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Boys & Girls Clubs of America Terms of Use

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE, WHICH IS PROVIDED BY BOYS & GIRLS CLUBS OF AMERICA (“BGCA,” ” WE,” “US,” “OUR”). BY ACCESSING THIS WEB SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY BGCA FROM TIME TO TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use and all matters or issues collateral thereto will be governed by, regard to its conflicts of law principles. Any action or proceedings brought by You against Us shall be brought exclusively in the United States District Court for the Northern District of Georgia or in the state or superior courts of the State of Georgia, located in Atlanta, Georgia and You hereby accept and submit to the jurisdiction of each of the above mentioned courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by Us against You.

Boys & Girls Clubs of America Terms of Use

Boys & Girls Clubs of America has updated BGCA.NET's Terms of Use. Please review and approve these before proceeding.

THESE TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED BY BOYS & GIRLS CLUBS OF AMERICA (“B&GCA,” WE,” “US, “OUR”). BY ACCESSING THIS WEB SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY B&GCA FROM TIME TO TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

AUTHORIZED USERS OF THE SITE

This Site may be used only by authorized B&GCA employees, Boys & Girls Club organizations, professionals, volunteers, associates and Club members (“Authorized Users”). If You are not an Authorized User, or have not otherwise received written permission from B&GCA to use this Site, You should cease use of this Site immediately.

ACCESS TO THE SITE

To access this Site, You must provide certain registration details. It is a condition of Your use of this Site that all the information You provide will be correct, current, and complete. B&GCA has the right to refuse You access to the Site or any of its resources, and to terminate or suspend Your access at any time in its sole discretion. SECURITY Any passwords used for this Site are for individual use only. You will be responsible for the security of Your password. B&GCA will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that B&GCA considers insecure, B&GCA will be entitled to require the password to be changed and/or terminate Your account.

PERMITTED AND PROHIBITED USES

We hereby grant You a nonexclusive, nontransferable, limited, revocable license to display the Site solely for Your personal education regarding B&GCA. You may not copy, reproduce, republish, upload, post, frame, transmit, or distribute the Site or the Site content in any way, without Our prior written consent in each instance (except as an incidental part of page caching by Your browser software so that You may view the Site). Except for the foregoing license, You have no other rights or licenses, and You may not use any such Site content on any other Web site. Modification of the materials or use of the materials for any other purpose is a violation of these Terms and Conditions, copyrights and other proprietary rights associated with the materials. You may not use any spider, robot, other automatic process or mechanical process to monitor or copy the Site, its contents, or information from visitors to the Site.

You may use the Site for lawful purposes only. You may not post or transmit through the Site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, (iii) is vulgar, obscene, profane or otherwise objectionable, or (iv) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Specifically, You will not use the Site to: (i) send unsolicited commercial messages or communications in any form ("SPAM"); (ii) intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; (iii) engage in any activities or actions intended to withhold or cloak Your identity or contact information; (iv) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; or (v) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program. We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting or transmitting such information or materials. If You violate any of these Terms and Conditions, Your license to use the Site is automatically terminated (in addition to any other rights and remedies We have).

CONFIDENTIALITY

You acknowledge that the information contained on this Site, except for information that is otherwise publicly available, constitutes trade secrets and/or confidential information of B&GCA. During the term of Your registration with this Site and at all times thereafter, You agree to keep confidential and not disclose the trade secrets. During the term of Your registration with this Site and for 3 years thereafter, You agree to keep confidential and not disclose the confidential information. You acknowledge that B&GCA will be irreparably harmed if You disclose trade secrets and/or confidential information in violation of this provision, and You agree that B&GCA will be entitled to an injunction to prevent such disclosure.

WARRANTIES

THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THIS SITE OR ITS CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

In no event will We be liable to You for any direct, indirect, special, incidental, punitive or consequential damages of any kind resulting from the use of, or the inability to use, this Site, whether such claims are brought in contract, tort or otherwise, and even if We or Our authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In no event shall Our aggregate liability to You under these Terms of Use exceed One Hundred Dollars ($100.00).

SUBMISSION OF CREATIVE MATERIALS

We are pleased to hear from You and welcome Your input regarding the Site. You may submit suggestions, comments, art or any other information or ideas to Us by email or otherwise ("Creative Materials"). You represent and warrant that all Creative Materials submitted by You do not infringe on any third party's rights. No Creative Materials will be subject to any obligation of confidence by Us, and We shall not be liable for any use or disclosure of any such Creative Materials. You hereby waive, to the fullest extent allowed by applicable law, all rights in and to the Creative Materials so submitted, including rights of attribution and integrity, and You agree and acknowledge that We shall have a worldwide, perpetual, irrevocable, royalty-free right to use such Creative Materials for any purpose whatsoever, commercial or otherwise, without compensation to You or to the provider of such Creative Materials.

OWNERSHIP OF CONTENT AND TRADEMARKS

All content, trademarks, service marks, and logos appearing on this Site are Our property or the property of Our licensors, partners or content providers and these parties retain all rights with respect to any of their respective content, trademarks, service marks or logos appearing on this Site. You agree not to reproduce, transmit, publish or distribute such Site content to any third party without Our prior written consent (or the prior written consent of the applicable owner of the content) except that You may print out one copy of the content solely for Your personal use. In doing so, You agree not to remove or alter, or cause to be removed or altered, any copyright notice, trademark, trade name, service mark, or any other proprietary notice or legend.

CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES

We provide Rules of Participation for certain activities on this Site including, without limitation, contests and sweepstakes. These Terms of Use are incorporated by reference into the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms of Use and specific Rules of Participation, the Rules of Participation for the activity in which You choose to participate shall govern.

THIRD PARTY HYPERLINKS

This Site may contain hyperlinks to Web sites operated by third parties other than Us ("Third Party Sites"). We are not responsible for and do not endorse the content, opinions and views expressed and contained on any Third Party Sites. We do not control such Third Party Sites and do not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained on any Third Party Sites. Furthermore, We are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised on any Third Party Sites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Us, our affiliates, and their respective officers, directors, employees, agents, licensors, representatives, partners and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by You and any claims brought by third parties arising out of Your use of the Site or the information accessed from the Site.

MONITORING

B&GCA reserves the right to monitor use of this Site to determine compliance with these Terms of Use, but has no obligation to do so, and reserves the right to remove or refuse any information for any reason. Notwithstanding these rights, You remain solely responsible for the content of Your postings.

MISCELLANEOUS

If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be deemed modified to the minimal extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. These Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Georgia without regard to its conflicts of law principles. Any action or proceedings brought by You against Us shall be brought exclusively in the United States District Court for the Northern District of Georgia or in the state or superior courts of the State of Georgia, located in Atlanta, Georgia and You hereby accept and submit to the jurisdiction of each of the above mentioned courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by Us against You.

Last updated: 01/23/03