TERMS AND CONDITIONS OF USE
Please read the following terms and conditions relating to your use of this website carefully. By using this website, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this website after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this website.
Scope of Terms and Conditions
These terms and conditions apply to your use of this website. These terms and conditions do not apply to your use of unaffiliated websites to which the Parkview Huntington Family YMCA website only links.
Restrictions on Use of Materials
The contents of the Parkview Huntington Family YMCA’s website (the website) are protected by copyright and trademark laws, and are the property of the Parkview Huntington Family YMCA. Unless we say otherwise, you may access the materials located within the website only for your personal use. This means you may download copies of posted materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the website.
These terms and conditions apply only to the website, and not to the websites of any other companies or organizations, including those to which the website may link. We are not responsible for the availability of any other website to which the website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or Webmaster. We reserve the right, however, to rescind any permission granted by us, and to require termination of linking to the website, at our discretion at any time.
The services materials on the website are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that any functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components.
We do not make any representations regarding the use or the results of the use of the services or materials in this website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair or correction to your system.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We do not endorse, warrant or guarantee any products or services offered on the website. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the website, or any products of services provided pursuant to the website, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the website.
No Personal Advice
The information contained in or made available through the website cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the website. We will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
You agree to defend, indemnify and hold us harmless, and our 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) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
We control and operate this website from our offices in the United States of America. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access this website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the website by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe upon another party’s copyright to remain on the website.
If you believe any materials on the website infringe upon a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
iii. 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 us to locate the material;
iv. Information reasonably sufficient to permit us 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;
v. 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; and
vi. 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.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
You do not have to provide personal information to use our Website. However, particular services provided through the Website require that you furnish personal information. We collect personal information only when you provide it to us, for example, in registering for programs; pledging support (online giving); registering information about membership or volunteering, and when taking part in promotional opportunities or registering for general information on programs and services. You may be asked to provide your contact information (such as your name, address, telephone numbers, and/or email address), and demographic information (such as your zip code, location, or age) in connection with your use of such service.
Contact information is used to respond to your inquiries; to notify you in connection with your request for services; register you for programs or services; include you in our communications to members; or contact you with regards to your inquiries from our Website. You also may receive periodic mailings (direct or via email) about our services, membership promotions, or upcoming events.
Disclosure of Information
We may also disclose personal information, if we believe that we are required to do so by law, to comply with legal process or governmental requests, to enforce the YMCA Code of Conduct, or to protect the rights, property, or safety of the YMCA, its users, or the public.
In order to improve our services to you, we may ask some of our customers to voluntarily complete surveys, which may be collected by an independent third party. Individual survey answers are confidential. If you do not wish to participate in a survey, simply decline to participate when asked.
The YMCA offers free newsletters and promotional emails as a service to our customers. The YMCA will send you newsletters and e-mails periodically listing current specials and deals. If you wish to opt-out of these items, simply click the “unsubscribe” link. In addition, by providing your email on the membership application, you are granting implied consent to receive emails periodically regarding YMCA news and updates. If you choose not to receive these items, please email [email protected].
If you contact the YMCA or our customer service representatives by telephone, email or letter, we may keep a record of your correspondence or comments. If you report a problem with our Website, we may collect such information in a file specific to you. If you contact us through our feedback area or by calling one of our customer service representatives, we may ask for your name, e-mail address and other information in order to send you a reply.
We do not sell, trade, or license your information to others without your consent. If a customer does not pay us for services ordered, we may submit their account information to a third party collection agency. Except as otherwise stated in this Policy, without your consent, the YMCA does not disclose its customers’ personally identifiable information to other merchants.
We encourage you to check and promptly update your information if it changes at your home branch. You may ask to have the information on your account deleted or removed; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Also, as a security measure we “back up” the data stored on our systems, and such prior information cannot be completely removed from our databases. As a result, you should not expect that all personal information will be completely removed from our backed-up databases.
When you use our Website, “cookies” may be stored on your computer in order to facilitate your use of our Website. A cookie is a small text file, which a website stores on your computer’s hard drive (if your browser setting permits) that can later be retrieved to identify you to the YMCA and customize your experience. The cookies make your use of the site easier, make the site run more smoothly, and help us to maintain a secure site.