Please read the following terms and conditions relating to your use of this website and facilities carefully.
By visiting one of our facilities, using this website or participation in one of our programs you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By visiting one of our facilities, using this website or participation in one of our programs after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not visit one of our facilities, use this website or participation in one of our programs.
Scope of Terms and Conditions
These terms and conditions apply to your use of our facilities, this website and participation in programming. These terms and conditions do not apply to your use of unaffiliated websites or business to which the YMCA of MEWSA links.
Restrictions on Use of Materials
The contents of the YMCA of MEWSA (the website) are protected by copyright and trademark laws, and are the property of the YMCA of MEWSA. Unless we say otherwise, you may access the materials located within the website only for your personal use. This means you may download copies of posted materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the website.
These terms and conditions apply only to the YMCA, and not to the websites of any other companies or organizations, including those to which the website may link. We are not responsible for the availability of any other website to which the website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website's administrator or Webmaster. We reserve the right, however, to rescind any permission granted by us, and to require termination of linking to the website, at our discretion at any time.
The services materials on the website are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that any functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components.
We do not make any representations regarding the use or the results of the use of the services or materials in this website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair or correction to your system.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We do not endorse, warrant or guarantee any products or services offered on the website. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the website, or any products of services provided pursuant to the website, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the website.
No Personal Advice
The information contained in or made available through the website cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the website. We will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Liability and Indemnity
In consideration for being permitted to utilize the facilities, services, and programs of the YMCA of MEWSA, Jewish Community Center of Middlesex County (JCC) or YMCA at the Piscataway Community Center (hereinafter "YPCC) for any purpose, including but not limited to observations of use of facilities or equipment or participation in any program affiliated with the YMCA/JCC/YPCC without respect to location, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating, will inspect and carefully consider each premises and facilities or the affiliated program. It is further warranted that such entry into the YMCA/JCC/YPCC for observation or use of any facilities or equipment or participating in such affiliated program constitutes an acknowledgment that such premises and all facilities and equipment thereon and such affiliated programs have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use or participation.
By participating in the YMCA Nationwide Membership Program, I agree to release the National Council of Young Men's Christian Associations of the United States of America, and its independent and autonomous member associations in the United States and Puerto Rico, from claims of negligence for bodily injury or death in connection with the use of YMCA/JCC/YPCC facilities, and from any liability for other claims, including loss of property, to the fullest extent of the law.
The YMCA/JCC/YPCC conducts regular sex offender screenings on all members, participants, and guests. If a sex offender match occurs, the YMCA/JCC/YPCC reserves the right to cancel membership, end program participation, and remove visitation access.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE YMCA/JCC/YPCC FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN A PROGRAM AFFILIATED WITH THE YPCC WITHOUT RESPECT TO LOCATION, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE THE YMCA/JCC/YPCC, its directors, officers, employees, and agents(hereinafter referred to as releases) from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the premises or any facilities or equipment, therein, or participation in any program affiliated with the YMCA/JCC/YPCC, without respect to location.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in, upon, or about the YMCA/JCC/YPCC premises or in any way observing or using any facilities or equipment of the YMCA/JCC/YPCC or participating in any program affiliated with the YPCC whether caused by the negligence of the releases or otherwise.
THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to negligence of release or otherwise while in, about, or upon the premise of the YMCA/JCC/YPCC and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the YMCA/JCC/YPCC.
User agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of New Jersey and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE USER, VOLUNTARY INITIATED THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
I hereby permit, consent and authorize photographs, videotapes and audio recordings made of me while at the YMCA/JCC/YPCC as an individual or part of a group, with or without text in YMCA/JCC/YPCC publications. I understand that if I do not want my photograph taken or used by the YMCA/JCC/YPCC I must notify the YMCA/JCC/YPCC Director in writing. All still and video photography taken by YMCA/JCC/YPCC staff or agents for the expressed purpose of marketing the YMCA/JCC/YPCC, its programs, or membership is property of the YMCA/JCC/YPCC.
The YMCA/JCC/YPCC does not give credit or refunds if members choose not to use the facility. Membership extensions are granted at the discretion of management with proper medical documentation from a physician. There is a service charge for return checks. Credit card draft accounts must be cancelled by submitting a NOTICE OF CANCELLATION FORM to the Welcome Center. I understand that if my membership lapses for more than 45 days I will be required to pay the Joiner's Fee.
I understand my Membership may be suspended or terminated at the discretion of the staff.
Membership at the YMCA/JCC/YPCC and its facilities agree to abide by all regulations of the center. Falsification of any part of this applicant will result in the loss of my/our membership and forfeiture of all monies paid. Proof of residency, age, employment, and college enrollment is required at the discretion of YMCA/JCC/YPCC management.
We control and operate from our offices in the United States of America. We do not represent those materials on the website are appropriate or available for use in other locations. Persons who choose to access this website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to any principles of conflicts of law. You agree that any action of law or inequity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the New Jersey Arbitration Association.
If any of these terms and conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the website by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe upon another party's copyright to remain on the website. If you believe any materials on the website infringe upon a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
YMCA of MEWSA Association Office
483 Middlesex Avenue
Metuchen, NJ 08854
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.