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Girls Incorporated of Alameda County (“Girls, Inc.”)
Terms Of Use

 

Effective Date February 07, 2025

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Welcome to Girls Incorporated of Alameda County’s (“Girls, Inc.”) Web Site (“Site”). Please review the following basic terms that govern your use of our Site. By accessing or using this Site, you acknowledge that you have read, understood, and agree to comply with and be bound by the following terms and conditions of use (the “Terms”). This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which you may use this Site. If you do not accept this Agreement (and therefore do not agree to be bound by this Agreement), do not use this Site. We reserve the right to amend this Agreement at any time by posting the amended terms and conditions on our Site.

 

BY CLICKING ACCESSING AND USING THE SITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE. 

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  1. LICENSE GRANT.
    Subject to these Terms, Girls, Inc. grants you a limited, non-exclusive, and nontransferable license to:

    1.  access and use the Site for your personal, non-commercial use; and

    2. access, stream, download, and use content, material, information, or documentation made available in or otherwise accessible through the Site, strictly in accordance with this these Terms.
       

  2. RESTRICTIONS.
    Except as may be expressly permitted by applicable law or expressly authorized by or through the Site, you shall not: 

    1. copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site;

    2. reverse engineer, disassemble, decompile, or otherwise attempt to decode the Site or any part thereof;

    3. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, including any copy thereof;

    4. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason;

    5. use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

    6. use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without Girl, Inc.'s prior written consent;

    7. frame, mirror, or otherwise incorporate the Site or any portion of the Site as part of any other mobile application, website, or service;

    8. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site; 

    9. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site.
       

  3. RESERVATION OF RIGHTS.
    You do not acquire any ownership interest in the Site under these Terms, or any other rights thereto other than to use the Site in accordance with these Terms. Girls, Inc. and its service providers reserve and shall retain their entire right, title, and interest in and to the Site, including all patents, copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
     

  4. COLLECTION AND USE OF YOUR INFORMATION.
    You acknowledge that when you access and/or use the Site, Girls, Inc. may use automatic means to collect information about your use of the Site. You also may be required to provide certain information about yourself as a condition to downloading, installing, accessing, and/or using the Site or certain of its features or functionality, and the Site may provide you with opportunities to share information about yourself with others including personally identifiable information, highly sensitive information, and personal health information. All information we collect through or in connection with this Site is subject to our Privacy Policy. By using and providing information to or through this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
     

  5. GEOGRAPHIC RESTRICTIONS.
    The Site is based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access the Site outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws.
     

  6. UPDATES.
    Girls, Inc. may from time to time in its sole discretion develop and provide Site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Girls, Inc. has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. 
     

  7. THIRD-PARTY MATERIALS.
    The Site may display, include, or make available other third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Materials"). You acknowledge and agree that Girls, Inc. is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
     

  8. TERM AND TERMINATION.

    1. The term these Terms commence is when you first access or use the Site, or when you first acknowledge your acceptance of these Terms and will continue in effect until terminated by you or Girls, Inc. as set forth in this  8 .

    2. Girls, Inc. may terminate this agreement at any time without notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.

    3. Upon termination:

      1. all rights granted to you under these Terms will also terminate; and

      2. you must cease all use of the Site.

    4. Termination will not limit any of Girl Inc.'s rights or remedies at law or in equity.
       

  9. DISCLAIMER OF WARRANTIES.
    THE SITE IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GIRLS, INC., ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GIRLS, INC. PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 
     

  10. LIMITATION OF LIABILITY.
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIRLS, INC. OR ANY OF ITS SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE FOR:

    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

    2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $100. 
       

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR GIRLS, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 
 

  1. INDEMNIFICATION.
    You agree to indemnify, defend, and hold harmless Girls, Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Site or your breach of these Terms, including but not limited to the content you submit or make available through this Site.
     

  2. SEVERABILITY.
    If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
     

  3. GOVERNING LAW.
    These Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Alameda County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 
     

  4. COPYRIGHT COMPLAINTS.
    The designated agent to receive notification of claimed infringement under the Digital Millennium Copyrights Act is complaints@girlsinc-alameda.org.
     

  5. ENTIRE AGREEMENT.
    These Terms and our Privacy Policy constitute the entire agreement between you and Girls, Inc. with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site. 
     

  6. WAIVER.
    No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.  

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