Terms and Conditions
Policies updated February 2019
These Terms of Use shall apply to (a) all websites owned and/or operated by YMCA of Dodge County including without limitation the website on which these Terms of Use are posted (collectively, the “YMCA”), as well as mobile versions thereof and social networking service pages and applications (collectively, the “Site”), and (b) any and all services available on or through the Site (the “Services”). By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use, YMCA of Dodge County’s Privacy Policy located at: http://www.theydc.org/terms-of-use (the “Privacy Policy”), and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. YMCA of Dodge County and any and all entities that control, are controlled by, or are affiliated or under common control with YMCA of Dodge County, are collectively referred to herein as “we,” “us” or “our.” “You,” or “your,” refers to you, a user of the Site or parent or legal guardian (over the age of 18) if such user is a minor in his or her state of residence.
The YMCA of Dodge County may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms of Use on the Site. If we make any material changes to these Terms of Use, we will endeavor to notify you in advance of such change, by highlighting the change on the Sites or by sending an email to you at the email address that you have registered with us. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.
To the extent that there is a conflict between these Terms of Use 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 to register or purchase (each, an “Event”), the Additional Terms of use shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms of Use, including any indemnification obligations, warranties, and limitations of liability.
By using or attempting to use the Site, you 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 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 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 with all of the terms and conditions contained in these Terms of Use, you must stop using the Site immediately.
1. Registration: You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, you may be required to register with the YMCA of Dodge County and select a password and screen name (your “registration”). You are responsible for maintaining the confidentiality of your registration. You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene.
You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify the YMCA of Dodge County in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to the YMCA of Dodge County, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the YMCA of Dodge County has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the YMCA of Dodge County has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) in its sole discretion.
Registration data and certain other information about you are subject to the Privacy Policy. Through your use of the Site and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by the YMCA of Dodge County and its affiliates.
We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the Site and immediately notify us of the problem by contacting us at wc@theydc.org. In the event of any dispute between two or more parties as to account ownership, you agree that the YMCA of Dodge County will be the sole arbiter of such dispute in its sole discretion and that YMCA’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
The YMCA of Dodge County hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Site and Services solely for your personal, non-commercial use, and to search for, view, register for, and interact with, Events that are listed on the Site, provided that you comply with these Terms of Use, and solely to the extent permitted under all applicable laws and regulations.
2. Code of Conduct: In connection with User Content (as defined in Section 6 below) and your use of the Site, you agree that you will not, nor permit anyone else to, indirectly or directly:
  • upload, post, email, transmit or otherwise make available any 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);
  • submit information that includes non-public personal or identifying 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, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • access or attempt to access parts of the Site for which you are not authorized by the YMCA of Dodge County, circumvent or attempt to circumvent any security or password protection on the Site, access the Site by any means other than through the interface that is provided and authorized by the YMCA of Dodge County;
  • modify any software for the Site 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;
  • use the Site or Materials (as defined in Section 3 below) 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 the YMCA of Dodge County;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
  • transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • use the Site to harm minors in any way;
  • engage in spamming or flooding;
  • transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
  • remove any copyright, trademark or other proprietary rights notices contained on the Site;
  • “frame” or “mirror” any part of the Site;
  • “stalk” or otherwise harass another;
  • link to any page of or content on the Site without written authorization;
  • 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 its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site. Notwithstanding the foregoing, the YMCA of Dodge County grants the operators of public search engines permission to use spiders to copy materials from the site 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. The YMCA of Dodge County reserves the right to revoke these exceptions either generally or in specific cases;
  • harvest or collect information about Site visitors or members without their express consent;
  • take any action that imposes or may impose (in 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 if you are not the original recipient of such passcode or password;
  • 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
  • violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
The foregoing actions shall constitute a material breach of these Terms of Use.
You acknowledge, consent and agree that the YMCA of Dodge County may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with laws, rules, regulations, or legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the YMCA of Dodge County, its users and the public.
You understand that the technical processing and transmission of the Site, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the YMCA of Dodge County and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to the YMCA of Dodge County through any of its media, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) the YMCA of Dodge County is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) the YMCA of Dodge County shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) the YMCA of Dodge County may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of the YMCA of Dodge County without any obligation of the YMCA of Dodge County to you; and (f) you are not entitled to any compensation or reimbursement of any kind from the YMCA of Dodge County under any circumstances.
3. Ownership and Restrictions on Use: The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by the YMCA of Dodge County or its licensors, and are intended to educate and inform you about the events and other products and services offered or described on the Site. Subject to your compliance with these Terms of Use, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms of Use, we grant you a limited license to use the Site and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Site and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the YMCA of Dodge County. Use of the Site and Materials for any purpose other than as expressly authorized in these Terms of Use is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by YMCA and will remain the exclusive property of the YMCA of Dodge County. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest or otherwise impair YMCA’s ownership of the Site and the content therein.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of YMCA’s national council, YMCA of the USA and YMCA’s advertisers, licensors, suppliers and others. The Trademarks, whether registered or unregistered, may not be used in connection with any product or service that is not offered by the YMCA of Dodge County, in any manner that is likely to cause confusion with customers, or in any manner that disparages the YMCA of Dodge County or YMCA of the USA. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the YMCA of Dodge County, YMCA of the USA, YMCA’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and the YMCA of Dodge County and/or YMCA of the USA will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
4. Making Purchases: If you wish to purchase products or services or register for an Event described on the Site (each, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by the YMCA of Dodge County in the manner described in our Privacy Policy. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Transactions. In addition to these Terms of Use, your Transaction shall be subject to any Additional Terms applicable to such services, features or purchases. Registration for Events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses. You grant the YMCA of Dodge County the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions or images of, or references to, third party products, services, or Events on the Site do not imply the YMCA of Dodge County’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 the YMCA of Dodge County’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.