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Terms of Use

TERMS OF USE 

 

Last updated [08/24/2021] 
 

AGREEMENT TO TERMS 

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Boys & Girls Clubs of America ("Company", “we”, “us”, or “our”), concerning your access to and use of the ClubPrograms.org as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

INTELLECTUAL PROPERTY RIGHTS 

 

Through the site, you will have access to certain content, such as educational programming, techniques and sessions (“Content”). The Content and the selection, compilation, collection, arrangement and assembly thereof are owned exclusively by BGCA and are protected by U.S. and international copyright, trademark and other laws. By agreeing to these terms, you acknowledge that these rights are valid and enforceable. 

 

BGCA enables access to the Content for use in [non-profit youth development] and youth education (collectively, “Permitted Use”). Subject to these Terms of Use, you are authorized to download the Content, make copies to display to youth, and perform the Content or otherwise use it solely in connection with a Permitted Use, provided you keep all copyright, attribution, and other proprietary notices intact. You may not distribute the Content outside of a Permitted Use, charge youth or any other third party for using the Content, post it to the Web or social media, use the Content for any commercial purpose, or otherwise exploit the Content. Modification of the Content or use of the Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. Any unauthorized use of the Site or the Content automatically terminates any permission or license granted by BGCA hereunder.

Although BGCA strives to provide Content that is both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although BGCA endeavors to use reasonable care in assembling the Content, the Content may not be up-to-date, accurate or complete. Further, the Content should not be construed as professional advice on any subject matter, and availability or use of the Content is not intended to create, and does not create, any professional services relationship.

The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of BGCA. The Trademarks owned by BGCA, whether registered or unregistered, may not be used in connection with any product or service that is not BGCA’s, in any manner that is likely to cause confusion with BGCA or a local Boys & Girls Club, or in any manner that disparages BGCA or a local Boys & Girls Club. 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 BGCA. Any use of the Trademarks, and all goodwill associated with such Trademarks, shall inure solely to the benefit of BGCA. Misuse of any Trademarks is prohibited, and BGCA will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

The Site is owned and operated by BGCA, and the contents (and any intellectual property and other rights relating thereto) are and will remain the property of BGCA. The site contents and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose.

 

YOUR ACCOUNT

 

When you register with the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form and (b) maintain and update your information (including your email address and any additional information required if you purchase Member Services) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of all or any portion of the Site.

As part of the registration process, you may be asked to select a username and password. We may refuse to grant you, or require that you change, any username or password that you select in registering, including anything you select that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use or misuse of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly notify us and change your username or password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

We reserve the right to terminate or suspend your access to and use of the Site or any portion thereof, including the Content, at any time and for any reason, with or without cause. BGCA shall have no liability for any such suspension or termination, following which your right to use the Site shall immediately cease, and you shall destroy all Content obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise.

USER DATA 

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. You can find more information regarding BGCA’s data privacy policy here. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

 

CODE OF CONDUCT

While using the Site and/or Content, you agree to comply with all applicable laws, rules and regulations, and that you will not:

  • Use the Site or Content for any unlawful or improper purpose;
  • Use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of any content;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or otherwise fails to respect the rights and dignity of others; (b) any material, non-public information about companies without the authorization to do so; (c) any material protected by trade secret, copyright, trademark, right of publicity or privacy or any other proprietary right of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial purpose or communication;
  • Use any BGCA Trademark or any BGCA graphics, logos, page headers, button icons, scripts or services names;
  • Remove any copyright, trademark or other proprietary rights or notices contained in the Site or any Content;
  • “Frame” or “mirror” any part of the Site, or otherwise incorporate any part of the Site into any product or service, without our prior written authorization;
  • Collect, harvest or store personal data or other information about other users;
  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of interfering or disrupting the operation of the Site or the servers or networks used to make the Site available, such as by “hacking” or defacing any portion of the Site;
  • Engage in spamming or flooding;
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without BGCA’s prior written consent;
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, Easter eggs, defects, date bombs, time bombs, spyware, or other items of a destructive nature; or
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “scrape,” “data mine” or in any way gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site or its contents. 

If you find any Content on the Site which you believe violate or is inconsistent with this Code of Conduct, please contact the Site administrator at ReBrown@bgca.org.

DISCLAIMERS

 

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

 

NEITHER BGCA NOR ANY OF ITS AFFILIATES, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS, SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE, INCLUDING THE CONTENT, NOR DO THEY WARRANT THAT YOUR USE OF THE SITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SITE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR THIRD PARTY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THIRD PARTY MATERIAL. YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY THIRD PARTY MATERIALS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.

 

LIMITATION OF LIABILITY

NEITHER BGCA NOR ANY OF OUR AFFILIATES, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT, AND/OR THIRD PARTY MATERIALS CONTAINED ON THE SITE OR ANY LINKED SITE AND/OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF BGCA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR CONTENT IS TO STOP USING THE SITE OR CONTENT, AS APPLICABLE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED $10.00. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE SITE AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION

 

You agree to indemnify, defend and hold BGCA, our affiliates, member organizations, partners, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including without limitation attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, (b) your use of and activities in connection with the Site, (b) your use of the Content, and/or (d) your account(s) (including presenting any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence). You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

TERMINATION

This Agreement is effective until terminated by either Party. You may terminate this Agreement at any time by destroying all Content and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. BGCA may terminate this Agreement if, in its sole discretion, you fail to comply with any term or provision hereof or if you engage in any conduct that is illegal or tortious. Upon termination of the Agreement by BGCA, you must destroy all Content and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise.

 

MODIFICATIONS AND INTERRUPTIONS 

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.   

 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 
 

GOVERNING LAW 

 

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles. Any claim or cause of action relating to these Terms of Use or the Content shall be brought in the courts of the State of Georgia.

 

The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we so choose.

 

NOTICE FOR CALIFORNIA USERS

 

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

MISCELLANEOUS

 

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, including any terms and conditions incorporated herein, constitute the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with BGCA’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

CONTACT US  

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:  

 

Boys & Girls Clubs of America 

1275 Peachtree Street NE 

Atlanta, GA 30309 

United States 

Phone: 404-487-5700