Effective Date: March 4, 2024
PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”). BY CLICKING TO INDICATE THAT YOU AGREE TO THESE TERMS AND/OR ACCESSING OR USING ANY BLYTHE LIONS CLUB MOBILE OR WEB-BASED APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE ANY APP OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS.
These Terms are a legal agreement between Blythe Lions Club, Chapter 2644 (“BLC,” “our” and “we”), and you (also referred to as “your”) that governs the Blythe Lions Club website, mobile app, related documentation, and information and content provided through the application or through www.blythelionsclub.org and any other connected applications (collectively, the “Services”). The Services are designed to connect the community to Blythe Lions Club and other Lions Clubs serving the surrounding communities.
By using the Services, you authorize (i) the collection of information about you, your use of the Services, and any device on which the Services or service-related applications are installed, and (ii) the use, transmission, processing, and storing of information as described in BLC’s Privacy Policy. [https://blythelionsclub.org/privacy-policy]
YOUR ACCOUNT
If you are required to create an account (“Account”) to use certain features of the Services, where applicable, you agree that you will maintain your Account information to ensure that it is always current, complete and accurate. You understand that if you provide untrue, incomplete, misleading or inaccurate information, we have the right to terminate your Account and your use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and any activation codes and passwords. BLC treats access to the Services through your account credentials as authorized by you. BLC may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify BLC using the contact information below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you are solely responsible for any and all data and other fees related to such access and use of the Services.
The Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU ACKNOWLEDGE AND AGREE THAT BLC MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION TO USE THE SERVICES.
We do not guarantee availability of the Services at all times of the day. BLC may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all portions of the Services at any time and without notice. BLC has no obligation to provide access to or support for the Services.
ELIGIBILITY TO ACCESS SERVICES
You must 13 years of age or older to use the Services. By registering for an Account, you certify that you are 13 years of age or older.
CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this page. As we add new features, we may revise or supplement these Terms. BLC reserves the right to change these Terms at any time without notice to you. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at https://www.blythelionsclub.org/terms-of-use. Your continued use of the Services after the effective date of any updated Terms indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you must cancel your Account and stop using the Services.
THIRD PARTY WEBSITES, ADDITIONAL PRODUCTS AND SERVICES
Within the Services you may encounter links or references to third party web sites (“Linked Sites”). BLC does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services in order to use the Services, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).
The Services may use the Google Maps API(s) to provide certain support within the Services. By using the Services, you agree to be bound by Google’s applicable Terms of Service, available at https://developers.google.com/maps/terms.
RESERVATION OF RIGHTS
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the Services other than the right to use the Services in accordance with these Terms. BLC reserves and retains its entire right, title and interest in and to the Services, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.
AVAILABILITY AND SUPPORT
BLC has no obligation to and may not provide support in relation to the Services or your Account. BLC does not guarantee availability of the Services or your Account and your access is permitted only if and when they are available. Your use of the Services and access to your Account may occasionally be restricted for service, upgrades, maintenance, or other reasons.
NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
International Use
If you are not a United States resident and you are accessing the Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
BLC’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and personal data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject BLC or its affiliates to any registration requirement within such jurisdiction or country.
Governing Law
These Terms are governed by the laws of the State of California, without reference to its conflict of laws provisions. Any dispute arising out of or relating to these Terms or your use of the Services will be subject to the exclusive jurisdiction of the federal and state courts in Riverside County, California, other than for actions to enforce any order or judgment entered by such courts. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR MYLION APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
General
You and BLC intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Where these terms are translated into languages other than English for your convenience, the English language version is controlling. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and BLC agree that if any provision is deemed unenforceable, where possible it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely”. BLC may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Services, or under these Terms. If, at any time, BLC fails to respond to a breach of these Terms by you or others, that failure will not waive BLC’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on BLC if it is in writing and signed by BLC. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and BLC with respect to your Account and the Services. Both you and BLC warrant to each other that, in entering these Terms, neither BLC nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and BLC, or BLC’s successors and permitted assigns, will have any right to enforce any of these Terms.
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