YMCA of Greater Westfield: Terms and Conditions of Use
Please read the following terms and conditions relating to your use of this website carefully. By using this website, you agree to the following terms and conditions of use (the “Terms”). The YMCA of Greater Westfield (hereafter, collectively, and intermittently referred to as “YMCA”, “We”, “Us”, or “Our”) reserve the right to modify the Terms at any time. You should check the Terms periodically for changes. By using this website after we post any changes to the Terms, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept the Terms, please do not use this website.
Scope of Terms and Conditions
The Terms apply to your use of this website only and do not apply to your use of any unaffiliated websites to which the YMCA of Greater Westfield website only links.
Restrictions on Use of Materials
The contents of the YMCA of Greater Westfield’s website (the “Website”) are protected by United States copyright and trademark laws and are the exclusive property of the YMCA. Unless express permission is granted by the YMCA for any alternate use, you may access the materials located within the Website only for personal use. You may download copies of posted materials for personal, non-commercial use only, and you are prohibited from altering, modifying, and deleting any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.
You may not modify, copy, publish, display, transmit, adapt, or in any way exploit the contents of the Website. Only if you obtain prior written consent from Us — and from any other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Website.
For the convenience of Our vendors, We may display catalogs of stock images, descriptions and product specifications. While We try to offer reliable data, We cannot promise that the catalogs will always be accurate and up-to-date. You agree that you will not hold Our vendors responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes. You may not use catalog content in a way that infringes or violates the proprietary rights of another.
These terms and conditions apply only to the Website, and not to the websites of any other companies or organizations, including those to which the Website may link. We are not responsible for the availability of any other website to which the Website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will We be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster. We reserve the right, however, to rescind any permission granted by Us, and to require termination of linking to the website, at Our discretion at any time.
The services and materials on the website are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that any functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components.
We do not make any representations regarding the use or the results of the use of the services or materials within the Website with regards to accuracy, reliability, or otherwise. You assume all liability for the cost of all necessary servicing, repair or correction to your system in conjunction with any such use.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We do not endorse, warrant or guarantee any products or services offered on the Website. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services, nor do We assume any liability for the same.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will We be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Website, or any products of services provided pursuant to the Website, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by Us or any of Our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to Us, if applicable, for accessing the Website.
No Personal Advice
The information contained in or made available through the Website cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Website. We will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
You agree to defend, indemnify and hold the YMCA, and Our officers, directors, employees, agents and assigns harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by Us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
We control and operate the Website from our offices in the United State of America. We do not represent that materials on the Website are appropriate or available for use in other geographic locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with all local and federal laws, statutes, and regulations to the extent of applicability of the same.
These terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to any principles of conflicts of law. You agree that any action of law or inequity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the Massachusetts Arbitration Association and will be arbitrated in Boston, MA. If any of these terms and conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or impermissible content. However, We respect the copyright interests of others. It is Our policy not to permit materials known by Us to infringe upon another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe upon a copyright, you should provide Us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
YMCA of Greater Westfield
67 Court Street
Westfield, MA 01085
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of the Websites, including information:
- By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
- That is about you does not specifically identify you, such as information about your internet connection, the equipment you use to access the Websites and usage details.
You do not have to provide personal information to use the Website. However, particular services provided through the Website require that you furnish personal information. We collect personal information only when you provide it to Us, for example; in registering for camps; pledging support through Network for Good (online giving); registering information about membership or volunteering at the YMCA of Greater Westfield; purchasing items from our online store; and when taking part in promotional opportunities or registering for general information on programs and services. You may be asked to provide your personal information, such as name, address, telephone number, and/or email address, and demographic information (such as your zip code, location, or age) in connection with your use of such service (hereafter, “Personal Information”).
Personal Information is used to respond to your inquiries; to notify you in connection with your request for services; register you for programs or services; include you in Our communications to members; or contact you with regards to your inquiries from the Website. You also may receive periodic mailings (direct or via email) about Our services, updates to the Website, or upcoming events. You may opt out of having your Personal Information used as part of Our mailing list at any time. To opt out of any YMCA communications, click the unsubscribe link at the bottom of any YMCA email or send an email to the YMCA membership director
We use IP addresses to calculate website usage levels, to gather broad demographic information, and to monitor the level of activity on the Website. Whenever you are on the internet, a number (an IP address) is automatically assigned to your computer. This number is identified and logged automatically whenever you visit the Website. Collecting IP addresses is standard practice on the internet, and is done automatically by most websites.
Disclosure of Information
We may also disclose your Personal Information, if We believe that We are required to do so by law, to comply with legal process or governmental requests, to enforce the YMCA Code of Conduct, or to protect the rights, property, or safety of the YMCA, its users, or the public.
The information that is collected from you when you pledge your support to the YMCA includes: your name, address, email, phone number, and credit card information, when you provide it (the “Personally Identifiable Information”). Such Personally Identifiable Information is used to provide you with a receipt for your gift and to bill your credit card when applicable. We use commercially reasonable efforts to maintain the integrity of all Personally Identifiable Information collected.
In order to improve Our services to you, We may ask some of our customers to voluntarily complete surveys, which may be collected by an independent third party. Individual survey answers are confidential, although non-personally identifiable information is collected and may be disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked.
The YMCA offers free newsletters and promotional emails as a service to Our customers. The YMCA will send you newsletters and e-mails periodically listing current specials and deals. To stop receiving Our newsletter, send an e-mail to Us.
If you contact the YMCA or Our customer service representatives by telephone, email or letter, We may keep a record of your correspondence or comments. If you report a problem with the Website, We may collect such information in a file specific to you. If you contact Us through Our feedback area or by calling one of Our customer service representatives, We may ask for your name, e-mail address and other information in order to send you a reply.
We do not currently display advertisements on the Website. However, should We at some point decide to allow advertising on the Website, We will update this Policy to reflect that change. The YMCA expressly reserves the right to track customers’ traffic patterns throughout their online session, including which pages, information, and advertisements a customer views while using the Website. We may use your IP address to diagnose problems with Our servers, software, to administer the Website, and to gather demographic information. We may share aggregated statistics about pages viewed on the Website.
We do not sell, trade, or license your information to others without your consent. If a customer does not pay Us for services ordered, we may submit their account information to a third party collection agency. Except as otherwise stated in this Policy, without your consent, the YMCA does not disclose its customers’ Personally Identifiable Information to other merchants.
The information collected by or for the YMCA may be provided to an outside company for the purpose of analysis. This analysis is to help Us to improve the Website, services selection, and to notify you of special offers that may be of interest to you. That data analysis agent may not share any of your Personal Information with others, or use it for any other purpose than to help the YMCA. We utilize third party vendors to track cookies’ identification numbers and internal web site tracking features to create statistics about our customers and visitors, traffic patterns, and related site information.
We encourage you to check and promptly update your information if it changes at your home branch. You may ask to have the information on your account deleted or removed; however, because We keep track of past purchases, you cannot delete information associated with past purchases. Also, as a security measure we “back up” the data stored on our systems, and such prior information cannot be completely removed from our databases. As a result, you should not expect that all personal information will be completely removed from our backed-up databases.
Children Under the Age of 13
You must be at least 13-years-old to use the Website. We do not knowingly collect, use or disclose personal information about visitors under 13 years of age. Users between the ages of thirteen (13) and eighteen (18) may browse the Website, however, these users are prohibited from ordering services, participating in any offers on the Website, or disclosing any Personally Identifiable Information without the contemporaneous consent of a parent or guardian. If you are the parent or guardian of a minor under eighteen (18) years of age and believe that they have disclosed Personally Identifiable Information to Us, please call (413) 568-8631.
When you use the Website We store cookies on your computer in order to facilitate your use. A cookie is a small text file, which a website stores on your computer’s hard drive (if your browser setting permits) that can later be retrieved to identify you to the YMCA and customize your experience. The cookies make your use of the site easier, make the site run more smoothly, and help Us to maintain a secure website.
If you have any questions about this Policy, the practices of the Website, or your dealings with the Website, please contact the YMCA of Greater Westfield:
YMCA of Greater Westfield
Attn: Marketing and Communications Department
67 Court Street
Westfield, MA 01085
YMCA of Greater Westfield Refund Policy: Membership dues and any additional fees for amenities are non-refundable