Terms of Use

  1. Acceptance of the Terms of Use.

These Terms of Use are entered into by and between you and N.Y.A.C. Athlete’s Fund, Inc. (“Athlete’s Fund”, “we” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.nyacathletesfund.org, including any content, functionality, and services offered on or through www.nyacathletesfund.org (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website.  By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [PRIVACY POLICY], incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Nothing in these Terms of Use modifies or supersedes the Athlete’s Fund’s Certificate of Incorporation, By-Laws, or other governing documents. In the event of any conflict between these Terms of Use and such governing documents, the governing documents shall control.

  1. Changes to the Terms of Use.

The Athlete’s Fund may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective when posted to the Website unless otherwise specified.

Your continued use of the Website following the posting of revised Terms of Use constitutes your acceptance of the changes. You are encouraged to review these Terms of Use periodically for updates.

  1. Accessing the Website.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable for any reason at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain information. 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 in connection with your use of the Website is governed by our Privacy Policy, found at [PRIVACY POLICY] and incorporated herein by reference, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Any information regarding New York Athletic Club (“Club”) or Athlete’s Fund officers, directors, members, committees, governors, employees, event attendees, or other individuals made available through the Website is provided solely for legitimate Athlete’s Fund-related purposes. You may not copy, harvest, scrape, compile, distribute, or otherwise use such information for commercial solicitation, marketing, creation of mailing lists, or any purpose unrelated to Athlete’s Fund activities.

  1. Donations and Payment Processing.

Donations made through the Website may be processed by the Athlete’s Fund, the Club, and/or one or more third-party payment processors. By submitting a donation, you:

  • authorize the Athlete’s Fund (and any applicable third-party processor or the Club, as relevant) to charge the payment method you select in the amount of your donation;
  • represent and warrant that all information you submit is accurate, current, and complete, and that you are authorized to use the selected payment method or your Club house account; and
  • acknowledge that the donation will be processed in accordance with these Terms of Use and the applicable processor’s terms.

All donations are voluntary gifts. Subject to applicable law and any specific designation that the Athlete’s Fund expressly accepts in writing, donations are unrestricted and may be used by the Athlete’s Fund in furtherance of its charitable purposes as determined by its Board of Directors or authorized officers. The Athlete’s Fund retains full control and discretion over donated funds.

Donations are non-refundable except as required by applicable law or as the Athlete’s Fund may determine in its sole discretion. The Athlete’s Fund reserves the right to decline or return any donation at any time.

Contributions to the Athlete’s Fund are tax-deductible to the extent permitted by law. The Athlete’s Fund will provide appropriate written acknowledgments for tax purposes. You are solely responsible for determining the tax treatment of your donation and should consult your own tax advisor. The Athlete’s Fund does not provide tax advice.

Club members may elect to charge a donation to their house account, subject to the Club’s applicable policies and procedures.

  1. Intellectual Property.

The Website and its entire contents, features, and functionality (including, without limitation, Athlete’s Fund publications, software, text, displays, images, photographs, video, audio, and the design, selection, and arrangement thereof), are owned by the Athlete’s Fund, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not modify copies of any materials from the Website, delete or alter any copyright, trademark, or other proprietary rights notices, or access or use any part of the Website or its contents for commercial purposes without the Athlete’s Fund’s prior written consent.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Athlete’s Fund. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  1. Trademarks.

The Athlete’s Fund name, the Athlete’s Fund logo, and all related names, logos, designs, and slogans are trademarks of the Athlete’s Fund or its affiliates or licensors. You may not use such marks without the prior written consent of the Athlete’s Fund. All other names, logos, designs, and slogans on this Website are the trademarks of their respective owners.

  1. Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To harvest, collect, compile, or use information regarding Club or Athlete’s Fund officers, directors, members, committees, governors, employees, or other individuals made available through the Website for commercial solicitation, marketing, creation of mailing lists, or any purpose unrelated to Athlete’s Fund activities.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Athlete’s Fund, an Athlete’s Fund employee, another user, or any other person or entity (including, without limitation, through the use of email addresses, social media accounts, or other identifiers associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Athlete’s Fund or users of the Website or expose them to liability.
  • To use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any user’s access to or use of the Website.
  • To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • To use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • To Use any device, software, or routine that interferes with the proper working of the Website.
  • To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To 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.
  • To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • To otherwise attempt to interfere with the proper working of the Website.
  1. Information and Third-Party Content.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and the Athlete’s Fund is under no obligation to update any such information. The Athlete’s Fund may update, modify, suspend, or discontinue any portion of the Website at any time without notice. Any reliance you place on information made available through the Website is strictly at your own risk.

This Website may include content provided by third parties, including materials provided by users, guest contributors, licensors, or other third parties.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Athlete’s Fund, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Athlete’s Fund.  We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties.

  1. Privacy Policy.

Information collected through the Website is subject to the Privacy Policy [PRIVACY POLICY], which is incorporated into these Terms of Use by reference.

  1. Linking to the Website.

You may link to the Website’s homepage, provided that you do so in a manner that is fair, lawful, and does not damage the Athlete’s Fund’s reputation or suggest any association, approval, or endorsement by the Athlete’s Fund without its prior written consent.

You may not frame, deep link to, or otherwise cause the Website or any portion thereof to be displayed on another website in a manner that misrepresents the source or ownership of the content.

The Athlete’s Fund reserves the right to withdraw permission to link to the Website at any time without notice.

  1. Links from the Website.

The Website may contain links to other sites and resources provided by third parties. Such links are provided for your convenience only.  The Athlete’s Fund has no control over the contents of such sites or resources and is not responsible for the content, terms of use, privacy practices, or policies of any third-party website, or for any loss or damage that may arise from your use thereof.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Disclaimer of Warranties.

You understand that the Athlete’s Fund cannot and does not guarantee or warrant that the Website or any files available for download through the Website will be free of viruses, malicious code, or other harmful components. You are responsible for implementing appropriate safeguards to protect your devices, systems, and data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE ATHLETE’S FUND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, MALICIOUS CODE, DENIAL-OF-SERVICE ATTACKS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL ARISING FROM YOUR USE OF THE WEBSITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR FROM ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER THE ATHLETE’S FUND NOR ANY PERSON ASSOCIATED WITH THE ATHLETE’S FUND MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE. THE ATHLETE’S FUND DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ALL TIMES.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE ATHLETE’S FUND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ATHLETE’S FUND, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification.

You agree to defend, indemnify, and hold harmless the Athlete’s Fund, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your misuse of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

  1. Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising out of or relating thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any court proceeding permitted under these Terms of Use, including any action to compel arbitration or enforce an arbitration award, shall be brought exclusively in the state or federal courts located in New York County, New York, and each party irrevocably submits to the jurisdiction of such courts.  Each party waives any objection to the exercise of jurisdiction by such courts or to venue in such courts.

  1. Arbitration.

Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Website, including any dispute concerning their interpretation, applicability, enforceability, formation, performance, breach, termination, or validity, shall be resolved exclusively by final and binding arbitration on an individual basis and not as a class, collective, representative, or private attorney general action.

The arbitration shall be administered by JAMS and conducted before a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”). A copy of the JAMS Rules may be obtained online at www.jamsadr.com.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any portion of these Terms of Use is void or voidable.

The arbitration shall take place in the Borough of Manhattan, City of New York, New York, unless the parties mutually agree otherwise. The arbitration and any award shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and, to the extent not preempted by federal law, the arbitration laws of the State of New York.

The arbitrator shall have the authority to award any remedy or relief that would otherwise be available in a court of competent jurisdiction. Judgment upon the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction thereof, including the Supreme Court of the State of New York, New York County, or the United States District Court for the Southern District of New York.

The parties shall bear their own attorneys’ fees and costs, except as otherwise provided by applicable law or awarded by the arbitrator.

  1. Waiver and Severability.

No waiver by the Athlete’s Fund of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Athlete’s Fund to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement.

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and the New York Athletic Athlete’s Fund regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the Website. Nothing in these Terms of Use or the Privacy Policy modifies or supersedes the Athlete’s Fund’s Certificate of Incorporation, By-Laws, or other governing documents, all of which shall continue to govern Athlete’s Fund activities to the extent applicable.

  1. Your Comments and Concerns.

This website is operated by: N.Y.A.C. Athlete’s Fund, 180 Central Park South, New York, NY 10019.

All notices of copyright infringement claims, other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:  nyacathletesfund@nyac.org.