YMCA OF SILICON VALLEY  - WEBSITE TERMS OF USE


Acceptance of Terms of Use

BY USING THIS WEBSITE, YOU: ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE AND ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS OR IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

These terms of use are entered into by and between You and the YMCA of Silicon Valley, an independent member association of the National Council of Young Men’s Christian Associations of the United States of America (the “Y,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of www.ymcasv.org, including any content, functionality, and services offered on or through www.ymcasv.org (the “Website”) for which another agreement does not control, whether as a guest or a registered user. 

Please read the Terms carefully before you start to use the Website. The Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using the website, you acknowledge that you have read and understand the terms, and accept and agree to be bound and abide by these terms and our Privacy Policy incorporated herein by reference: If you do not meet all of the foregoing eligibility requirements, or you do not agree to these terms or the Privacy Policy, you must not access or use the website.


Changes to the Terms

The Y may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.


Accessing the Website and Account Security

The Y reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in its sole discretion without notice. The Y will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Y may restrict access to some parts of the Website, or the entire Website, to users, including registered users. 

You are responsible for: 

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of the Y’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify the Y immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

The Y has the right to disable any user name, password, or other identifier, whether chosen by you or provided by the Y, at any time in its sole discretion for any or no reason, including if, in its opinion, you have violated any provision of these Terms.


Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the Y, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content or links to social media pages, you may take such actions as are enabled by such features subject to any additional terms and conditions through such social media usage. 


You must not: 

  • Modify copies of any materials from the Website. 
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.


If you wish to make any use of material on the Website other than that set out in this section, please address your request to [email protected].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Y. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.


Trademarks

YMCA of Silicon Valley, the terms YMCA, the Y, YMap, the YMCA logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Y, the National Council of Young Men's Christian Associations of the United States of America, or its affiliates or licensors. You must not use such marks without the prior written permission of the Y. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.


Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation. 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To impersonate or attempt to impersonate the Y, a Y employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Y or users of the Website or expose them to liability.


Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.


Reliance on Information Posted

The information presented through the Website is made available solely for general information purposes. The Y does not warrant the accuracy, completeness, or usefulness of this information. The Y disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include links to content provided by third parties, including links to social media platforms where materials may be provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Y, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Y. The Y is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Linking to the Website and Social Media Features; Links from the Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage the reputation of the Y or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on part of the Y without its express written consent. 

Any social media links or features must only be used as they are provided by the Y and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions provided by the Y with respect to such features or as provided by any third-party for which the features or content are associated with. Subject to the foregoing, you must not: 

  • Establish a link from any website that is not owned by you or that you do not otherwise have a right to. 
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-link linking. 
  • Link to any part of the Website other than the homepage without the prior written consent of the Y. 
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms. 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with the Y in causing any unauthorized action above to immediately cease. The Y reserves the right to withdraw linking permission without notice. The Y may disable all or any social media features and any links at any time without notice in its sole discretion. 

If the Website contains links to other sites and resources provided by third parties, these links are provided for convenience only. The Y has no control over the content of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Such third party content or websites may be incorporated into links accessible through the Website, and you are responsible for reviewing and understanding the specific terms that apply to any such third-party content or websites.  


Changes to the Website

The content on the Website may be updated from time to time, but it may not necessarily be complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Y is under no obligation to update such material.


Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


Online Program Registration and Other Terms and Conditions

All registration for programs or other transactions involving the Y’s programs or services are governed by our Terms and Conditions for Membership, which are hereby incorporated into these Terms. 

Additional terms and conditions may also apply to specific portions, services, programs or features offered by the Y or made available through the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms. 


Disclaimer of Warranties

You understand that the Y cannot and does not guarantee or warrant that files or content available or downloaded from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE Y WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PROGRAMS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PROGRAMS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE Y NOR ANY PERSON ASSOCIATED WITH THE Y MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE Y NOR ANYONE ASSOCIATED WITH THE Y REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PROGRAMS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE Y HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE Y AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE Y FOR THE APPLICABLE PROGRAM OR SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You agree to defend, indemnify, and hold harmless the Y, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, or programs other than as expressly authorized in these Terms or your use of any information obtained from the Website.


Governing Law and Jurisdiction

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).


Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of San Jose and County of Santa Clara although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Arbitration

At the Y’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.


Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 


Waiver and Severability

No waiver by the Y of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Y to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.


Entire Agreement

The Terms, our Privacy Policy, the Terms and Conditions for Membership, and our CODE OF CONDUCT constitute the sole and entire agreement between you and YMCA of Silicon Valley regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 


This website is operated by:
YMCA of Silicon Valley - Association Office 
80 Saratoga Avenue 
Santa Clara, CA 95051 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].