Scope of Terms and Conditions

These terms and conditions apply to your use of this website. They do not apply to unaffiliated websites to which the YMCA of the East Bay website may link.

Restrictions on Use of Materials

The contents of the YMCA of the East Bay website are protected by copyright and trademark laws and are the property of the YMCA of the East Bay. Unless otherwise stated, you may access materials on this website only for your personal use. You may download copies of posted materials for personal, noncommercial use only, provided you do not alter or remove any author attribution, trademark, legend, or copyright notice. Downloading copyrighted material does not grant you any ownership rights.

You may not modify, copy, publish, display, transmit, adapt, or otherwise exploit the content of this website without prior written consent from us and any other entities with rights to the relevant intellectual property.

Content

For the convenience of our vendors, we may display catalogs of stock images, descriptions, and product specifications. While we strive to offer reliable data, we cannot guarantee accuracy or timeliness. You agree not to hold our vendors responsible for inaccuracies. Catalogs may include copyrighted or trademarked materials; you may use them only for informational purposes and not in a way that infringes on another’s rights.

Links

These terms apply only to this website and not to other websites linked from it. We are not responsible for the availability, content, advertising, products, or other materials of external sites. We will not be liable for any loss or damage arising from your use of or reliance on content, goods, or services from other sites. Concerns should be directed to the administrator of those websites. We reserve the right to revoke linking permissions at any time.

Disclaimers

The services and materials on this website are provided “as is,” without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that functions will be uninterrupted or error-free, that defects will be corrected, or that this website or its servers are free of viruses or harmful components.

We make no representations about the accuracy, reliability, or usefulness of the materials on this website. You assume the cost of all necessary servicing or repairs.

Applicable law may not allow exclusion of implied warranties, so some exclusions may not apply to you.

We do not endorse or guarantee any products or services offered on this website and are not a party to any transactions between users and third-party providers.

Limitation of Liability

Under no circumstances, including negligence, shall we be liable for any special or consequential damages resulting from the use or inability to use the materials on this website, even if advised of the possibility of such damages.

Applicable law may not allow limitation of liability for incidental or consequential damages (including lost data), so some limitations may not apply to you.

In no event shall our total liability, or that of our licensors or suppliers, exceed the amount paid by you, if any, for accessing the website.

No Personal Advice

Information provided through this website cannot replace professional advice in fields such as medicine or law. Always consult a qualified professional for specific concerns. We make no warranties regarding treatments or actions based on the information provided and are not liable for any damages, including injury, illness, or death.

Privacy Policy

We are committed to protecting your privacy and security. Please review our Privacy Policy for full details.

Indemnity

You agree to defend, indemnify, and hold harmless the YMCA of the East Bay, its officers, directors, employees, and agents from all claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:

1. Any breach of these terms and conditions,
2. Your content and materials,
3. Your use of materials or features available on the website, or
4. Any violation of applicable law or third-party agreements.

Jurisdictional Issues

This website is controlled and operated in the United States. We make no representation that materials are appropriate for use elsewhere. Those accessing the website from other locations are responsible for compliance with local laws.

Miscellaneous

These terms are governed by and construed in accordance with the laws of the State of Illinois. Any legal action arising from these terms will be subject to binding arbitration in Chicago, Illinois, through the Illinois Arbitration Association.
If any provision is found unlawful or unenforceable, it will be severed without affecting the validity of the remaining terms. This constitutes the entire agreement between you and us and may only be modified by posting updates to these terms or by a written agreement signed by both parties.

Digital Millennium Copyright Act (DMCA) Notice

Materials may be made available on this website by third parties beyond our control. We are not obligated to monitor content for illegal or impermissible material but will remove content known to infringe copyrights.

If you believe content on this site infringes your copyright, please provide written notice including:

1. A physical or electronic signature of the authorized representative;
2. Identification of the copyrighted work(s);
3. Identification of the infringing material and its location;
4. Contact information for the complaining party;
5. A statement of good faith belief that the material is not authorized; and
6. A statement, under penalty of perjury, that the complaint is accurate and authorized.

Send all DMCA notices to:

YMCA of the East Bay
2111 Martin Luther King Jr Way
Berkeley, CA 94704

It is our policy to terminate relationships with third parties who repeatedly infringe on the copyrights of others.