This Terms of Use Agreement (these “Terms of Use”) is a binding legal contract between you (“You” or “Your” either an individual or a legal entity) and The YWCA Metropolitan Detroit (“YWCA”). These Terms of Use govern Your access to and use of the websites, media, apps, in-app services, and any other cloud services offered by The YWCA Metropolitan Detroit including without limitation, https://www.ywcadetroit.org and any media, software, programs, services, tools, features, databases, materials, content, features, products, apps, in-app services, or information available or sold on or through it or used in connection with it (collectively, the “Services” and each a “Service”). These Terms of Use will bind you by downloading, accessing, or using any part of the Service you accessed. If You do not agree to these Terms of Use, YWCA Metropolitan Detroit is unwilling to grant You any right to use or access the Service. In such event, You are not granted permission to access or otherwise use the Service and are instructed to exit the Service immediately.
YWCA Metropolitan Detroit may change, add, or remove portions of the Terms of Use occasionally, and such changes shall become effective immediately upon posting. It is Your responsibility to review the Terms of Use before each use of the Service, and by continuing to use the Service, You agree to any changes, additions, and removals.
SERVICE ACCESS AND USE LICENSE
The Service You have accessed and, all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name, and other intellectual property, and are owned or controlled by YWCA Metropolitan Detroit, its affiliates, and licensors. The Service is licensed to You, not sold. Except for the limited license granted in these Terms of Use, YWCA Metropolitan Detroit and its licensors retain all rights, titles, and interest in the Service and all proprietary rights in the Service, including without limitation copyrights, patents, trademarks, service marks, and trade names.
YWCA Metropolitan Detroit may change, suspend, or discontinue any aspect of the Service at any time. YWCA Metropolitan Detroit, its suppliers, and service providers reserve all rights not granted in these Terms of Use.
- GRANT OF LICENSE. YWCA Metropolitan Detroit grants you a personal, revocable, nontransferable, nonexclusive license to use the Service for personal, non-commercial purposes, conditioned on Your continued compliance with these Terms of Use.
- LIMITATIONS ON LICENSE. The license granted to You in these Terms of Use is restricted as follows:
- Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Service for personal, non-commercial use only, provided that You maintain and display all copyright, trademark, and other notices contained therein.
- Limitations on Use. You may use and access the Service solely for Your personal, non-commercial use. All use of the Service must be under these Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Service or any contents, information, data or materials provided through the Service in any manner not expressly permitted by these Terms of Use or the Service. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any of the Services. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service; (ii) attempt to gain unauthorized access to any portion or feature of the Service, including without limitation, the account of any other authorized user or any other systems or networks connected to the Service or to any server used by YWCA Metropolitian Detroit or to any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures on the Service, or any network connected to the Service; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Service; (v) take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Service or systems or networks of YWCA Metropolitian Detroit or networks connected to the Service; (vi) use any device, software, or routine to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service; (vii) use the Service to harvest or collect e-mail addresses or other contact information; (viii) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Service without the express, separate and prior written permission of YWCA Metropolitian Detroit; (ix) create an intact reproduction of a page or pages of the Service into another service; or (x) use the Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact YWCA Metopolitian Detroit.
- Non-Solicitation. You may not post or transmit through the Service any material that contains advertising or any solicitation concerning products or services.
- Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify, or create works derivative of the Service or any materials accessed through the Service.
- Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service.
- Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Service complies with all applicable foreign, federal, state, and local laws, rules, and regulations.
USER OBLIGATIONS. By downloading, accessing, or using the Service to view information and materials or submit Material (as defined below) of any kind, You represent that You: (i) are at least eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of age and using the Service with parental or legal guardian consent and supervision; (ii) are registered to the
extent required, and have not been previously restricted, suspended or terminated by YWCA Metropolitan Detroit; and (iii) are not using another authorized user’s account without that person’s permission.
YOUR SUBMISSION OF CONTENT. The Service may contain comment areas, questionnaires, tools, and other interactive features where You can share and display content, information, postings, and materials, including without limitation, statements, photographs, video, and other images (collectively “Materials”). You are solely responsible for any Materials You provide. By submitting Materials to the Service, You warrant that You have all necessary rights to grant, and automatically grant to YWCA Metropolitan Detroit and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Materials (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Service to access, view, store, or reproduce Your Materials and content for that user’s personal, non-commercial use. YWCA Metropolitan Detroit will not be required to treat any Materials as confidential, and You grant to YWCA Metropolitan Detroit the right to edit, copy, display, publish, and distribute any Materials made available via the Service by You, without compensation to You or any other party submitting the Materials for You. Notwithstanding the right and license, by merely permitting Your Materials to appear on the Service, YWCA Metropolitan Detroit is not a publisher of such Materials and is merely functioning as an intermediary to enable You to provide and display Materials. Moreover, and except as provided in these Terms of Use concerning the right and ability of YWCA Metropolitan Detroit to delete or remove Materials, YWCA Metropolitan Detroit does not endorse, oppose, or edit any opinion provided by You or any other user and does not make any representation concerning, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Materials displayed, uploaded, linked to or distributed by You or any other user. You agree that by using the Service, You will not post or transmit any of the following:
- anything that interferes with or disrupts the Service or its operation;
- Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
- unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
- Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Materials that harm minors;
- Materials that impersonate any other person or entity, whether actual or fictitious or that misrepresent Your affiliation with any entity; or
- Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Service.
OTHER TERMS AND CONDITIONS. Additional notices or terms and conditions may apply to the receipt of services, participation in a particular program, sweepstakes, training, authorized user registration to other specific portions or features of the Service, all of which are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Service, the latter terms shall control your use of that portion of the Service.
LINKS TO OTHER SERVICES. YWCA Metropolitan Detroit may provide links, in its sole discretion, to other services. YWCA Metropolitan Detroit is not responsible for the availability of these outside resources or their contents. YWCA Metropolitan Detroit expressly disclaims any responsibility for the content, materials, accuracy of information, and/or the quality of the
products or services provided by, available through, or advertised on these third-party services, or the products or services provided by any third party.
LINKS TO THIS SERVICE. You may link to the Service provided that You do so in a way that indicates that the link is direct to a YWCA Metropolitan Detroit Service and is fair and not misleading. You may not integrate or make use of all or part of the Service in ways that would confuse or mislead visitors as to the nature and origin of the Service’s content.
PASSWORDS; SECURITY. Registration by You as an authorized user for access to certain areas of the Service may require both a username and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give Your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of Your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that YWCA Metropolitan Detroit, in its sole discretion, deems inappropriate or offensive or discriminates based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or user name, and You further acknowledge and agree that all rights in and to Your user name and account are and shall forever be owned by and inure to the benefit of YWCA Metropolitan Detroit. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of Your Authorized User Credentials. YWCA Metropolitan Detroit WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. YWCA Metropolitan Detroit
reserves the right to delete or change Authorized User Credentials (with or without notice) at any
time and for any reason.
TERMINATION. These Terms of Use and Your license to use the Service will take effect the moment You install, access, or use the Service and will be in effect until terminated as set forth
below. This license will automatically terminate in the event You breach any of these terms. Termination will be effective without notice. You may terminate these Terms of Use at any time by ceasing to use the Service. All applicable provisions of these Terms of Use as identified below will survive termination. Upon termination, You must destroy all copies of any aspect of the Service in Your possession. The following will survive termination of these Terms of Use for any reason: (i) the General section below; (ii) the provisions concerning rights in Your Materials that You have granted to YWCA Metropolitan Detroit; and (iii) YWCA Metropolitan Detroit ’ proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YWCA Metropolitan Detroit AND ITS LICENSORS DISCLAIM ALL WARRANTIES CONCERNING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. YWCA
Metropolitan Detroit DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. YWCA Metropolitan Detroit DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE
THAT YWCA Metropolitan Detroit IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
OTHER DISCLAIMERS. CONTENT ON THE SERVICE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE SERVICE.
YWCA Metropolitan Detroit DOES NOT REPRESENT OR WARRANT THAT PRODUCT INFORMATION ON THE SERVICE IS ACCURATE OR COMPLETE, AS INFORMATION MAY BE PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS, AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION ABOUT A PRODUCT.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YWCA Metropolitan Detroit OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, ITS CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY CONTENT OR PRODUCTS AVAILABLE
OR SOLD ON OR THROUGH THE SERVICE, EVEN IF YWCA Metropolitan Detroit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
THE ENTIRE LIABILITY OF YWCA Metropolitan Detroit AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF USE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.
ONLINE DONATIONS/ SERVICE PAYMENT
You represent and warrant that you have the legal right to use any credit card(S) or other payment methods(S) utilized in connection with the payment exchange. By submitting such credit card or payment information, You grant to the YWCA Metropolitan Detroit the right to provide such information to third parties for purposes of facilitating the completion of any transactions initiated by You or on Your behalf. Verification of information may be required before the acknowledgment or completion of any such transaction. It is Your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any product or service purchased from the Service. Donations are strictly non-refundable.
Service-based payments such as childcare are only refundable in case-by-case situations with management approval.
