1. CYQ OFFERS THE CYQ WEBSITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE CYQ WEBSITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. HOW CYQ MAY MODIFY THIS AGREEMENT
CYQ reserves the right to change the terms, conditions, and notices under which it offers the CYQ websites, including any charges associated with the use of the CYQ websites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any CYQ website. Your continued use of the CYQ websites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any CYQ website may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that CYQ website, including without limitation, particular features or offers. If any terms contained in this agreement conflict with any terms contained within a CYQ website, then the terms in this agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE CYQ WEB SITES
The CYQ website is only for your personal use. You will not use the CYQ website for commercial purposes. You will not use the CYQ website in any way that is unlawful, or harms Central YMCA or CYQ, its affiliates, resellers, distributors, service providers and/or suppliers. CYQ may tell you about certain specific harmful uses in a code of conduct or other notices available through a CYQ website but has no obligation to do so. You may not use the CYQ websites in any way that breaches any code of conduct, policy or other notice applicable to the CYQ websites. Without limiting the generality of this section, you may not use the CYQ website in any manner that could damage, disable, overburden, or impair any CYQ website (or the network(s) connected to any CYQ website) or interfere with any other party's use and enjoyment of the CYQ websites.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY CENTRAL YMCA and/or CYQ PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE CENTRAL YMCA and/or CYQ WEBSITES, EVEN IF SUCH CENTRAL YMCA and/or CYQ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM:
(1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE CENTRAL YMCA WEBSITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CENTRAL YMCA and/or CYQ PARTY WITH RESPECT TO THIS AGREEMENT OR THE CENTRAL YMCA and/or CYQ WEBSITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CENTRAL YMCA WEB and/or CYQ SITES.
11. CHANGES TO THE CENTRAL YMCA WEB and/or CYQ SITES; ADDITIONAL LIABILITY LIMITATION
THE CENTRAL YMCA PARTIES MAY CHANGE THE CENTRAL YMCA WEBSITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the CENTRAL YMCA websites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Central YMCA and persons other than Central YMCA (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY, YOU ACKNOWLEDGE AND AGREE THAT THE CENTRAL YMCA PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT CENTRAL YMCA IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE CENTRAL YMCA WEBSITES, (2) ANY INCOMPATIBILITY BETWEEN THE CENTRAL YMCA WEBSITES AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE CENTRAL YMCA WEBSITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE CENTRAL YMCA WEBSITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
Central YMCA and/or CYQ may terminate this agreement, or terminate or suspend your access to the CENTRAL YMCA and/or CYQ websites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the CENTRAL YMCA websites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE CENTRAL YMCA WEBSITES MAY NOT BE RETRIEVED LATER.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement will continue in effect. Central YMCA and/or CYQ may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or assign, transfer or sublicense your rights, if any, in the CENTRAL YMCA and/or CYQ websites. Except as expressly stated herein, this agreement constitutes the entire agreement between you and Central YMCA and/or CYQ with respect to the CENTRAL YMCA and/or CYQ websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Central YMCA and/or CYQ with respect to the CENTRAL YMCA and/or CYQ websites. The section titles in the agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND CENTRAL YMCA/CYQ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CENTRAL YMCA and/or CYQ WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the CENTRAL YMCA QUALIFICATIONS website(s) are Copyright © 2004 Central YMCA Qualifications, 112 Great Russell Street, London WC1B 3NQ Registered in England and Wales no. 119249. Registered charity no. 213121.