Volusia Flagler Family YMCA: Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OF THE WEBSITE OR APPLICATION. BY USING OR ATTEMPTING TO USE THE WEBSITE OR APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND CERTIFY THAT (i) YOU ARE A RESIDENT OF THE UNITED STATES AND ARE AT LEAST 13 YEARS OF AGE, OR, IF UNDER THE AGE OF 13, YOUR PARENT HAS EXPRESSLY CONSENTED TO YOUR USE OF THE SITE VIA OUR CONSENT MECHANISM AS PROVIDED TO YOUR PARENT, OR (ii) YOU ARE NOT A RESIDENT OF THE UNITED STATES AND ARE AT LEAST 18 YEARS OF AGE, OR, IF UNDER THE AGE OF 18, YOU HAVE THE EXPRESS CONSENT OF YOUR PARENT OR GUARDIAN (OVER THE AGE OF 18) TO USE THE SITE. YOU ALSO CERTIFY THAT YOU ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. IF YOU DO NOT MEET THESE REQUIREMENTS, OR, IF FOR ANY REASON, YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE OR APPLICATION.
These Terms govern (i) your use of the Website and Application, (ii) your receipt of and participation in the Volusia Flagler Family YMCA’s services offered through the Website or Application (“Services”), (iii) your provision of information in connection with using the Website or Application (“User Content”); and (iv) your use of information obtained through the Website and Application, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by the Volusia Flagler Family YMCA or its licensors and made available to you through the Application or Website (“Volusia Flagler Family YMCA Content”). Please read these Terms carefully as they impose legal obligations on you and us. By using this Website or Application, you are acknowledging that you have read and understood these Terms, and any other policies, rules or guidelines that may be applicable to Services on the Site or Application (“Additional Terms”), and agree to be legally bound by them. We reserve the right to modify the Terms at any time. You should check these terms and conditions periodically for changes. We will not “retroactively” change these Terms unless required by law, and any modifications we make shall take effect proactively, once you next access the Website or Application. By using the Website or Application 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 the Website or Application.
To the extent that there is a conflict between these Terms and the Additional Terms for an event, camp, license, class, ticket, contest, permit, facility/equipment reservation, transaction, sale, membership, reservation, donation, and/or activity for which you are using the Site or Application to register or purchase (each, an “Event”), the Additional Terms shall govern. These Terms will remain in full force and effect as long as you are a user of the Site or Application and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including, but not limited to, any indemnification obligations, warranties, and limitations of liability.
Scope of Terms and Conditions
These terms and conditions apply to your use of the Website and Application. These terms and conditions do not apply to your use of unaffiliated websites to which the Website or Application links.
Obtaining and Using a Password
If you register to use the Website or Application and have a valid password, you will be authorized to access the password-protected areas of the Website and Application. You must keep in mind that we will treat anyone who uses your username and password as you. We will provide this individual with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your username and password. We therefore recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website. We also ask that you notify us immediately if you suspect that someone is using your username and/or password in this or any other inappropriate manner.
Code of Conduct
As a condition to your use of the Website and Application, you agree to follow our Code of Conduct, set forth below. Under this Code, you agree that you will not, nor permit anyone else to, indirectly or directly:
- upload, post, email, transmit or otherwise make available images or other User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable;
- submit information that includes non-public personal or identifying information about another person, or otherwise disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s explicit consent;
- upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- restrict or inhibit any other visitor or member from using the Site or Application, including, without limitation, by means of “hacking” or defacing any portion of the Site or Application;
- access or attempt to access parts of the Site for which you are not authorized by the Volusia Flagler Family YMCA circumvent or attempt to circumvent any security or password protection on the Site or Application, access the Site or Application by any means other than through the interface that is provided and authorized by the Volusia Flagler Family YMCA;
- modify any software for the Site or Application in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Application;
- use the Site or Application or materials for any unlawful purpose;
- express or imply that any statements you make are endorsed by us, without our prior written consent;
- impersonate any person or entity, whether actual or fictitious, including any employee or representative of YMCA;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site or Application
- transmit or submit (a) any content or information that is intentionally false, unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar, unlawfully threatening or unlawfully harassing, or otherwise objectionable; or (b) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Site or Application without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal;
- use the Site or Application to harm any persons or entities in any way;
- use the Site or Application in a manner that could disable, overburden or impair the Site, Application, or Services or interfere with any other party’s use and enjoyment of the Site, Application, and Services, such as by engaging in “spamming” or “flooding”;
- transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, cancelbots, or other items of a destructive nature or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- modify, adapt, sublicense, translate, sell, test, reverse engineer, decompile or disassemble any portion of the Site or Application or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Application or otherwise take actions to find limitations, vulnerabilities or to evade filtering capabilities;
- remove any copyright, trademark or other proprietary rights notices contained on the Site or Application;
- “frame” or “mirror” any part of the Site or Application;
- “stalk” or otherwise harass another;
- use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or Application or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site or Application. Notwithstanding the foregoing, the Volusia Flagler Family YMCA grants the operators of public search engines permission to use spiders to copy materials from the Site and Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Volusia Flagler Family YMCA reserves the right to revoke these exceptions either generally or in specific cases;
- harvest or collect information about Site or Application visitors or members without their express consent;
- take any action that imposes or may impose (in the Volusia Flagler Family YMCA’s sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third-party providers’) infrastructure;
- share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site or Application if you are not the original recipient of such passcode or password;
- seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Site or Application;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or
- use the Site or Application for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Site or Application to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Additional guidelines for participants in our social media, blogs and forums are available here.
The foregoing actions shall constitute a material breach of these Terms.
Monitoring; Revocation or Suspension of Use Privileges
Ownership and Restrictions on Use
The materials and contents of the Site and Application are protected by copyright and trademark laws, and are the proprietary property of the Volusia Flagler 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. The Volusia Flagler Family YMCA and our licensors retain all rights with respect to the Website and Application and Volusia Flagler Family YMCA Content except those expressly granted to you in these Terms.
You may not (i) access, view, modify or otherwise use any portion of our Website or Application not made expressly accessible to you, or (ii) modify, copy, publish, display, transmit, distribute, adapt, use or in any way exploit the Website, Application, or Volusia Flagler Family YMCA Content without our prior express written consent. Requests for authorization to use the materials contained on this website for any other purpose should be directed in writing to [Volusia Flagler Family YMCA, Association Office 761 E. International Speedway Blvd, DeLand FL 32724].
No copyright is claimed on materials, formats or styles, which originated from outside sources when it can be conclusively demonstrated or apparent that the copyright was originated by some other person, corporation or entity. The Volusia Flagler Family YMCA name, logo and associated design, and those of any affiliated company, are registered trademarks owned by Volusia Flagler Family YMCA. These names, logos, and designs may not be used in any manner inconsistent with Volusia Flagler Family YMCA’s ownership rights thereto. Third-party trademarks found on our websites are the property of their respective owners. Any other techniques, business information, technical information, specifications, and other such “intellectual property” that may be found on or disclosed within our websites is for informational purposes only and may not be sold or distributed for commercial gain.
For the convenience of our vendors, we may display catalogs of stock images, descriptions and product specifications. While we make commercially reasonable efforts to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. You agree that you will not hold our vendors responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes. You may not use catalog content in a way that infringes or violates the proprietary rights of another.
These Terms apply only to the Website and Application, and not to the websites of any other companies or organizations, including those to which the Website or Application may link (“Linked Sites”). Although we may provide Linked Sites as a matter of convenience for our users, Volusia Flagler Family YMCA has no control over these Linked Sites, and we do not necessarily share their viewpoints and cannot guarantee the accuracy or authenticity of the information within those websites. We are not responsible for the availability of these Linked Sites. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any Linked Sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any privacy, intellectual property, or other policy of a Linked Site, or 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 Linked Site. 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 Volusia Flagler Family YMCA CONTENT, THE SERVICES, MATERIALS AND INFORMATION CONTAINED ON, OR OBTAINED FROM, THE WEBSITE OR APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR APPLICATION OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR APPLICATION OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. WHEN YOU ACCESS THE WEBSITE OR APPLICATION, YOU DO SO AT YOUR OWN RISK.
WE DISCLAIM (I) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATION; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE OR APPLICATION, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, APPLICATION AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
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. The Volusia Flagler Family YMCA shall not be liable for any damages or injury resulting from users’ access to or inability to access this Website or Application or from reliance on any information at this Website or Application. In addition we reserve the right to interrupt, discontinue, or disable access to any or all of the functionality of this Website or Application or to change its content at any time without prior notice, but we do not assume any responsibility to update it. We assume no liability regarding the use of the Website, Application, Volusia Flagler Family YMCA Content, or any information contained therein. You agree that we shall not be liable for any modification, suspension, interruption or discontinuance of access to the Website or Application, or for cancellation of your account registration.
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 or Application. 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 BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT RESLUT FROM, ARISE OUT OF, OR RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE OR APPLICATION, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE WEBSITE OR APPLICATION, EVEN IF ADVISED O FTHE 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 OR APPLICATION.
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 or professional technical advice. Any information posted on the Website or Application should be considered as general information only 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.
Making Purchases and Donations
Descriptions or images of, or references to, third-party products, services, or events on the Site or Application do not imply Volusia Flagler Family YMCA’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to Volusia Flagler Family YMCA’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Event registration may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site or Application.
- Charges and Billing The Site or Application may require payment of access fees. By registering for the Site or Application, you hereby authorize Volusia Flagler Family YMCA to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service, purchase or registration for your account. You hereby understand and agree that in most cases, Volusia Flagler Family YMCA will be charging your designated credit card in accordance with the payment schedule of the Transaction, Service or Event for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify Volusia Flagler Family YMCA of any changes to your credit card or if your credit card has expired; otherwise, your access to the Service may be disconnected or interrupted. You shall additionally be responsible for and shall immediately pay Volusia Flagler Family YMCA, on demand, any payments that are made to us that are subject to an unjustified, subsequent reversal. All fees shall be paid in U.S. dollars. The Volusia Flagler Family YMCA reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Volusia Flagler Family YMCA does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Volusia Flagler Family YMCA posts such modification on the Site or Application. YMCA also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service, and these surcharges may apply immediately after you register for the associated service. You may cancel your account or any associated optional or upgraded services therefore at any time, but Volusia Flagler Family YMCA will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
You agree to pay your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your Transaction or use of the Service. Amounts not paid by you to Volusia Flagler Family YMCA when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that Volusia Flagler Family YMCA may incur in its efforts to collect any remaining balances due from you. These Terms shall in no way limit any other remedies available to Volusia Flagler Family YMCA. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify Volusia Flagler Family YMCA of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Volusia Flagler Family YMCA within sixty (60) days, you waive any right to dispute such problems or discrepancies.
- Third-Party SellersParties other than Volusia Flagler Family YMCA provide services, or sell products or access to their Events on the Site or Application. You may order services or merchandise through the Site or Application from other persons not affiliated with Volusia Flagler Family YMCA (“Seller”). All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Volusia Flagler Family YMCA makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Volusia Flagler Family YMCA, nor will Volusia Flagler Family YMCA be construed as, a party to such transactions, whether or not Volusia Flagler Family YMCA may have received some form of revenue or other remuneration in connection with the transaction. You agree that Volusia Flagler Family YMCA will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. Volusia Flagler Family YMCA does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. It is the responsibility of the Event organizer to communicate its refund policy to you and to issue refunds to you via the Site or Application or otherwise. You understand and agree that Event organizers reserve the right to cancel Events for various reasons, including, without limitation, in the event of weather events (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of your payment unless authorized by the Event organizer. If you want to request a refund, you must request the refund directly from the Event organizer. To the extent that an Event is cancelled or does not meet your expectations for any reason, you must contact the Event organizer and your sole and exclusive remedy with respect to the Event is with the Event organizer and not with YMCA. All communications or disputes regarding refunds are between the Event organizer and you. Volusia Flagler Family YMCA will not be responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with an Event. In addition, Volusia Flagler Family YMCA is not responsible for the truth or accuracy of any listings by Event organizers or the ability of any Event organizer to perform, hold an Event, or complete a transaction. Notwithstanding the foregoing, you may report the misconduct of Event organizers and/or third parties in connection with the Site or Application or any Services to us, and we, in our sole discretion, may investigate the claim and take action.
- DonationsWhen you make a donation, Volusia Flagler Family YMCA receives a fee for the use of our technology without any additional charge to you. Donations collected by Volusia Flagler Family YMCA will be sent in regular intervals to the designated charitable organization in accordance with contract and applicable law, less Volusia Flagler Family YMCA’s fee. Any refunds shall be exclusively and directly handled by the designated charitable organization. Volusia Flagler Family YMCA shall not be responsible for processing or making any refunds.
Rules for Sweepstakes, Contests and Games
You agree to defend, indemnify and hold Volusia Flagler Family YMCA harmless, and our subsidiaries, affiliates, 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, (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 the Website and Application from our offices in the United States of America. We do not represent that materials on the Website and Application are appropriate or available for use in other locations. Persons who choose to access the Website and Application 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.
These terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to any principles of conflicts of law.
Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the state of Florida, in the judicial district that includes Volusia County, Florida. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts.
If any provision of these Terms is found unlawful, void, or for any reason unenforceable, then that provision shall be struck and the remaining provisions shall be enforced. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Website or Application by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Website or Application 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 or Application.
If you believe any materials on the Website or Application infringe upon a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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
- 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.
All DMCA notices should be sent to our designated agent as follows:
Volusia Flagler Family YMCA
761 E. International Speedway Blvd.
DeLand, FL 32724
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
The Volusia Flagler Family YMCA may provide you with notices, including those regarding breaches of security, by email, regular mail or postings on the Site or Application. All notices from you to the Volusia Flagler Family YMCA must be sent to the Volusia Flagler Family YMCA, Association Office, 761 E. International Speedway, DeLand, FL 32724, or firstname.lastname@example.org, 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 sent certified or registered.
These Terms shall not be assignable by you, either in whole or in part. The Volusia Flagler Family YMCA reserves the right to assign its rights and obligations under these Terms.
The following provisions shall survive the termination of these Terms and shall apply indefinitely: Ownership and Restrictions on Use; Content; Disclaimers; Limitation of Liability; Indemnity; Assignment; Miscellaneous; Survival; and any other rights and obligations under these Terms, which, by their nature, should survive after termination or expiration.
If you have any questions or complaints about these Terms, the practices of the Website or Application, or your dealings with The Volusia Flagler Family YMCA, please contact us at:
Volusia Flagler Family YMCA
761 E. International Speedway
DeLand, FL 32724
The effective date of these Terms is 11/30/2017