Terms and Conditions | YMCA of Pierce and Kitsap Counties

Please carefully read these terms and conditions of use (“Terms of Use”) that are made and entered into by and between you and YMCA of Pierce and Kitsap Counties, and its parents, subsidiaries, affiliates and/or licensed entities, including but not limited to, YMCA of Pierce and Kitsap Counties (“YMCA of Pierce and Kitsap Counties”, “we”, “us”, and “our”). These Terms of Use apply to: (i) your access to and use of all website that are owned or operated by YMCA of Pierce and Kitsap Counties, including all mobile versions, associated applications, and all social networking service pages and applications (collectively, the “Site”); and (ii) your access to, use of, or purchase of the products and services available on the Site (the “Services”). “You” or “your” refers to you, a user of the Site, or the parent or legal guardian if such user is a minor in their jurisdiction of residence. Your access to and use of the Site is subject to the following Terms of Use, which for the avoidance of doubt shall incorporate all other separate terms and conditions referenced herein (e.g., the Terms of Purchase, Privacy Policy, etc.), and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Use (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to your use of the Site after such changes have been posted.

MOBILE TEXT MESSAGES

By providing your mobile number and opting into text notifications, you agree to receive automated mobile text messages from YMCA of Pierce and Kitsap Counties (including our affiliates, “YMCA”) about our products and services (including exclusive offers and promotions), at the mobile phone number you provided when you subscribed. The messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring, but will not exceed 6 text messages per month. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, UNSUBSCRIBE, CANCEL or QUIT to opt-out, and HELP for customer support. You will receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out. YMCA of Pierce and Kitsap Counties is committed to protecting your privacy; you can access our Privacy Policy.

LINKS

The Site contains links to other websites that may not be owned or operated by YMCA of Pierce and Kitsap Counties. The fact that YMCA of Pierce and Kitsap Counties may link to those websites do not indicate any approval or endorsement of those websites. YMCA of Pierce and Kitsap Counties has no control over those websites, and therefore YMCA of Pierce and Kitsap Counties is not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other Sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

REGISTRATION/USER ACCOUNT

You need to be at least 18 years old and a resident of the United States to post User Content on any of our Site. You will have to create an account with us which includes a unique username and a password to access the Site and to receive messages from us. You are solely responsible for your account, keeping your username and password safe, and the activity that occurs while signed in to or while using your account. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.

USE RESTRICTIONS

You agree that you will not under any circumstances:

Access the Site for any reason other than your personal, non-commercial use
post any User Content that infringes an intellectual property, privacy, or other rights of a third party
Collect or harvest any personal information of any user of the Site
Use the Site for the solicitation of any business or in connection with a commercial enterprise, including promoting any business you own
Distribute/share any part of the Site without our prior written permission
Use the Site for any unlawful purpose or for the promotion of illegal activities
Attempt to, or harass, abuse, defame or harm another person or group
Use another user’s account without permission
Intentionally allow another user to access your account
Provide false or inaccurate information when registering an account
Interfere or attempt to interfere with the proper functioning of the Site
Make any automated use of the Site or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
Bypass any robot exclusion headers or other measures we take to restrict access to the Site, or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data
Circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of User Content, or enforce limitations on use of the Site or the User Content accessible via the Site, and/or
Publish or link to malicious User Content of any sort, including anything intended to damage or disrupt another user’s browser or computer

We may suspend and/or terminate your account if you violate any of the rules above.

ELIGIBILITY

This Site is not for children under 13 (the “Minimum Age”). By accessing or using the Site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under the Minimum Age without your parent’s or legal guardian’s permission; and (d) your access or use of the Site does not violate any applicable law or regulation.

PROMOTIONS

In addition to these Terms of Use, any sweepstakes, contests, games, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth under these Terms of Use. YMCA of Pierce and Kitsap Counties urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion. We also urge you to review our Privacy Policy, which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.

PARENTAL CONSENT

We will NOT knowingly collect, use, or distribute personal information from children under the "Minimum Age" without prior verifiable consent from a parent or guardian. We cannot, however, prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov, and https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online. We do not endorse the products or services listed at this website.

NOTICE

YMCA of Pierce and Kitsap Counties may give notice to persons with User Accounts and to general users of the Site by means of a general notice on the Site, electronic mail to your e-mail address, or by written communication sent by first class mail to a user's address if on record in the User Account information. All notices from you to YMCA of Pierce and Kitsap Counties either must be sent by mail to ATTN: User Account Notice, YMCA of Pierce and Kitsap Counties, 4717 S 19th Street, Suite 201, Tacoma, WA 98405, USA, or by email to www.ymcapkc.org/association-office/contact, and such notices will be deemed received the next day if sent via email, overnight mail or courier, or three (3) days after deposited in the mail if sent by certified or registered mail.

PURCHASES

Event Purchases

Your purchases on the Site in connection with your registration for any type of YMCA of Pierce and Kitsap Counties operated event (including without limitation, Healthy Kids Day, giveaways, and any other event type offered by YMCA of Pierce and Kitsap Counties, collectively the “Events”) are subject to the Terms of Purchase.

Membership Fee and Payment

Paid membership user accounts, including ADULT (AGES 30+), YOUNG ADULT (AGES 18-29), ADULT (AGES 30+) AND 1 YOUTH, ADULT (AGES 30+) AND MULTIPLE YOUTH, YOUNG ADULT (AGES 18-29) AND 1 YOUTH, YOUNG ADULT (AGES 18-29) AND MULTIPLE YOUTH, YOUTH ONLY (0-17 YEARS), EACH ADULT (18+) ADDED TO THE MEMBERSHIP (collectively, “Membership”) that grants you access to world-class coaching, our best content, exclusive discounts, and digital events (“Membership Benefits”). A Membership is an automatically renewing paid membership requiring recurring monthly payments. The terms and conditions for the User Account under Section 2 shall also apply to the Membership. Returned debit/credit card charges will be assessed a $30 fee by the YMCA.

I understand changes to my membership account must be received by the 25th of the month in order to take effect the 1st of the following month. I also understand the amount charged may change (with a 30-day notification) as a result of dues increase or membership type change. I am responsible for notifying the YMCA if my address changes.

Additional Information. For detailed information about what is included in the Membership Benefits, please click here.

Third-Party Payment Processors

You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.

PRIVACY POLICY

By using the Services, you agree to be bound by these Terms of Use and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated in these Terms of Use by reference.

DATA COLLECTION

We do not collect personally identifiable information from you unless you provide it to us voluntarily and knowingly. If you make a donation, enroll to be a member, register for an event, sign up for a class, or register for our newsletter, for example, we may collect your name, mailing address, telephone number, email address, and credit card information.

If you provide personal information, we may enter that information into our constituent database and contact you in order to:

Complete voluntary surveys seeking feedback for quality and service improvement purposes
Supply you with information, including YMCA of Pierce and Kitsap Counties news, events, and services
Request voluntary time or monetary contributions to YMCA of Pierce and Kitsap Counties

We use high-grade encryption and security protocols (Secure Socket Layer-SSL) when processing financial transactions. This method is the industry standard security protocol, which makes it difficult for anyone to intercept the information you send us. Inside the YMCA of Pierce and Kitsap Counties, data is stored on password-protected servers. Our staff is educated about the importance of safeguarding your information. Additionally, our third-party service providers use industry standard security measures to protect the security of your information. However, such precautions do not guarantee that our web site is invulnerable to all security breaks. YMCA of Pierce and Kitsap Counties makes no warranty, guarantee, or representation that the use of our web site is protected from viruses, security threats, or other vulnerabilities and that your information will always be secure.

We use a technology called a "cookie" to recognize you when you return to the Site. Cookies are small bits of electronic information that a web Site can transfer to a user’s hard drive to help tailor the user experience to the users’ preferences. The use of cookies is standard on the Internet and many web Site use them. If you wish, you may direct your browser to reject cookies. However, please be aware that if you block cookies, some Site functionality may be lost.

STANDARD WEB SERVER TRAFFIC PATTERN INFORMATION

General traffic, site usage, and length of stay information is collected. This type of information is used to help YMCA of Pierce and Kitsap Counties improve the functionality of our web site and such information is not link to individual visitors.

EXTERNAL LINKS

Our Privacy Statement applies only to your use of the YMCA of Pierce and Kitsap Counties web site. This site contains links to other Site. We are not responsible for the privacy practices of these Site. Links to other Site do not imply an endorsement of the material or policies of those web Site. You should read the privacy policies of each site you visit to determine what information they may be collecting from you.

CODE OF CONDUCT

By using the Services, you agree to comply with the YMCA of Pierce and Kitsap Counties Code of Conduct.

GOVERNING LAW

These Terms of Use, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the State of Washington (regardless of the laws that might otherwise govern under applicable Washington principles of conflicts of law).

USER GENERATED CONTENT

Welcome to our website, forum pages, and mobile apps (“Site”) where you can post your reviews of products/services, comments, recipes, feedback, pictures, images, videos and/or any other content (“User Content”). These User Generated Content Terms (the "UGC Terms") apply to all User Content posted to any of our Site. Please read these UGC Terms carefully. By posting User Content to our Site, you acknowledge that you have read, understand, and agree to these UGC Terms. If you do not agree to these UGC Terms, please do not use the Site to post any User Content.

POSTING AND CONDUCT TERMS AND RESTRICTIONS

In addition to your use of our Site, you will follow the rules below when posting any User Content:

If you are posting User Content on behalf of someone else, you represent and warrant that you are authorized to accept these UGC Terms on behalf of such person or entity
You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Site
You agree that we are only acting as a passive conduit for your online distribution and publication of User Content.
You will not post any User Content that is malicious, libelous, false, misleading, or inaccurate
You will not post any User Content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive
You will not impersonate anybody
You retain all ownership rights in your User Content but you are required to grant certain rights to us as set out more fully under the “License Grant” section below
You will not submit any User Content that is copyrighted by or subject to third party intellectual property or proprietary rights, including privacy, publicity, trade secret, or other rights, unless you are the owner of such rights or have the appropriate permission from their rightful owner to post such User Content
You will disclose any paid endorsements or anything of value for which you received from a brand or from us and/or any relationship or affiliation with a brand or with us

You understand and agree that any liability, loss or damage that occurs as a result of the User Content that you access or post is solely your responsibility. We are not responsible for any public display or misuse of the User Content. As we may use User Content you submit for our advertising purposes including reposting to any of the Site, we suggest you refrain from sharing any personal information or anything you would not want others to know. Please note that we do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor, and/or record your interactions with the Site or with other users of the Site. You hereby agree that we have the right to determine, at our sole discretion, whether the User Content you submit are appropriate and comply with these UGC Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice

ORGANIZATION DISCLAIMER

Opinions, advice, statements, feedback, comments or other information or content made available as part of the User Content posted on any of the Site are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such User Content.

We do not guarantee the accuracy, completeness, timeliness, and/or usefulness of any information included in the User Content posted on the Site nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, statement, feedback, or comment made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Site. Under no circumstances will Organization be responsible or liable for any loss or damage resulting from anyone’s reliance on information included in any User Content or other components of the User Content posted on the Site, or transmitted to users.

Though we strive to enforce these UGC Terms, you may be exposed to User Content that is inaccurate, misleading, or objectionable when you use or access the Site. We have no obligation to, monitor any User Content posted on the Site and/or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these UGC Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. However, Organization shall have the right to remove any User Content that in its sole opinion violates, or is alleged to violate, the law or these UGC Terms or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the applicable federal, state, and local law. If you become aware of a misuse of our Site or violation of these UGC Terms, please contact our Customer Service Center at 877 505 4040.

LINKS TO OTHER SITE AND/OR MATERIALS

As part of the Site, we may provide you with convenient links to third party website(s) (“Third Party Site”) as well as content or items belonging to or originating from third parties (the “Third Party Content”). These links are provided as a courtesy to those who post User Content on our Site. We have no control over Third Party Site or Third Party Content, or the promotions, materials, information, goods or services available on these Third Party Site or Third Party Content. Such Third Party Site and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, timeliness, or completeness, and we are not responsible for any Third Party Site accessed through any of our Site or any Third Party Content posted on, available through or installed from the Site. While we may include, link to or permit the use or installation of any Third Party Site or any Third Party Content, this does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Site or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies, including these UGC Terms, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

TERMINATION OF ACCOUNTS FOR REPEATED OFFENDERS, COPYRIGHT COMPLAINTS, COPYRIGHT AGENT, COUNTER NOTICES

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users of the Site do the same. We may terminate the accounts of users of the Site who repeatedly provide or post User Content that include protected third party copyrighted content, images, photos, music and/or materials without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending an email to membership@ymcapkc.org, including the following:

Your name, physical address, telephone number, and email address;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the applicable Site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
A statement that you have 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;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that any User Content created on another website, mobile app and/or social media platform but featured on our Site will be governed by our DMCA takedown process described above, but to remove such User Content in its entirety, you will need to contact the operator of such other website, mobile app, or platform.

(c) Counter-Notices. If you believe that the User Content you posted on one of our Site that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the applicable law, to post and use such copyrighted work in the User Content, you may send a counter-notice containing the following information to our Copyright Agent using the contact information set forth above:

Your name, physical address, telephone number, and email address;
A description of the third party copyrighted work that has been removed from the User Content and the location at which such User Content appeared before it was removed;
A statement that you have a good faith belief that the User Content was removed as a result of mistake or a mis-identification;
A statement that you consent to the jurisdiction of the federal court in the state of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
Your physical or electronic signature.

If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed User Content. Unless the copyright owner files an action seeking a court order against the provider of such User Content, the removed User Content may (in our sole discretion) be reinstated on the Site in thirty (30) to sixty (60) business days or more after receipt of the counter-notice.

TRADEMARK INFRINGEMENT COMPLAINT

If you believe that someone is infringing on your trademark, first consider reaching out to the alleged infringer to resolve the issue. If that fails, then you may submit a complaint to Organization sending an email to Membership@ymcapkc.org, including the following:

Your name, physical address, telephone number, and email address;
The full name of the trademark owner and your relationship to the owner (e.g., attorney, agent, employee);
A description of your trademark (if a logo, an image of the logo), the country in which the trademark is registered, registration number, and a description of the goods/services relating to the trademark;
The URL of the infringing User Content;
A brief description of why you believe that the usage constitutes infringement of your trademark;
A statement that you have a good faith belief that the usage is likely to cause confusion, is not authorized by the trademark owner or its attorney/agent, and is not otherwise permitted under the applicable law;
A statement under penalty of perjury that the information you provide is accurate and that you are the trademark owner or are authorized to act on behalf of the trademark owner; and
Your electronic signature.

We may terminate access for participants or users who repeatedly provide or post User Content that includes trademarks owned by others and used without necessary rights and permissions.

LICENSE GRANT

By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to Organization a royalty-free, sublicensable, transferable, assignable, unlimited, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, copy, modify, publish, adopt, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name (including your account name), voice, likeness and any other personal information as contained in such User Content, and list information regarding such User Content if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and/or for any purpose as deemed necessary by the Organization. The rights granted hereunder include without limitation, the right to incorporate any and all components of your User Content (e.g., video, images, etc.) posted on our Site into the content and/or materials created by us or by others on our behalf, for our internal business or external commercial use purposes.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights. Other product and Organization names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these UGC Terms.

FEEDBACK

Subject to our Privacy Policy, any comments or materials that you submit to us, including, without limitation, any questions, comments, suggestions, and/or other feedback about us, our products and services, or any of the information on the Site ("Feedback") will be considered to be non-confidential and non-proprietary. We are free to use and disclose, with no compensation to you, any ideas, concepts, know-how, techniques, methods or methodologies contained in any such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such Feedback.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE TO ORGANIZATION

Except for notices required under “Trademark Infringement Complaint” provision above, communications made by you through our email and messaging system will not constitute legal notice to the Site, the Organization, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

YOUR CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For transactional or informational purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that these UGC Terms and any other agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site and/or Organization. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message or mail to the following postal address:

YMCA of Pierce and Kitsap Counties

4717 S 19th St #201

Tacoma, WA 98405

WARRANTY DISCLAIMER

THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR POSTING OF FILES, INFORMATION, USER CONTENT AND/OR OTHER MATERIALS ON TO THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITIES

EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE ORGANIZATION, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, AND/OR YOUR INABILITY TO POST ANY USER CONTENT ON THE SITE, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF THE USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH US OR WITH ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF UGC TERMS

We can amend these UGC Terms at any time and will update these UGC Terms in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in these UGC Terms. Your continued use of the Site or posting User Content on the Site signifies your agreement to revised UGC Terms. For this additional reason, you should keep your contact and profile information current. Any changes to these UGC Terms (other than as set forth in this provision) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our authorized representatives. No purported modification of these UGC Terms by you via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of these UGC Terms is held or found to be invalid or unenforceable, the remaining portions of these UGC Terms will remain in full force and effect. Any failure on our part to enforce any provision of these UGC Terms will not be considered a waiver of our right to enforce such provision.

You agree that any cause of action related to or arising out of your relationship with the Organization must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.

These UGC Terms, your use of the Site and your posting User Content on the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

We may assign or delegate these UGC Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these UGC Terms or Privacy Policy without our prior written consent, and any such purported unauthorized assignment or delegation by you is void.

CONTACT US

For general inquiries, you may contact us at www.ymcapkc.org/association-office/contact.