MIWC WEBSITE TERMS OF USE

OWNERSHIP OF THE SITE; AGREEMENT TO TERMS OF USE

These Terms of Use (“Terms of Use”) apply to the Mercer Island Women’s Club (MIWC) website located at mercerislandwomensclub.com, and all associated sites linked to mercerislandwomensclub.com, as well as MIWC mobile sites, applications and features (collectively “the Site”). The Site is owned by Mercer Island Women’s Club (“MIWC,” “us,” “we”). Access to and use of the Site is subject to these Terms of Use and all applicable laws.

By accessing, using, or browsing the Site, you (“you,” “User,” or “Users”) agree to be bound by these Terms of Use and accept, without limitation or qualification, these Terms of Use and all terms, policies, guidelines, or other notices incorporated herein by reference, whether you are a member of the public or a member of MIWC. If you do not agree to these Terms of Use, do not use or access this Site. By using this Site, you represent and warrant that you are over the age of 13 (or for non-U.S. users, such older minimum age as may be required by applicable local law) and are lawfully able to accept these Terms of Use. If you are under the required age, you may still use some features of the Site (subject to applicable local non-U.S. law), but only if you have received your parent’s or legal guardian’s consent.

These Terms of Use govern your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with MIWC. Any additional terms that govern certain products and services will be presented in conjunction with those products and services, also see Privacy Policy and Other Terms and Conditions below.

SITE CONTENT

Unless otherwise indicated, all of the content, information design, text, articles, graphics, public service announcements, illustrations, photographs, images, data, video, moving images, sounds, audio, music, software, applications, artwork, user interfaces, trademarks, logos, computer code, features, promotions and forums contained or displayed on this Site and any products and services (collectively “Site Content”), including, but not limited to, the design, structure, expression, “look and feel,” selection and arrangement of such Site Content is owned and/or controlled by MIWC, its licensors, or third-party partners, or used herein with permission and is legally protected, without limitation, under U.S. federal and state, and foreign, laws, regulations, and treaties, including copyright, trademark, patent, moral rights, trade dress, and other laws relating to the protection of intellectual property and unfair competition.

Except as otherwise set forth in these Terms of Use, a User of this Site may download or print a single copy of any applicable Site Content for personal, noncommercial informational use, provided the User does not a) remove any trademark, copyright, or other notice contained therein and b) copy or post such Content on any networked computer. No use of Site Content in a publication or for commercial purposes is permitted without the prior written permission of MIWC; please contact president@mercerislandwomensclub.com  for requesting permission.

PRIVACY POLICY AND OTHER TERMS AND CONDITIONS

MIWC is committed to protecting your privacy. MIWC Privacy Policy applies to use of this Site, and its terms are incorporated into these Terms of Use by reference. By using this Site, you acknowledge and agree that any messages or information you post or send to this Site may be read or intercepted by others, as the Internet is never completely private or secure.

Both the Privacy Policy and the Terms of Use policy may be changed from time to time and such changes are effective immediately upon posting. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, including for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that specific portion of the Site or product or service.

LINKING POLICY

MIWC welcomes other Mercer Island community organizations to link to this Site. Links may resolve to the home page, www.mercerislandwomensclub.com, or to specific pages within this Site. Direct linking to individual files (i.e., images, multimedia files, etc.) is not permitted. You may not use the MIWC logo, other proprietary MIWC content, or Site Content to link to this Site. Links to this Site should not assert or imply an endorsement by or affiliation with MIWC.

THIRD-PARTY WEBSITES AND CONTENT

This Site may contain links to third-party websites, including social networking websites in which MIWC maintains a profile (“Linked Site”). MIWC makes no claim or representations regarding and accepts no responsibility directly or indirectly for the security, quality, content, nature, or reliability of any Linked Site. The Linked Sites are not under the control of MIWC, and MIWC is not responsible for and does not endorse the content of any Linked Site. MIWC is providing these links to you only as a convenience. You should review any terms and policies of any Linked Site before interacting with the Linked Site.

THIRD PARTY CONTENT

This Site contains facts, advice, reviews, opinions, statements, advertisements and recommendations of third-party individuals and organizations (collectively, “Third-Party Materials”). MIWC is not responsible for or does not endorse the parties posting the Third-Party Materials or the accuracy, availability, timeliness, or reliability of any of the Third-Party Materials. Any reliance upon any Third-Party Materials is at your sole risk.

RI MOBILE SERVICES AND APPLICATIONS

This Site and some of the features and Site Content available on this Site, including applications and services, may be available via a mobile phone, including, but without limitation, the ability to browse Site and upload content from Site or to Site via your mobile phone or to use your mobile phone to make a payment to MIWC (“Mobile Services”). You acknowledge that you are responsible for all charges and necessary permissions related to these Mobile Services and accessing the Site through your mobile access provider. By using the Mobile Services, you agree that MIWC may communicate with you through text message or other electronic means via your mobile phone/device and that certain information about you including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing MIWC plugins that load in your browser may be communicated to MIWC.

IDEA SUBMISSION

Please do not submit any unsolicited ideas and original creative works in any form to MIWC through the Site. If you do submit ideas, the following terms shall apply to your submissions: (a) MIWC is not under any obligation of confidentiality, express or implied; (b) MIWC may have similar ideas already under consideration or in development; and (c) MIWC may use or exploit your ideas without any compensation or reimbursement to you. MIWC welcomes your feedback, but do not include any ideas confidential or proprietary information in your feedback.

CONTESTS AND PROMOTIONS

MIWC may conduct promotions on or through the Site, including, without limitation, auctions, contests, promotions, and sweepstakes (collectively “Promotions”). Promotions may have additional terms and rules that will be posted on the Site or otherwise made available to you and will be deemed incorporated into and form part of these Terms of Use. You agree to abide by such terms and rules, including representing that you are of a sufficient legal age to participate in any Promotions.

TRANSACTIONS AND E-COMMERCE

Additional terms and conditions may apply to purchases of goods or services and these terms and conditions are made part of these Terms of Use by this reference. You agree to abide by such terms and conditions, including representing that you are of sufficient legal age to engage in a transaction. . Credit card transactions are often handled by a third-party processing agent, bank, or institution. MIWC cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties. Your participation in any promotions, correspondence, or dealings, including business dealings, with any third party found on or through the Site, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the third party and at your own risk. MIWC shall not be responsible or liable for any part of any such dealings or promotions, including any loss, damage, or other matters of any sort. MIWC may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.

REFUND POLICY

Member Dues are nonrefundable.  Luncheon reservation payments are partially refundable if the reservation is canceled before the reservation deadline for each luncheon.  Normally this is about 2 weeks to 10 days before each event.  See reservation form for specific due date to receive a refund.  Contact treasurer@mercerislandwomensclub.com to request your refund.  The luncheon fee is refundable, but the convenience fee for using a credit card is nonrefundable.  If eligible, you will receive your refund by check.

DISCLAIMER AND LIMITATIONS OF LIABILITY

The materials on this Site are provided solely for educational, humanitarian and promotional purposes. MIWC does not warrant that the Site will meet your requirements or provide specific results, be uninterrupted, timely, secure, or error-free, that defects will be corrected or that the Site, or the server that makes it available, is free of viruses or other harmful components.

USE AND BROWSING OF THIS SITE AND ANY LINKED SITES IS AT YOUR OWN RISK. ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND AND IS SUBJECT TO CHANGE WITHOUT NOTICE. MIWC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING MERCERISLANDWOMENSCLUB.COM, THE CONTENT, ADVERTISING, INFORMATION, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, AND/OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE INFORMATION CONTAINED IN THIS SITE FOR ANY PURPOSE AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR SUCH CONTENT OR SERVICE. MIWC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, INCLUDING ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NONINFRINGEMENT.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL MIWC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR YOUR USE OR YOUR INABILITY TO USE EQUIPMENT OR ACCESS DATA, YOUR LOSS OF DATA, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF INCOME, LOSS OF CONTRIBUTIONS OR PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY LAW, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR PERFORMANCE OF THIS SITE,THE SITE CONTENT, LINKED SITES OR THIRD-PARTY MATERIALS, WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE EVEN IF MIWC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MIWC IS TO DISCONTINUE USING THE SITE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON LIABILITY, THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MIWC, including their respective officers, committee members, contractors, subcontractors, and representatives (“MIWC Indemnitees”) from and against all claims (including, claims of patent, trademark, and copyright infringement), demands, actions, damages, losses, costs, liabilities, expenses (including reasonable attorneys’ fees and other legal expenses), awards, fines, and judgments asserted against or recovered from MIWC Indemnitees due to, arising out of or in connection with your use of the Site and any User Content you post. MIWC shall not be liable in any way for injuries to persons or damages to property incurred or suffered by you or any of your subcontractors, agents, heirs, successors or assigns, or any person related to you in any way.

INTERNATIONAL USERS

This Site is controlled, operated, and administered by MIWC from its headquarters within the United States. You may not use this Site or export the Site Content in violation of U.S. export laws and regulations. If you access this Site from a location outside the United States, you are responsible for compliance with all applicable laws. Although the Site is accessible worldwide, MIWC makes no claim that the Site and the Site Content may be accessed, used, or downloaded outside the United States or are appropriate for use or legal outside the United Sates. If the Site and Site Content are available outside the United States, your access, use, and download thereof and participation in any promotion is at your own risk.

CHANGE IN THE TERMS OF USE

MIWC may change, add, modify or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site. By continuing to use this Site, you agree to any changes in the Terms of Use.

DISCONTINUATION OF SERVICE

MIWC may change, suspend, interrupt, terminate operation or access to, or discontinue the Site or any portion of the Site at any time, without notice, including the availability of Site Content, User Forums and any other services. MIWC may also impose limits on the Site or restrict your access to parts of or the entire Site and Site Content without notice or liability.

VIOLATION OF THESE TERMS OF USE

MIWC reserves the right, without notice and in its sole discretion, to terminate your access to the Site and/or block your access to the Site if we determine that you have violated these Terms of Use or other agreements or terms which may be associated with your use of the Site. In the event of termination of your use of this Site for any reason, you agree that the following provisions of these Terms of Use will survive: limitations on your use of Site Content, copyright complaints, the license(s) you have granted to MIWC, warranties, disclaimers, indemnification, and limitation of liability. If MIWC does take legal action against you as a result of your violation of these Terms of Use, MIWC will be entitled to recover from you all reasonable fees and costs of such action, in addition to any other relief MIWC may have at law or in equity.

GENERAL

The section titles used in these Terms of Use are for convenience and do not have any legal or contractual effect. You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed and construed by and under the laws of the State of Washington, without regard to its conflict of laws’ provisions. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in King County, WA, or the federal courts in King County, WA to resolve any disputes arising under these Terms of Use. Any claims under these Terms of Use must be brought within one (1) year after the cause or action arises, or such claim or cause of action is barred unless not permitted by law.

These Terms of Use contain the complete agreement between you and MIWC with respect to your use of this Site, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. You shall have no rights in or to MIWC’s proprietary property made available to you on the Site. You may not sublicense, assign, or transfer any licenses granted to you by MIWC, and any attempt to sublicense, assign, or transfer shall be null and void. Any failure or delay of MIWC to enforce or exercise any provision of or its rights under these Terms of Use shall not be construed as a waiver of those rights or provisions or a breach of these Terms of Use by MIWC. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. These Terms of Use may not be modified by you in writing or otherwise and any such offer for modification will be rejected. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on Users.

If any questions arise about the meaning or interpretation of this policy, the English-language version of this policy is the official text.

Last updated: July 24, 2015

Copyright © 2015 Mercer Island Women’s Club. All rights reserved.