy explains TRPLF’s data practices as applicable to the App, defines our users’ (“you” or “your”) privacy options, describes how your information is collected and used by TRPLF. This Privacy Policy applies to you, as the end user or the parent or legal guardian of the end user as the case may be.
This Privacy Policy governs your use of the App and any information we may access through social media platforms such as Facebook, Instagram, LinkedIn, or Twitter. For the purposes of this Privacy Policy, we will refer to access points as the Rangers Wanted’s platform (“Platform”).
By using the Platform, you agree to the terms of this Privacy Policy.
A. Revisions to the Privacy Policy
We reserve the right to modify this Privacy Policy from time to time and will mark new versions with a corresponding effective date. We recommend you visit the App to review any changes in our practices. Your continued use of the Platform constitutes your agreement to our then-current Privacy Policy.
B. Children’s Use of the Platform
The App is primarily targeted at children. Whenever we refer to children in this Privacy Policy, we mean children under the age of 13, unless otherwise indicated. TRPLF complies with the Children’s Online Privacy Protect Act (COPPA). TRPLF takes precautions designed to protect the online privacy of children.
TRPLF does not knowingly collect personal information as defined by COPPA from children through the Platform. If we learn or have reason to suspect that we have collected personal information from a child in violation of COPPA, we will promptly delete it. Parents should note that if they provide information about their child through the Platform, COPPA will not apply to that information.
C. What Information Do We Collect?
Subject to TRPLF’s compliance with COPPA and other applicable data protection laws, TRPLF may collect, use, share, and otherwise process personal information from children in accordance with this Privacy Policy. TRPLF may seek verifiable parental consent as necessary to comply with COPPA and other applicable data protection laws. In either case, TRPLF will not collect more personal information from children than is necessary for children to use the App.
We may collect, use, and share personal information through the App as follows:
Registration: TRPLF treats all users as children and does not screen users for age at the time of registration.
Notifications: The App may allow children to receive local notifications on their devices. This means that the App may send notifications to the device at preset times but will not collect any personal information in connection with the notifications. These notifications may be turned off at any time through the device settings. We do not use push notifications in the App.
Camera: The App uses augmented reality to create a gameplay in the world around you. We ask for camera permissions to overlay the view of your camera on top of our gameplay. We do not record or capture any data from the camera.
Persistent Identifiers: Through the App, TRPLF collects, uses, and shares persistent identifiers, such as device identifiers or IP addresses solely for the purpose of providing support for the internal operations of the App or as otherwise permitted by COPPA and other applicable data protection laws. This information may be collected by TRPLF or a third-party service provider of TRPLF.
In addition, TRPLF collects information that you provide on or through the Platform, including information you provide when you play the game, access our content, or contact customer support. We use service providers to collect information.
Information Collected Automatically
TRPLF automatically collects information about your use of the Platform to help us improve the App, our services, or for other purposes as described in this Privacy Policy. We automatically collect the following categories of information:
App Use Data, including information about online activity such as feature usage and game play statistics;
Device Connectivity and Configuration Data, including information about hardware, software, platform, media, connection data, your internet service provider, and your device’s regional and language settings;
Location Data, including location derived from an IP address. We do not collect precise location data; and
App Technologies, which are technologies included in the App which allow us to analyze the performance of the App and provide you with additional functionality.
D. How Is the Information We Collect Used?
We collect information about you in order to ensure the App works properly, such as for:
Managing and optimizing the App, such as by enabling your use of the App, delivering you content, monitoring and analyzing trends, usage, and activities, and diagnosing problems with and improving the App;
Communicating with you and facilitating your requests, including responding to your questions and requests, including providing user support;
Protecting the App and user rights, including obtaining verifiable parental consent, as necessary, preventing and addressing fraud, breach of this Privacy Policy or our Terms of Use, and sending you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
Compliance with legal obligations, such as sharing information to comply with the law or a legal proceeding, such as in response to a subpoena or court order; and
Other purposes as necessary to carry out our obligations under this Privacy Policy.
E. When do we Disclose Information?
We will not share your information with third parties to directly market their products to you. We may provide user information to third-party service providers or vendors for purposes including but not limited to:
Data tracking;
Maintenance or development of the App; and
Development of additional functionality of the App.
We may also share this information with any subsidiaries, licensees, suppliers, distributors, affiliates, assigns, successors, or other related entities and their respective owners. We may also share your personal information in connection with law enforcement requests or in response to investigations, subpoenas, court orders, or other legal processes to establish or exercise our legal rights or defend against legal claims, or as otherwise required by law.
Business Transfers
We may also disclose your information to a third party as part of reorganization or a sale of the assets of TRPLF or its affiliates. Any third party to which TRPLF transfers or sells the App or related assets will have the right to continue to use the personal and other information that you provide to us.
Notwithstanding the foregoing, TRPLF may share or disclose information that does not identify you (including information that has been aggregated and deidentified) with other parties except as prohibited by law.
F. Behavioral Advertising
We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display advertisements for the App on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Theodore Roosevelt Presidential Library website (https://www.trlibrary.com) or another site affiliated with TRPLF. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.
G. Security of Information
We maintain administrative, physical, and technical safeguards for all user information collected in the Platform.
H. Parental Choices and Controls
As part of the verifiable parental consent process, where applicable, parents and legal guardians will have the choice of consenting to our collection and internal use of their children’s personal information but prohibiting us from disclosing that information to other entities (except to the extent such disclosure is integral to the App). Additionally, any parent has the right to: (1) review, correct, or delete the child’s personal information; and/or (2) discontinue further collection, use, or sharing of the child’s personal information. Please note that exercising these choices may restrict your child’s ability to access certain functionality of the App.
If you are a parent or guardian and believe that we have collected your child’s personal information in violation of COPPA, please contact us as set out in Section L, Contact Information, and we will remove such information to the extent required by COPPA.
I. What are My Options?
By providing information to us or using our Platform, you are consenting to our use of your data as outlined in this Privacy Policy. While we work hard to use and disclose our users’ personal information only for the purposes identified above, you can choose not to provide personal information or limit the personal information obtained by us.
If you wish to request access to certain information you have voluntarily provided to TRPLF or request that such information be corrected or deleted, or if you have any questions, comments, or concerns about this Privacy Policy or the information practices of TRPLF, please contact TRPLF as set out in Section L, Contact Information. Your right to access, correct, or delete your information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections.
You can stop all collection of information via the App by uninstalling the App. You can also reset your device ID at any time through your device settings, which is designed to allow you to limit the use of information collected.
If you believe we have collected or stored any personal information from children 13 in violation of COPPA, parents or legal guardians can request access to review such information, have it deleted, or stop our further collection or use of such information.
J. Do Not Track Signals
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect a signal from your browser.
K. State Privacy Laws
California Privacy Rights
Under the California Consumer Privacy Act, residents of California are provided with certain rights regarding their personal information, such as:
The right to know, by way of our Privacy Policy and any specific inquiries you direct to us, the categories of personal information we collect from you, the source(s) of that personal information, what we use that information for, whether it is being disclosed or sold, and if so, to whom;
The right to “opt-out” of our sale of your personal information to any third parties;
The right to request that we stop sharing your personal information with third parties;
The right, with some exceptions, to have your personal information deleted from our possession or control;
The right to correct inaccuracies in your personal information; and
The right to receive equal service and pricing from us even if you exercise any of your privacy rights.
For all California residents, any such inquiries shall be responded to within forty-five (45) days and at no cost to you. We must verify your identity with respect to such inquiries. Depending on the nature of the personal information at issue, we may require additional measures or information from you as part of that verification. You (or a person registered with the California Secretary of State you have authorized to act on your behalf) may make up to two such inquiries within a twelve-month period.
We do not provide your personal information to third parties who would directly market to you via mail, telephone, or email, nor do we knowingly “sell” your personal information to third parties as contemplated under the California Consumer Privacy Act.
To contact us to exercise any of the California rights listed above, contact us in accordance with Section L, Contact Information.
Colorado Privacy Rights
For Colorado residents, this section describes the rights you may have under Colorado law as of July 1, 2023. These disclosures are intended to supplement this Privacy Policy with information required by Colorado law.
Under the Colorado Privacy Act, residents of Colorado are provided with certain rights regarding their personal information, such as:
The right to access a copy of the specific pieces of personal information that we have collected about you;
When you exercise your right to access, the right to receive your personal information in a portable and, to the extent technically feasible, readily usable format;
The right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information;
The right to request that we delete or anonymize your personal information, with certain exceptions; and
The right to opt-out of targeted advertising and the sale of your personal information.
To submit a request to access (including a request to obtain personal information in a portable format), correct, or delete your personal information as a consumer or as an authorized agent, please contact us as set out in Section L, Contact Information. We must verify your identity with respect to such requests. Depending on the nature of the personal information at issue, we may require additional measures or information from you as part of that verification. To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent permission to submit the request on your behalf. If we deny your request, you may appeal your request within thirty (30) days from when your request was denied by contacting us as set out in Section L, Contact Information.
We do not knowingly sell the personal information of consumers under 18 years of age.
Connecticut Privacy Rights
For Connecticut residents, this section describes the rights you may have under Connecticut law as of July 1, 2023. These disclosures are intended to supplement this Privacy Policy with information required by Connecticut law.
Under the Connecticut Data Privacy Act, residents of Connecticut are provided with certain rights regarding their personal information, such as:
The right to confirm whether we process personal information about you and to access a copy of the specific pieces of personal information that we have collected about you;
When you exercise your right to access, the right to receive your personal information in a portable and, to the extent technically feasible, readily usable format;
The right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information;
The right to request that we delete or anonymize your personal information, with certain exceptions; and
The right to opt-out of targeted advertising and the sale of your personal information.
To submit a request to access (including a request to obtain personal information in a portable format), correct, or delete your personal information as a consumer or as an authorized agent, please contact us as set out in Section L, Contact Information. We must verify your identity with respect to such requests. Depending on the nature of the personal information at issue, we may require additional measures or information from you as part of that verification. To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent permission to submit the request on your behalf. If we deny your request, you may appeal your request within thirty (30) days from when your request was denied by contacting us as set out in Section L, Contact Information.
We do not knowingly sell the personal information of consumers under 18 years of age.
Utah Privacy Rights
For Utah residents, this section describes the rights you may have under Utah law as of December 31, 2023. These disclosures are intended to supplement this Privacy Policy with information required by Utah law.
Under the Utah Consumer Privacy Act, residents of Utah are provided with certain rights regarding their personal information, such as:
The right to confirm whether we process personal information about you and to access a copy of the specific pieces of personal information that we have collected, used, and/or disclosed;
When you exercise your right to access, the right to receive your personal information in a portable and, to the extent technically feasible, readily usable format;
The right to request that we delete or anonymize your personal information, with certain exceptions; and
The right to opt-out of targeted advertising and the sale of your personal information.
To submit a request to access (including a request to obtain personal information in a portable format), correct, or delete your personal information as a consumer or as an authorized agent, please contact us as set out in Section L, Contact Information. We must verify your identity with respect to such requests. Depending on the nature of the personal information at issue, we may require additional measures or information from you as part of that verification. To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent permission to submit the request on your behalf. If we deny your request, you may appeal your request within thirty (30) days from when your request was denied by contacting us as set out in Section L, Contact Information.
We do not knowingly sell the Personal Information of consumers under 18 years of age.
Virginia Privacy Rights
For Virginia residents, this section describes the rights you may have under Virginia law. These disclosures are intended to supplement this Privacy Policy with information required by Virginia law.
Under the Virginia Consumer Data Protection Act, residents of Virginia are provided with certain rights regarding their personal information, such as:
The right to confirm whether we process personal information about you and to access a copy of the specific pieces of personal information that we have collected about you;
When you exercise your right to access, the right to receive your personal information in a portable and, to the extent technically feasible, readily usable format;
The right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information;
The right to request that we delete or anonymize your personal information, with certain exceptions; and
The right to opt-out of targeted advertising and the sale of your personal information.
To submit a request to access (including a request to obtain personal information in a portable format), correct, or delete your personal information as a consumer or as an authorized agent, please contact us as set out in Section L, Contact Information. We must verify your identity with respect to such requests. Depending on the nature of the personal information at issue, we may require additional measures or information from you as part of that verification. To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent permission to submit the request on your behalf. If we deny your request, you may appeal your request within thirty (30) days from when your request was denied by contacting us as set out in Section L, Contact Information.
We do not knowingly sell the Personal Information of consumers under 18 years of age.
L. Contact Information
To contact us with any questions or inquiries about this Privacy Policy or our privacy practices, please contact us at:
Theodore Roosevelt Presidential Library Foundation
P.O. Box 338
Medora, North Dakota 58645
hello@trlibrary.com
701-623-1883
RANGERS WANTED APP TERMS OF USE
Effective Date: April 3, 2023
This mobile application (“App”) is operated by the Theodore Roosevelt Presidential Library Foundation (“we, “us,” “our” or “TRPLF”). The following Terms of Use (together with any documents referred to in them, these “Terms”) apply to you, as the end user or as the parent or legal guardian of the end user as the case may be (“you” or “your”).
PLEASE READ THESE TERMS AND OUR PRIVACY POLICY [CSJ1] CAREFULLY BEFORE DOWNLOADING THE APP, REGISTERING AN ACCOUNT, AND/OR USING ANY PART OF THE APP. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT DOWNLOAD, USE, OR ACCESS ANY PORTION OF THE APP.
KIDS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY AND/OR AGE PERMITTING YOU TO FORM A CONTRACT IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS.
By using the App, you agree to these Terms. If you do not agree to these Terms and our Privacy Policy, do not use or access the App.
By consenting to these Terms, downloading, and or using the App, or allowing it to be downloaded and/or used, you acknowledge that: (a) you are a resident of the United States and are at least 18 years of age or any other legal age required to form a contract in your jurisdiction; (b) you have the right, authority, and legal capacity to agree to these Terms, (c) you have read, understood, and agree to be bound by the terms and conditions herein with respect to yourself and any minor child authorized by you; and (d) you have read, understood, and agree to be bound by TRPLF’s Privacy Policy with respect to yourself and any minor child authorized by you.
These Terms are between you and TRPLF only. TRPLF is solely responsible for the App. Apple, Inc., Google LLC, and Amazon.com, Inc., and their affiliates, are not parties to these Terms; however, Apple, Inc., Google LLC, and Amazon.com, Inc. and their affiliates are third party beneficiaries of this agreement as it pertains to the App. As such, once you accept these Terms, Apple, Inc., Google LLC, and Amazon.com, Inc. shall have the right to enforce these Terms against you as they pertain to the App.
Revision to these Terms
We may revise and update these Terms in our sole discretion and will post any updates to these Terms on the App. Your continued use of the App, or any other service provided through the App, means that you accept and agree to the modified Terms.
A. License Grant; App Access; Information You Provide
Subject to these Terms, we hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the App. As a condition of your use of the App, you warrant that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the App, or interfere with any other party’s use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
All content included as part of the App, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree that you will not copy, modify, alter, revise, paraphrase, display, store, timeshare, sublicense, publish, transmit, sell, rent, lease, or otherwise transfer or distribute any content, in whole or in part, found on the App or any portion thereof, or create derivative works thereof, except as specifically authorized herein. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other license provisions contained on the App. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
In the event of any third-party claim that the App infringes that third party’s intellectual property rights, TRPLF, not Apple, Inc. nor Alphabet, Inc. or Amazon.com Services, LLC, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
All information you provide to us through the App must be current, accurate, and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate your right to access and use the App. You represent and warrant that you have all rights necessary to receive, use, transmit, and disclose all data that you use in any way with the App.
B. User Content on the App
To the extent portions of the App allow you to comment or otherwise post regarding content on the App (“User Content”), you may not post User Content that:
Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory;
You know (or reasonably should know) is false, deceptive, or misleading;
Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, passwords, or other authentication methods;
Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
Violates any applicable local, state, national, or international law.
By posting User Content on the App, you represent and warrant that the posting of your User Content does not violate these Terms or applicable laws.
TRPLF does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on the App. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit, or remove any User Content, in whole or in part, at our sole discretion.
UNDER NO CIRCUMSTANCES SHALL TRPLF OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE APP. We do not control, have no obligation to monitor, and are not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the App.
C. Security and Updates
A password or another form of authentication (“Authentication Method”) may be required to access and use the App. You are solely responsible for (1) maintaining the strict confidentiality of the Authentication Method assigned to or created by you, (2) instructing any individual to whom you disclose your Authentication Method not to allow another person to use your Authentication Method to access the App without your express permission, (3) any charges, damages, or losses that may be incurred or suffered as a result of your failure, or the failure of any individual using your Authentication Method, to maintain the strict confidentiality of the Authentication Method, and (4) promptly informing us in writing of any need to deactivate an Authentication Method due to security concerns. We are not liable for any harm related to authorization, disclosure, or theft of your Authentication Method. You agree to immediately notify us of any unauthorized use of your Authentication Method. You will be liable for any use of the App through your Authentication Method. Additionally, you are liable for any unauthorized use of the App until you notify us of any security breach.
TRPLF may from time to time in its sole discretion develop and provide updates to the App, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that TRPLF has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.
D. Feedback
You agree to reasonably cooperate with us in providing any comments and other feedback with respect to use of the App or any component thereof. By submitting information to us, you grant to us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such information, subject to applicable laws and regulations, these Terms, and our Privacy Policy.
E. Confidential Personal Information
The App may enable you to transmit and store confidential personal information regarding you, your family, or other persons. You represent and warrant that you will, at all times during the term of these Terms and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the confidential personal information. You further represent and warrant that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of these Terms and thereafter, solely responsible for obtaining and maintaining all legally necessary consents or permissions, required or advisable, to disclose, process, retrieve, transmit, and view the confidential personal information you transmit or store in connection with the App. You agree that we, our licensors, and all other persons or entities involved in the operation of the App, have the right to monitor, retrieve, store, and use confidential personal information in connection with the operation of the App, and that we are acting on your behalf in transmitting confidential personal information. We agree to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and as may be required or permitted by law. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF CONFIDENTIAL PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, OR STORED WHILE USING THE APP OR ANY SERVICES OFFERED THEREON.
F. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING BY COURSE OF DEALING, CUSTOM OR TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. FURTHER, WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE APP: (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODES, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE APP.
G. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR PROVIDERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) USE OF THE APP OR ANY SERVICES OFFERED THEREON, (2) RELIANCE ON THE CONTENT BY YOU OR ANYONE USING YOUR AUTHENTICATION METHOD, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THESE TERMS, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $500. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US WHICH CONSIDERS THE FEES, IF ANY, WE CHARGE TO USE THE APP. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE APP TO YOU.
H. Indemnity
You agree to defend, indemnify and hold us harmless from any claims, losses, expenses, costs or damages (including reasonable attorneys’ fees, expert fees; and other costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms, (2) use of the App and any services offered thereon by you or any other person using your Authentication Method, (3) the unauthorized or unlawful use of the App by you or any other person using your Authentication Method, and (4) any claim that your content violates the intellectual property rights of a third party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
I. Term and Termination
These Terms remain in force until terminated by us. Upon termination, your access to the App will cease.
Your right to access and use the App immediately terminates without further notice upon your breach of these Terms. We may terminate these Terms and/or your right to use the App at any time, with or without cause.
Paragraphs A, B, F, G, H, I, J, K, L, M, and N of these Terms survive the expiration or termination of these Terms for any reason whatsoever. We reserve the right to discontinue or make changes to the App at any time.
J. Links to Other Websites and Connecting through Social Media.
The App may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the App does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the App to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
K. App Stores
Your use of the App is subject to the terms and conditions of the App Store on which you downloaded the App. For details, refer to the terms of use of the App Stores, as applicable.
L. Assignment/Waiver and Governing Law
We may assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights under these Terms without our prior written permission. Any attempt by you to assign your rights under these Terms without our permission shall be void. The waiver by us of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms shall remain in full force and effect.
These Terms are governed by the laws of the State of North Dakota without giving effect to any principles of conflicts of law. Any claim or dispute related to the App or under these Terms, the Privacy Policy, and any legal notices on the App, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in or near the County of Billings, in the State of North Dakota.
M. Terms for Apple iPhone, iPod Touch, and iPad End Users
These terms supplement and are in addition to the Terms for users who purchase and/or install the App on Apple, Inc. (“Apple”) iPhone, iPod Touch, Apple TV, and/or iPad products (collectively the “Apple Devices”).
You acknowledge and agree that these Terms are between you and TRPLF only, not Apple. Further, by installing and/or purchasing the App, provided that you fully comply with the terms and conditions of herein, you are acquiring and TRPLF grants you a personal, limited, non-exclusive, and non-transferable license to use the App on authorized Apple Devices for personal, non-commercial use, and subject to the Apple Terms and Conditions (also referred to as the Usage Rules) set forth in the App Store Terms of Service. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund any purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be TRPLF’s responsibility. You acknowledge and agree that Apple shall not be responsible for addressing any claims by you or any third party relating to your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claims that the App fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims by any third party that the App or your possession and use of the App infringes on the intellectual property rights of the third party. You represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country”; and that (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Term, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
N. Entire Agreement
These Terms contain the entire agreement between you and us relating to the subject matter hereof and supersedes any other oral or written communications relating thereto. You agree that you have not relied on any other verbal or written statements, actions or representations by us, our employees, or agents in consenting to these Terms. These Terms may not be amended or supplemented by any document originated by you relating to the subject matter hereof, or any statements of any of our employees and agents.
Contact Information
To contact us with any questions or inquiries about these Terms, please contact us at:
Theodore Roosevelt Presidential Library Foundation
P.O. Box 338
Medora, North Dakota 58645
hello@trlibrary.com
701-623-1883