Terms and Conditions of Use
PLEASE READ THESE PROVISIONS BELOW. BY USING THE YMCA OF MIDDLE TENNESSEE WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE.
By using the YMCA of Middle Tennessee website, you acknowledge that you have read and accept the Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not access or otherwise use the YMCA of Middle Tennessee website. These Terms and Conditions of Use govern your use of the YMCA of Middle Tennessee website and all services provided in connection with the YMCA of Middle Tennessee website. These Terms and Conditions of Use may be modified from time to time without notice. Please check this area before using the YMCA of Middle Tennessee website to determine whether a change has been made to these Terms and Conditions of Use. Each time you log on to the YMCA of Middle Tennessee website, you will be deemed to have accepted any such changes.
Restrictions on Use of Materials
The entire contents of the YMCA of Middle Tennessee 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 Middle Tennessee website are protected by copyright, and are owned or controlled by the YMCA of Middle Tennessee 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 Middle Tennessee website. You may download and make copies of the Content and other downloadable items displayed on the YMCA of Middle Tennessee 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 Middle Tennessee or the copyright holder identified in the individual Content's copyright notice.
Any trademarks, logos and/or service marks displayed on the YMCA of Middle Tennessee website are owned or licensed to the YMCA of Middle Tennessee and are for your use only in connection with using the YMCA of Middle Tennessee 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 Middle Tennessee website.
The YMCA of Middle Tennessee may change, suspend or discontinue any aspect of the YMCA of Middle Tennessee website at any time, including the availability of any YMCA of Middle Tennessee website feature, database or Content. The YMCA of Middle Tennessee website may also impose limits on certain features and services or restrict your access to parts or all of the YMCA of Middle Tennessee 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 Middle Tennessee website any materials which (i) restrict or inhibit any other user from using and enjoying the YMCA of Middle Tennessee 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 Middle Tennessee, 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 Middle Tennessee 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 Middle Tennessee.
Links
The YMCA of Middle Tennessee website contains links and pointers to other related World Wide Web Internet sites, resources, and sponsors of the YMCA of Middle Tennessee website. Links to and from the YMCA of Middle Tennessee website to other third parties, maintained by third parties, do not constitute an endorsement by the YMCA of Middle Tennessee or any of its subsidiaries or affiliates of any third party resources, or their contents.
Disclaimers
The YMCA of Middle Tennessee does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the YMCA of Middle Tennessee website. Any reliance upon any such information is at your sole risk. The YMCA of Middle Tennessee reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the YMCA of Middle Tennessee website.
The YMCA of Middle Tennessee does not and cannot review all materials posted to the YMCA of Middle Tennessee website by users, and the YMCA of Middle Tennessee is not responsible for any such materials posted by users. However, the YMCA of Middle Tennessee 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 Middle Tennessee's sole discretion are objectionable or in violation of this Agreement.
No Warranties
THE YMCA OF MIDDLE TENNESSEE WEBSITE IS PROVIDED "AS IS," AND THE YMCA OF MIDDLE TENNESSEE AND ITS AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR THE USE OF THE YMCA OF MIDDLE TENNESSEE WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS IN THE SITE. THE YMCA OF MIDDLE TENNESSEE 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 MIDDLE TENNESSEE 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 MIDDLE TENNESSEE WEBSITE OR ANY LINKED SITE. THE YMCA OF MIDDLE TENNESSEE AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE YMCA OF MIDDLE TENNESSEE DOES NOT WARRANT THAT THE FUNCTIONS, MATERIALS, OR CONTENT IN THE YMCA OF MIDDLE TENNESSEE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE YMCA OF MIDDLE TENNESSEE 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 Middle Tennessee website, you hereby grant to the YMCA of Middle Tennessee 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 Middle Tennessee 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 Middle Tennessee website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the YMCA of Middle Tennessee website, no confidential, fiduciary, contractually implied or other relationship is created between you and the YMCA of Middle Tennessee 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 Tennessee, 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 Tennessee.
Privacy
The YMCA of Middle Tennessee is committed to protecting your privacy and security. You are urged to read the YMCA of Middle Tennessee Website Privacy Policy.
Contact
If you have any questions about the Terms and Conditions of Use for this site, please contact the YMCA of Middle Tennessee by sending an e-mail to webmaster@ymcamidtn.org or by sending us a letter at the following address:
YMCA of Middle Tennessee
1000 Church St.
Nashville, TN 37203
Attention: General Counsel