WEBSITE PRIVACY POLICY AND TERMS OF USE

EFFECTIVE DATE: April 13, 2017

PRIVACY POLICY

1. INTRODUCTION. Bay City Rowing Club (“us,” “we,” “Company,” or “BCRC”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Company Website (“the Site”) at www.baycityrowing.org and the services provided through the Site (the “Services”). This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. BY USING THE SITE AND OR PURCHASING PRODUCTS VIA THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.

2. NOTICE CONCERNING UNDERAGE USERS. You must be at least sixteen (16) years of age to access our Site and/or purchase products and items from our Site. We do not direct any of our content at persons under 16 years of age.

3. TYPES OF INFORMATION COLLECTED

(3.1) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; and (5) your operating system (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for improving your experience on the Site. We also may use small pieces of information that a website sends to your computer’s hard drive while you are viewing the site (“cookies”). We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Site may not work properly or at all.

(3.2) PERSONAL INFORMATION COLLECTED. In order for you to access certain services and to purchase items and products that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and/or (2) Financial Data (such as your account or credit card number). If you communicate with us via e-mail, or otherwise complete purchase orders, surveys, or any other online forms, any information provided in such communication may be collected as Personal Information. We use commercially reasonable efforts to ensure that the collection of Personal Information is limited to that which is necessary to fulfill the purposes identified in Section 4, below. We will not use your information in a manner different than the purpose for which it is collected, without obtaining your consent prior to such use.

(3.3) CONTACTING BCRC. If you contact us to provide feedback, register a complaint, or ask a question, we will record any Personal Information and other content that you provide in your communication so that we can effectively respond to your communication. Any such contact with BCRC should be made pursuant to Section 9, below.

(3.4) ENFORCEMENT. We may use the information we collect in connection with your use of the Site or Services in order to investigate, enforce, and apply our Terms of Use and Privacy Policy.

4. USES OF INFORMATION COLLECTED

(4.1) COMPANY USE OF INFORMATION. We use Contact Data to contact you when necessary. We will also use Contact Data to send you information about our company or our products or services only if you choose to opt in to receiving such information. We use your Financial Data to bill you for items and products.

(4.2) SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you in the ways described in this Privacy Policy. We do not share Contact Data with other companies for the purposes of sending you information third party products or services. We may, however, share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data, Financial Date, and other Personal Information to carry out their specific business obligations to Company.

5. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Use. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser. We limit the access to your Personal Information to those employees and contractors who need access to perform their job function. If you have any questions about the security on the Site, please contact us at info@baycityrowing.org. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that your Personal Information will never be disclosed in a manner that is inconsistent with this Privacy Policy. YOU HEREBY ACKNOWLEDGE THAT BCRC IS NOT RESPONSIBLE FOR ANY SUCH INADVERTENT DISCLOSURES OR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

6. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may contact us at info@baycityrowing.org.

7. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card or other Financial Data is lost, stolen, or otherwise used without permission. In such an event, we will remove that credit card number from your account and update our records accordingly.

8. PUBLIC INFORMATION. The Site may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We also may make chat rooms, forums, message boards, product review boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

9. METHOD OF CONTACT. If you have a question or concern regarding this Privacy Policy, believe that this Privacy Policy has been violated, you may e-mail BCRC at info@baycityrowing.org. In your correspondence, please describe your question, concern, or complaint in as much detail as possible. We will investigate and respond to you promptly.

10. LINKS. The Site may contain links to third party websites with which we have no affiliation. Except as set forth above, we do not share your Personal Information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

11. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.

TERMS OF USE

INTRODUCTION. This website is provided by Bay City Rowing Club; any trademarks, service marks, trade dress and logos displayed on this site are the registered and common law trademarks of Bay City Rowing Club. By accessing this website, you accept these Terms of Use and agree that your use of this website is subject to applicable law.

USE OF SITE. By entering the website, you confirm that you are at least 16 years of age and, as such, are of sufficient legal age to create binding financial and legal obligations arising from use of the website. By entering any information on the website, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may only use this website to browse the content, make inquiries to Bay City Rowing Club, and order Bay City Rowing Club products, and not for any other purposes. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages.

PROPRIETARY RIGHTS. You acknowledge that the website contains information, software, logos, photographs, video, graphics, audio or other material (the “Content”) that are protected by valid and protected copyrights, trademarks, trade secrets, patents, or other proprietary rights. You also acknowledge that the Content is solely Bay City Rowing Club’s property. You agree to comply with all copyright, trademark and other applicable laws. You may not modify, transmit, sell or transfer any of the Content. You may not reprint, republish, resell, or redistribute the Content, but you may print copies of the Content only if these copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall be liable for any damage resulting from any infringement of copyrights or other proprietary rights. You acknowledge that you have no license or any other proprietary rights to the Content, the trademarks, or any other intellectual property of Bay City Rowing Club. Any communication or material you transmit to the website or to Bay City Rowing Club, whether by electronic mail or otherwise, for any reason, will be treated as non-confidential and non-proprietary. Bay City Rowing Club may use anything that you transmit or post to the website or to Bay City Rowing Club in any manner without credit or compensation.

LINKS TO THIRD PARTY WEBSITE. Bay City Rowing Club may provide links to websites controlled by third parties. Bay City Rowing Club provides these links as a convenience, and the inclusion of any link does not imply Bay City Rowing Club’s endorsement of those websites or any association or affiliation with those websites or their owners. Bay City Rowing Club is not responsible for and does not endorse the content or services on or use of those websites. Bay City Rowing Club makes no representations and assumes no responsibility of any kind related to those websites or your use of or reliance on the content or services of those websites, including without limitation any errors or omissions or any offensive or otherwise objectionable content contained on those websites. You acknowledge and agree that your use of any website accessed from this website is at your own risk.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. THE WEBSITE IS BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. BAY CITY ROWING CLUB DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, OR THAT THE WEBSITE IS ERROR FREE OR FREE OF VIRUSES. BAY CITY ROWING CLUB DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. BAY CITY ROWING CLUB DOES NOT MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR CONTENT OF THE WEBSITE. BAY CITY ROWING CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OR OTHER CONTENT PROVIDED BY BAY CITY ROWING CLUB SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH INFORMATION OR CONTENT. BAY CITY ROWING CLUB SHALL NOT BE RESPONSIBLE FOR ANY LOST OR CORRUPT DATA OR OTHER INFORMATION. IN NO EVENT SHALL BAY CITY ROWING CLUB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS BAY CITY ROWING CLUB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Bay City Rowing Club, its officers, directors, employees, agents, contributors, advertisers, sponsors, investors, and licensors, from any claims, damages and expenses (including, without limitation, attorney’s fees), related to your use of the website or Content, including any breach of the Terms of Use. Bay City Rowing Club shall have the right, at its own expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on Bay City Rowing Club without Bay City Rowing Club’s prior written consent.

TERMINATION. Bay City Rowing Club may terminate your access to the website, or any part of it, at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

MODIFICATION OF TERMS OF USE AND WEBSITE POLICIES. Bay City Rowing Club may modify these Terms of Use or any of its posted website policies, which are hereby incorporated by reference, at any time, and any such modifications shall be effective immediately upon posting. Continued use of the website after any such changes shall constitute consent to such changes.

CONSTRUCTION. In the event that any portion of the Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of Bay City Rowing Club, and the remainder of the Terms of Use shall remain in full force and effect.

NO ASSIGNMENT/IMPLIED WAIVER/MODIFICATION. You may not assign these Terms of Use without Bay City Rowing Club’s prior written consent. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against any user and any user’s respective successors and assigns. Bay City Rowing Club’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Bay City Rowing Club’s right to subsequently enforce such provision or any other provision of these Terms of Use. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use.

APPLICABLE LAW. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, except with regard to its conflicts of law rules. Any action relating to the website or these Terms of Use must be brought in the courts located in Midland, Michigan, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the website or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises, or be barred. Entire Agreement. These Terms of Use constitute the entire agreement of the parties for the website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

RELATIONSHIP OF PARTIES. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bay City Rowing Club as a result of this agreement or your use of the website.

©2017 Bay City Rowing Club

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