The entire contents of the YMCA of Greater Montgomery website (the “Content”) is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions, and other copyright laws. The Content is for your personal, non-commercial use. All materials contained on the YMCA of Greater Montgomery website are protected by copyright, and are owned or controlled by the YMCA of Greater Montgomery website or the party credited as the provider of the Content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any Content on the YMCA of Greater Montgomery website. You may download and make copies of the Content and other downloadable items displayed on the YMCA of Greater Montgomery website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the YMCA of Greater Montgomery or the copyright holder identified in the individual Content’s copyright notice.
Any trademarks, logos and/or service marks displayed on the YMCA of Greater Montgomery website are owned or licensed to the YMCA of Greater Montgomery and are for your use only in connection with using the YMCA of Greater Montgomery website. No license or right to use any of the trademarks, logos and/or service marks are granted to you other than to download the trademarks, logos and/or service marks for personal, noncommercial use while visiting the YMCA of Greater Montgomery website.
The YMCA of Greater Montgomery may change, suspend or discontinue any aspect of the YMCA of Greater Montgomery website at any time, including the availability of any YMCA of Greater Montgomery website feature, database or Content. The YMCA of Greater Montgomery website may also impose limits on certain features and services or restrict your access to parts or all of the YMCA of Greater Montgomery website without notice or liability.
USER CONDUCT
You agree that you: (a) will not upload, post or transmit to or distribute or otherwise publish through the YMCA of Greater Montgomery website any materials which (i) restrict or inhibit any other user from using and enjoying the YMCA of Greater Montgomery website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you understand and agree to the policies set forth in the Y’s Website Privacy Policy.
INDEMNITY
You agree to indemnify, defend and hold the YMCA of Greater Montgomery, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use, including without limitation, attorneys fees and costs. You agree to cooperate as fully as reasonably required in the defense of any claim. The YMCA of Greater Montgomery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of the YMCA of Greater Montgomery.
LINKS
The YMCA of Greater Montgomery website contains links and pointers to other related World Wide Web Internet sites, resources, and sponsors of the YMCA of Greater Montgomery website. Links to and from the YMCA of Greater Montgomery website to other third parties, maintained by third parties, do not constitute an endorsement by the YMCA of Greater Montgomery or any of its subsidiaries or affiliates of any third party resources, or their contents.
DISCLAIMERS
The YMCA of Greater Montgomery does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the YMCA of Greater Montgomery website. Any reliance upon any such information is at your sole risk. The YMCA of Greater Montgomery reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the YMCA of Greater Montgomery website.
The YMCA of Greater Montgomery does not and cannot review all materials posted to the YMCA of Greater Montgomery website by users, and the YMCA of Greater Montgomery is not responsible for any such materials posted by users. However, the YMCA of Greater Montgomery reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the YMCA of Greater Montgomery’s sole discretion are objectionable or in violation of this Agreement.
NO WARRANTIES
THE YMCA OF GREATER MONTGOMERY WEBSITE IS PROVIDED “AS IS,” AND THE YMCA OF GREATER MONTGOMERY AND ITS AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR THE USE OF THE YMCA OF GREATER MONTGOMERY WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS IN THE SITE. THE YMCA OF GREATER MONTGOMERY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF OR INFORMATION IN OR ACCESSED THROUGH THE YMCA OF GREATER MONTGOMERY WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE YMCA OF GREATER MONTGOMERY WEBSITE OR ANY LINKED SITE. THE YMCA OF GREATER MONTGOMERY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE YMCA OF GREATER MONTGOMERY DOES NOT WARRANT THAT THE FUNCTIONS, MATERIALS, OR CONTENT IN THE YMCA OF GREATER MONTGOMERY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE YMCA OF GREATER MONTGOMERY WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USER COMMUNICATIONS
By posting messages, uploading files, inputting data or engaging in any other form of communication (the “Communications”) to the YMCA of Greater Montgomery website, you hereby grant to the YMCA of Greater Montgomery a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the YMCA of Greater Montgomery for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
ACKNOWLEDGEMENT
You acknowledge that transmissions to and from the YMCA of Greater Montgomery website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the YMCA of Greater Montgomery website, no confidential, fiduciary, contractually implied or other relationship is created between you and the YMCA of Greater Montgomery other than pursuant to these Terms and Conditions of Use.
JURISDICTIONAL ISSUES
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the state of Alabama, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Alabama.
PRIVACY
The YMCA of Greater Montgomery is committed to protecting your privacy and security. You are urged to read the YMCA of Greater Montgomery Website Privacy Policy.
