Effective Date: October 2017
1. Acceptance of Agreement
By accessing the Site, viewing the information that is available (“Content”), using the products and services offered (“Services”) , or accepting the Terms electronically, you (“User”, “You”, “Your”) agree to be subject to and bound by these Terms, including as the may be amended from time to time. If you do not agree to these Terms, please do not use the Site or any of its Services.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration forms for the Site or its Services (such information being your “Client Data”) and (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Y has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Y has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) for any reason or no reason.
2. Description of Services
The Site provides users with information about the Services offered by The Y. The Site is operated by The Y, and may also include certain Services offered by an authorized third party from time to time.
3. Modifications to Services
The Y reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that The Y will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services at any time.
4. Services, Rates and Fees
The Y reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the Services descriptions, rates or fees without prior notice. The Y endeavors to provide Content on the Site that is current and accurate, however, errors and misprints may occur. The Y reserves the right to reject, correct, cancel or terminate any order for Services for which the price was incorrectly displayed or where The Y displayed erroneous or inaccurate information. The Y reserves this right at any stage of processing an order, including after an order has been submitted, to reject, correct, cancel or terminate an order. The Y is not obligated to sell Services based on errors or misprints on the Site.
6. Authorized use of Materials on Website
All information and material and content published or accessible through the Site is protected by copyright, trademark and other intellectual property and proprietary rights and laws. All such Content is under copyright of The Y, except where indicated otherwise. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trade-marks owned by The Y or third parties, and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from The Y, except as expressly stated above.
7. Posting Content
When interacting with The Y via this Internet Site, you agree to provide true and accurate information. Further, you understand that providing confidential information via email or public discussion boards on this, or any other Web site is an unsafe practice. You understand that you are solely responsible for the content you transmit over the internet using this Internet Site provided by The Y.
8. DMCA Copyright Policy
The Y has adopted the following policy towards copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (“DMCA”). The address of The Y’s designated agent for copyright takedown notices (“Designated Agent”) is listed below.
Reporting Instances of Copyright Infringement:
If you believe that certain content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
- Identification of the work and material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that The Y is capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the person who submitted the allegedly infringing content (“Contributor”). After removing material pursuant to a valid DMCA notice, The Y will immediately notify the Contributor responsible for the allegedly infringing material that it has removed or disabled access to the material. The Y will terminate, under appropriate circumstances, the account of a Contributor who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Contributor for actual or apparent copyright infringement,
Please send any notice of copyright infringement to firstname.lastname@example.org.
The Y and its employees, agents, affiliates, partners and suppliers provide all Content and Services available through the Site “AS IS”, without warranties, representations and conditions of any kind, whether express or implied. The Y makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Site, the Services, or of any Content. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES REGARDING THE SITE, THE CONTENT, AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE Y.
10. Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall The Y, nor any of its directors, officers, partners, associates, employees, agents, successors, assigns, affiliates, or service providers will be liable to you or any other Site user or any third party for any damages of any kind, including without limitation, loss of profits or other economic loss, or for any direct, indirect, exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the Site, the reliance on any statement or advice from any other user of the Site, or inability to gain access to or use the Site or any part thereof or to any documents and information, or out of any breach of any warranty, express or implied.
You agree to indemnify and hold The Y, its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable attorneys’ fees and expenses, arising from a claim or demand pertaining to your use of the Content or Services, breach of these Terms, or your violation of any rights of another.
12. Severability of Clauses
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Subheadings used in the Terms are not to be used to construe or interpret the Terms.
13. Entire Agreement
The Terms, and any application Additional Terms or other terms herein incorporated by reference, constitute the entire agreement between you and The Y, and govern your use of the Site, its Content and Services, superseding any prior agreement, whether oral or written. You may be subject to additional and/or different terms and conditions that will apply when you use or purchase certain Services through the Site.
The failure of The Y to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
These Terms are not transferable by you in any way and may not be assigned to any third party without our written consent. The Y may transfer its rights under these Terms to a third party without notice to you.
16. No Third Party Rights
No provision of these Terms provides any person or entity not a party hereto with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
17. Governing Law
This Agreement shall be interpreted and enforced in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof.
We keep your private information private by
- Not selling your information. You have entrusted The Y with your personal information, and we’re committed to using it wisely. The Y will not sell your personal information to anyone without your consent.
- Firewalls and Encryption. We use firewalls and encryption technology to protect personal information on our computer systems.
Collection of Personally Identifiable Information
The Y collects personally identifiable information (“PII”) from you when you voluntarily submit such information to us. The collection of PII may occur in person, on the Site or through a mobile application operated, provided or otherwise controlled by The Y. This information may include your name, home address, email address, telephone number, date of birth, demographic information, sex-offender status, membership status, emergency contact information, and other information that we may need to collect in connection with certain events, including but not limited to:
- registration as a member of The Y;
- registration for, or participation in, events, classes, camps, and other activities or programs offered by The Y;
- participation in YMCA Nationwide Membership;
- registration for surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, or other services or activities offered on our website; and
- answering your inquiries about our websites, organization, membership, or other services or activities
Collection of Photographs
You agree that The Y may collect your likeness, by capturing your still photograph or filmed footage while present at a branch of the Y (or at an event at a different location that is sponsored by The Y) or scanning your personal identification card, for the purpose of identifying you as a member, volunteer or program participant. Your photograph may also be used for promotional purposes for programs and services offered by The Y. The Y may also share photo and footage containing the member’s likeness with funding partners (i.e., corporate partners, foundation partners, etc.) that help to support programs and services that The Y offers to its members.
Use and Disclosure of PII
If you provide us with PII, The Y may contact you based on the information you provide to communicate with you about activities that may be of interest to you and your family.
The Y will use its best efforts to never disclose any PII about you to any third-party for purposes unrelated to The Y without receiving your permission, except as provided for herein or otherwise as permitted or required under applicable law.
We do not rent or sell PII, including information provided about children, to third parties. The Y may share PII with trusted service providers, such as payment processors, technology partners or other providers that need access to your information to provide operational or other support services while you are a member or program participant of the Y. In certain circumstances, we may also share information with select similar nonprofit organizations that may offer activities of interest to you. To insure the confidentiality and security of this information, service providers must agree to safeguard all information in strict compliance with this policy.
The Y conducts regular sex offender screening on all members, participants, and guests. If a sex offender match occurs, The Y reserves the right to cancel membership, end program participation, and remove visitation access. We may also provide PII to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the provision of such information is required or permitted by law, such as in connection with the investigation or assertion of legal defenses or for compliance matters.
Collection of Payment Transaction Information
We collect information to process the financial transaction and may use that information to contact you in the future about The Y and its programs. Your payment information is transmitted to us, using an encrypted internet connection that helps maintain the privacy of this information. During the time your payment information resides on our computers, it is in an encrypted format and can only be accessed by authorized personnel with a decryption key.
Collection of Non-Personally Identifiable Information
We collect non-personally identifiable information without limitation, through the use of the following types of methodology:
- “Cookie” technology: A cookie is an element of data that a website can send to your browser, which may then store it on your system to help enhance your experience in using our sites and to provide us with technical information about your usage.
- IP address tracking: An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address.
- Web beacons: A web beacon, or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user.
Non-personally identifiable information might include the browser you use, the type of computer you use, technical information about your means of connection to our websites (such as the operating systems and the Internet service providers utilized), and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our websites and about the links you may select from within the sites to other areas of the World Wide Web or elsewhere online.
Although an industry-standard do-not-track (DNT) protocol has not yet been established, The Y’s information collection and disclosure practices and the choices it offers to consumers will continue to operate as described in this Policy.
Use of Non-Personally Identifiable Information
We use non-personally identifiable information for our purposes related to running YMCAs and their programs, and, in particular, to administering websites, and, in the aggregate, to determine what technologies are being used. We may also share aggregate, non-personally identifiable information with third-parties.
Collection of Sensitive Information
Where necessary, The Y may collect certain sensitive information from you, including
- payment card or bank account information to process fees or donations;
- health information in connection with various fitness programs, programs in which we are responsible for supervising children, health screenings, or other health service events that we may provide from time to time; and
Access to sensitive information is restricted to those individuals who have a legitimate need for access. We will not use or disclose your information to third-parties unless such disclosure is necessary to accomplish the purpose for which the information is collected.
Privacy of Children
This Site is intended for use by children who are 13 years of age or older. You must be at least 13 years old to register to use the products and services available on this Site. It is the policy of The Y that children, who are younger than 13 may visit and review the content on the Site, but The Y does not permit registration by or knowingly collect, use or disclose PII from and about users who are under 13 years of age. All interactions about a child who is less than 13 years of age through the Site must be accomplished by such child’s parent or guardian on his/her behalf.
Links to Other Sites
Users may find other content on our websites that link to the sites and services of other third-parties. We do not control the content or links appearing on these sites. Third-party sites or services, including their content and links, may be constantly changing and may have their own privacy policies and customer service policies. We encourage you to review the privacy policies of any third-party sites or services before providing any of them with your personal information.
If you opt-in to receive information from us, you can change your mind later. If at any time you would like to stop receiving such information or opt out of a feature, you may change your options by emailing email@example.com. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third-party who has been provided with your information in accordance with this policy.
Personal Data Access and Accuracy
You may contact The Y with inquiries or complaints regarding the use of information about you. We will use reasonable efforts to grant reasonable requests to access data about the requester. We will also make reasonable requests to correct any incorrect or misleading data about the requester.
YMCAs take appropriate administrative, technical, and physical measures to safeguard against unauthorized processing of personal information, and against the accidental loss of, or damage to, personal data. However, The Y cannot provide an absolute guarantee of the security of any of our websites or any other site on the Internet.
Consent to Transfer
YMCA websites are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to The Y will be transferred to the United States By using YMCA websites, participating in any YMCA services, and/or providing us with your information, you consent to this transfer.
California Privacy Rights
The California “Shine the Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third-parties for direct-marketing purposes in the preceding calendar year. The Y does not distribute your personal information to outside parties for their direct marketing without your consent.
Updating your Personal Information
You can update your personal information by emailing us at firstname.lastname@example.org or via a written request mailed to: Privacy, YMCA of Long Island, 121 Dosoris Lane, Glen Cove, NY 11542. Please do not send Social Security numbers or other sensitive information to us via unencrypted email.
Your Acceptance of These Terms