TERMS OF USE

Effective Date: September 2, 2026

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Welcome! Thank you for visiting the website (www.kidsclub.org) (the “Website”) of the Boys & Girls Club of San Francisco (“BGCSF”, “we”, “us”, “our”).

Please read these Terms of Use carefully before you start to use the Website. The following Terms of Use, together with any documents they express incorporate by reference (collectively, “Terms”), govern your access to and use of the Website (including, but not limited to, any content, materials, documents, functionality, products and services offered or provided on or through the Website). By accessing or using the Website or its Services in any way, you accept and unconditionally agree to be bound and to abide by these Terms and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms you must not access or use the Website.

If you are under the age of 13, you may not use the Website without Parental or Guardian Guidance and Consent. Please close and exit out of this page if you are under the age of 13.  If you are a parent or guardian and discover that your child under 13 years of age has provided us with Personal Information, please contact us at marketing@kidsclub.org.

We reserve the right to revise, update, suspend, remove, and/or otherwise change all or any portion of these Terms and our Privacy Notice at any time, for any reason in our sole discretion. All changes to these Terms are effective immediately when we post them here on the Website in writing and will apply to all access to and use of the Website and Services. Continued use or access of the Website or any of our Services in any way after a change to the Terms is posted means you agree to all the updated Terms. If you do not want to agree to any revised Terms of Use, you should not continue to access or use the Website.

1. Uses of Our Website and Content

‍Unless otherwise noted, the Website, any and all materials, documents, data, content and information on the Website (including, but not limited to, text, images, illustrations, designs, icons, photographs, video clips and other materials, collectively, the “Content”), and any and all trademarks, trade dress, logos, copyrights and other intellectual property in such Content or otherwise displayed on the Website, are owned, controlled or licensed by BGCSF.

The Website and the Content are intended solely for personal, noncommercial use. BGCSF grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print the Content or pages from the Website, in each case solely for your lawful, personal, noncommercial use in accordance with these Terms. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. Other than the foregoing limited rights expressly granted to you, all rights, title and interest in and to the Website, the Content, and any and all related intellectual property are hereby expressly reserved by BGCSF and its licensors, as applicable.

You hereby expressly agree not to:

• reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Website (in each case unless you receive our permission in advance);
• access, use or interact with the Website or any of the Services, including in connection with creating, accessing, using or interacting with your Account, in a manner that infringes or violates the intellectual property, contractual, publicity, privacy or other rights of anyone else, including BGCSF;
• use any trademark, trade name, trade dress, service mark or logo of BGCSF or any third party that appears on the Website or in any of the Content without the prior written consent of BGCSF or the applicable rightsholder;
• imply or suggest that BGCSF has endorsed or is affiliated with any other websites external to the Website, or display the Website as “framed” within another website;
• use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other person’s use of the Website, including, but not limited to, their ability to engage in real time activities through the Website (if applicable);
• attempt to, in any manner, violate 18 U.S.C. § 1030 of the Computer Fraud and Abuse Act, such as but not limited to, gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Services, the server on which the Website is stored, or any server, computer or database connected to the Website or obtain the password, username, BGCSF address, account, or other security information from any other user;
• use any robot, spider or other automatic device, process or means to access the Website for any purpose, including, but not limited to, monitoring or copying any Content or otherwise engaging in any “web scraping” activity with respect to the Website or any Content;
• use any manual process to monitor or copy any Content or for any other purpose in relation to the Website or any Content (in each case except as expressly permitted by these Terms or unless you receive our permission in advance);
• use any Content in connection with, or to develop or train, any large language model, neural network, or artificial intelligence (including, but not limited to, any form of generative artificial intelligence);
• remove, alter or obscure any copyright or other notices or legends contained in any Content downloaded from the Website, or alter or modify any Content;
• delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website;
• use any device, software or routine that interferes with the proper working of the Website;
• introduce any viruses, trojan horses, worms, time bombs, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• use the Website, or encourage or assist others to use the Website, for any illegal purpose or fraudulent activity or to otherwise violate any law, regulation, rule or the intellectual property or contractual rights of others, to attempt to violate the security of the Website, or to gain access to the identities, information or computers of others through the Website; or
• otherwise attempt to interfere with the proper working of the Website.

BGCSF has the right (but not the obligation) to monitor the Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. At any time, and in our sole discretion, we also may revoke your right to use all or any portion of the Website or the Content. We may investigate any complaint regarding, or suspected violation of, these Terms, and may report any activity relating to the Website or the Content to regulators, law enforcement officials or other persons or entities that we deem appropriate.

2. Links to Other Websites and Third-Party Materials

If the Website contains links to websites, resources or content provided by third parties, such links are provided for your convenience only. These Terms do not apply to or govern the practices of third-party companies or websites that use our products or services, that can be accessed through links contained on our Website, or that we do not own or control. We are not responsible or liable for any linked or referenced websites, for any content on or accessible through such websites, for any products or services offered or provided by third parties, or for the policies and practices followed by any third parties. We encourage you to read the Terms and privacy policies of such third-party companies or websites as their Terms and privacy policies may differ from ours. Our links to other websites or displays of any advertisements or third-party content do not mean we endorse any other company’s or website’s content, products, services, Terms or privacy or information security practices. BGCSF expressly disclaims responsibility for the policies and practices of third-party websites linked to from the Website and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Please note that third parties have contributed materials or portions thereof to the Website. The inclusion of such information does not indicate any approval or endorsement of the views expressed therein. BGCSF expressly disclaims any liability with respect to third-party materials on the Website. However, BGCSF retains the right, which it may or may not exercise in its sole discretion, to review third-party material and to edit or delete any third-party material that BGCSF deems to be false, misleading, derogatory, illegal, offensive, objectionable or otherwise inappropriate.

3. Transmission to and from the Website

Any communication or content that you send to the Website is and will be deemed to be non-confidential as between you and us, and BGCSF will be free to use, modify, reproduce and distribute it for any purpose without compensation to you, so long as we are in accordance with law.

4. Accessing the Website; Account Security

You will use the Website and the Services only for your own personal or business use, not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms and all laws that apply to you. If your use of the Website or any Services is prohibited by applicable laws, then you are not authorized to use the Website or any Services. We cannot and will not be responsible for your using the Website or any Services in a way that breaks the law.

Accessing certain areas or features of the Website may, or may in the future, require you to register or may otherwise ask for your information. You may choose not to provide such information, but your ability to access certain areas or features of the Website may be limited. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

‍In addition, certain areas of the Website may be, or may in the future be, password-protected. You may not attempt to access any password-protected areas of the Website without authorization. If you have been issued a password for the Website, you agree that BGCSF has granted you limited access to specific Content pertaining to products and services relevant to you, and you agree not to attempt to access other Content.

All information that BGCSF provides to Website users supplying a password is confidential and intended solely for the information of its intended recipient.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names and/or security questions and answers relating to any personal account you create on the Website (your “Account”), for logging off your Account and any protected areas of the Website when you finish a session, and for restricting access to your computers and devices. Accordingly, you should protect the confidentiality of your Account, and you agree to notify BGCSF immediately if you become aware of any unauthorized access to, or use of, your user name, password or Account. If you share your user name or password with a third party, you assume all responsibility for all such party’s activity related to the Website, and you agree to accept sole responsibility for any and all activity that occurs under your Account.

Each Account is subject to our approval. We have no obligation to provide Accounts or any products or services to you. We have the right to suspend, disable or terminate any Account at any time in our sole discretion, with or without notice, for any or no reason, including (but not limited to) if, in our opinion, you have violated any provision of these Terms. If your Account is suspended, disabled or terminated, information and content previously provided by you may no longer be accessible through your Account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Website.

5. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that any Content available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BGCSF, NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER BGCSF, NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, NOR ANY RELATED PERSON REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BGCSF, ITS AFFILIATES AND SUBSIDIARIES, AND ALL RELATED PERSONS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BGCSF, ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY RELATED PERSON BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE WEBSITE. THIS IS TRUE EVEN IF BGCSF, ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY RELATED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

FURTHER, THE AGGREGATE LIABILITY OF BGCSF, ITS AFFILIATES AND SUBSIDIARIES, AND ANY RELATED PERSONS IN RELATION TO THESE TERMS WILL NOT IN ANY EVENT EXCEED THE AGGREGATE AMOUNT OF ONE THOUSAND DOLLARS ($1,000.00).

7. Indemnification

You hereby agree to defend, indemnify and hold harmless BGCSF, its affiliates and subsidiaries, and its and their respective Related Persons, licensors, service providers, suppliers, successors and assigns from and against any and all claims, liabilities, damages (actual and consequential, judgments, awards, losses, costs, expenses or fees (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, (b) your use of the Website, including, but not limited to, your user registration and submissions, or your use of the Content or any products or services obtained from or through the Website (other than as expressly authorized in these Terms), (c) the actions or inactions of any third party to whom you grant permissions to use your Account, (d) your violation of applicable laws or regulations, and (e) your gross negligence, willful misconduct, or fraud

8. Dispute Resolution

Governing Law.  All matters relating to the Website, the Content, these Terms, or any action, dispute, proceeding, claim or controversy arising therefrom or related thereto (in each case, including, but not limited to, non-contractual disputes or claims), shall be 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.

Arbitration Procedure.  Any Dispute relating to or arising out of the Website, the Content, these Terms, or any action, dispute, proceeding, claim or controversy arising therefrom or related thereto (in each case, including, but not limited to, non-contractual disputes or claims), shall be resolved by confidential final and binding arbitration by three arbitrators seated in San Francisco, California, administered by and in accordance with the then-existing AMS Comprehensive Arbitration Rules and Procedures. The arbitrators shall be retired federal judges or attorneys with substantial law firm experience, and each side shall be entitled to depose five witnesses plus any experts designated by the opposing side, with further depositions upon a showing of good cause.  Any party may make a motion for summary disposition of a particular claim or issue at any time prior to the commencement of a hearing.  The arbitrators shall be empowered to award all relief available in a court of law under California state law.  Any dispute regarding the scope of the arbitration shall be resolved by the arbitrators.

Waiver of Jury Trial.  You knowingly, voluntarily, and intentionally waive the right to trial by jury in respect of any litigation based on, or arising out of, under or in connection with, these Terms, the Website or the Content. You agree not to participate in a class action for any claims covered by these Terms.

Jurisdiction and Forum.  We and you agree that the state or federal courts in San Francisco, California, shall be the exclusive forum for any action to compel arbitration pursuant to this letter or to confirm or vacate any arbitration award, and you hereby consent to the personal jurisdiction of such courts for purposes of any action to compel arbitration or to confirm or vacate any arbitration award and waive any objection to such court on grounds of improper venue or forum non conveniens in any such action.

9. Miscellaneous

You and BGCSF hereby agree that these Terms are the complete and exclusive statement of the mutual understanding between you and BGCSF, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings, relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of BGCSF, and you do not have any authority of any kind to bind BGCSF in any respect whatsoever. The failure to require performance of any provision of these Terms will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

You may not assign, novate, delegate, or otherwise transfer any rights or obligations under these Terms without BGCSF’s express prior written consent. Any attempted assignment, delegation or transfer in violation hereof will be null and void. We may transfer, assign, or delegate these Terms or our rights or obligations hereunder without your consent.

The failure to require performance of any provision of these Terms shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

In the event of any discrepancy between the English language version of these Terms and any foreign language translation, the English version prevails.  

10. Contact Us

If you have any questions, comments or concerns about these Terms or our Website, please contact us via email at legal@kidsclub.org.