Terms of Use

Firesteel™ Terms of Use

as of March 2, 2012

Welcome, and thank you for your interest in the Firesteel™ website, a portal to build and sustain citizen advocacy for long-term solutions to critical women services issues in Washington, with a focus on family homelessness. The Firesteel website and all content and services available on or through the Firesteel website (the “Website”) is owned and operated by YWCA Seattle | King | Snohomish (“YWCA SKS”). The Website is provided to you subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Firesteel Privacy Policy. Guidelines (as defined below), procedures, and any future modifications and additions thereto that may be published from time to time on the Website by YWCA SKS (collectively, the “Terms”). Visitors and users of the Website are herein referred to individually as “User” and collectively as “Users”.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE WEBSITE OR ANY SERVICES PROVIDED THROUGH IT.

  1. Eligibility; Registration Information and Password; Access.
    • THE WEBSITE IS AVAILABLE ONLY TO USERS WHO ARE AT LEAST 13 YEARS OLD. THE WEBSITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE WEBSITE BY YWCA SKS. BY USING THE WEBSITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE.
    • You agree that the information you provide to YWCA SKS on your registration for an account with the Website and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You also agree to immediately notify YWCA SKS of any unauthorized uses of your account or if you believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password).
    • YWCA SKS may, now or in the future, permit you to register for an account with or log in to the Website through certain third party social networking services, such as Facebook, Twitter and/or Google (individually, a “Linked Account”). By registering for or logging in to the Website with a Linked Account, you agree that YWCA SKS may access and use any account information from the Linked Account that you have configured to be made available to third parties in this manner, and you agree to the terms of use of the Linked Account regarding your use of the Website via the Linked Account.
    • Subject to your compliance with these Terms, YWCA SKS grants you permission to use the Website, for your personal, non-commercial use, as set forth in these Terms and consistent with the intended uses and features of the Website.
  2. Privacy. Your privacy is very important to YWCA SKS. The Firesteel Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to YWCA SKS’s collection, use, and disclosure of your personal information.
  3. Additional Terms. When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific programs, services, or features which may be posted from time to time (the “Guidelines”). All Guidelines are hereby incorporated by reference into these Terms.
  4. Modification of these Terms. YWCA SKS reserves the right, at its discretion, to modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of such changes constitutes your binding acceptance of these changes. Such modified terms will automatically be effective 30 days after they are initially posted on or through the Website. However, in the event that the changes materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the Website with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified Terms on or through the Website.
  5. Ownership of the Website. The Website is solely and exclusively owned and operated by YWCA SKS. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Website (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submission (as defined below) or other content posted by you, all Materials are the copyrighted property of YWCA SKS or its affiliates and/or third party licensors. Furthermore, all trademarks, service marks, and trade names contained in the Materials are proprietary to YWCA SKS, its affiliates and/or third-party licensors. Your use of the Website does not grant to you ownership of any content, code, data or any part of the Materials you may access on or through the Website. Any commercial or promotional distribution, publishing or exploitation of the Materials is strictly prohibited unless you have received the express prior written permission from YWCA SKS or the otherwise applicable rights holder. YWCA SKS reserves all rights to the Materials not expressly granted in these Terms.
  6. Content Rights. The content available on or through the Website is intended for non-commercial use. All such content, including without limitation articles, stories, photographs, pictures, images, audiovisual works, and any user comments (collectively, the “Content”), is owned or controlled by YWCA SKS, its affiliates or its licensors, and is protected by copyright and other intellectual property laws. Subject to the foregoing and your compliance with the license terms of any applicable rights holder, YWCA SKS authorizes you to download, reproduce (including by making mechanical reproductions), distribute, publicly display, publicly perform, and otherwise exploit any part of the Content solely for non-commercial purposes if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. You are not permitted to copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Website or as otherwise permitted by applicable law.
  7. Prohibited Conduct. BY USING THE WEBSITE YOU PROMISE NOT TO:
    • Harass, threaten, defame, or defraud other Users;
    • Upload or send to other Users any messages or other content that is unlawful or could be deemed by a reasonable person to be pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate;
    • Distribute or upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
    • Delete notices of copyright or other proprietary rights from content available on or through the Website;
    • Use any YWCA SKS logos, graphics, or trademarks as part of any link without YWCA SKS’s express written consent;
    • Make unsolicited offers, advertisements, proposals, or send junk mail to other Users, including without limitation, unsolicited advertising, promotional materials, bulk mailing of commercial advertising, chain mail, and informational announcements;
    • Impersonate another person or access another User's account without that person's or User’s permission;
    • Share YWCA SKS-issued passwords with any third party or encourage any other User to do so;
    • Misrepresent the source, identity, or content of information transmitted via the Website;
    • Collect, or attempt to collect, personal information about other Users without their consent;
    • Use the Website for any illegal purpose or in any illegal manner;
    • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, or features that enforce limitations on the use of the Website;
    • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
    • Modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
    • Upload any executable code, scripts or other data which alters the function, display or content of computer systems or data of YWCA SKS, its licensors or other Users;
    • Use framing techniques to enclose any trademark, logo, or other YWCA SKS content, or use any meta tags or any other “hidden text” utilizing YWCA SKS’s name or trademarks, without YWCA SKS’s express written consent;
    • Deep-link to the Website or to refuse to promptly remove any links that YWCA SKS finds objectionable in its sole discretion.
  8. Payments; Donations.
    • Payment. YWCA SKS may, now or in the future, charge subscription fees for the use of certain features and/or functionality provided on the Website. You agree to pay to YWCA SKS all fees for subscriptions purchased on or through the Website under your account at the then-current rates for such subscriptions (including any applicable taxes).
    • Donations. YWCA SKS may, now or in the future, allow you to make donations or contributions through the Website to YWCA SKS, its affiliate non-profit organizations, or causes and programs advocated by YWCA SKS and/ or its affiliate non-profit organizations. If you make such a donation or contribution, YWCA SKS will bill charges through the payment method specified in your account or as otherwise specified by you, for example a credit card. You authorize such credit card account to pay any amounts so donated or contributed by you, and authorize YWCA SKS to charge all sums described herein to such credit card account. You agree to provide YWCA SKS updated information regarding your credit card account upon YWCA SKS’s request and any time the information earlier provided is no longer valid. From time to time, YWCA SKS may also provide you with links to the websites of third party organizations and/or causes (including YWCA SKS’s affiliate non-profit organizations) that allow you to make donations or contributions to such organizations and/or causes through such third party websites. You acknowledge and agree that any such third party website is a Linked Site (as defined below) and any donations or contributions you make on or through any such third party website will be governed by that website’s terms of use.
  9. User Submissions.
    • General. The Website may allow you and other Users to submit, post, and share content with other Users, which may include without limitation text, photographs, pictures, images, audiovisual works, comments, or any other content submitted by you and other Users on or through the Website (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by YWCA SKS. YWCA SKS does not guarantee anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you post to or through the Website. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not YWCA SKS, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Website.
    • Right to Remove or Edit User Submissions. YWCA SKS makes no representations that it will publish or make available on the Website any User Submissions, and reserves the right (but has no obligation), in its sole discretion, to refuse to allow any User Submissions on the Website, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, YWCA SKS complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see Section 18 below).
    • License Grant by You to YWCA SKS. You retain all your ownership rights in original aspects of your User Submissions. By submitting your User Submissions to YWCA SKS, you hereby grant YWCA SKS and its affiliates, sublicensees, partners, designees, and assignees (collectively, the “YWCA SKS Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof for any purpose whatsoever, including, without limitation, for marketing, promoting, and/or redistributing part or all of the Website (and derivative works thereof), programs offered by YWCA SKS and/or its affiliates, or any bills, issues events or programs of interest to YWCA SKS and/or its affiliates, in any media formats and through any websites, social media networks or media channels now known or hereafter discovered or developed.
    • Limited License Grant to Other Users. By submitting or distributing your User Submissions through the Website, you hereby grant to each User of the Website a non-exclusive license to access or otherwise use your User Submissions for personal, non-commercial use. The foregoing license granted by you terminates as to a specific User Submission once you remove or delete such User Submission from the Website, provided, however, that other Users’ rights to such User Submission arising out of distributions occurring on or prior to deletion of such User Submission from the Website survive any termination or expiration of the license granted in this Section 9.4.
    • User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize YWCA SKS to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by YWCA SKS and these Terms, and to grant the rights and license set forth in Section 9.3, and (ii) your User Submissions, YWCA SKS’s or any YWCA SKS Licensee’s use of such User Submissions pursuant to these Terms, and YWCA SKS’s or any YWCA SKS Licensee’s exercise of the license rights set forth in Section 9.3, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
    • Inaccurate or Offensive User Submissions. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources and that YWCA SKS does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You understand that YWCA SKS cannot, and does not, review all User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST YWCA SKS WITH RESPECT THERETO.
    • Feedback.  If you provide YWCA SKS with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Website (“Feedback”), YWCA SKS shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant YWCA SKS a perpetual, irrevocable, fully paid-up, royalty-free, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
  10. Termination.
    • By YWCA SKS. You agree that YWCA SKS, in its sole discretion and for any or no reason, may terminate these Terms, any account you may have with YWCA SKS, or your use of the Website and remove and discard all or any part of your account or any content uploaded by you, at any time. YWCA SKS may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of these Terms, your access to the Website or any account you may have or portion thereof may be effected without prior notice, and you agree that YWCA SKS will not be liable to you or any third party for any such termination except as described in these Terms. YWCA SKS does not permit copyright infringing activities on or through the Website or otherwise and reserves the right to terminate access to the Website and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies YWCA SKS may have at law or in equity.
    • By you. You may terminate your account, these Terms and your right to use the Website at any time and for any reason or no reason, by contacting YWCA SKS user support at support@firesteelwa.org or by deleting your account. If you terminate these Terms or your account, you will remain obligated to pay all outstanding charges, if any, relating to your use of the Website incurred before termination.
    • Survival. Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5 through 19.
  11. Linked Sites. The Website may include links to other websites or services (“Linked Sites”) solely as a convenience to Users. YWCA SKS does not endorse any such Linked Sites, whether or not owned or operated by an affiliate of YWCA SKS, or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, YWCA SKS makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
  12. Notice. Except as explicitly stated otherwise, any notice required or permitted under these Terms or required by law must be in writing and must be: (i) delivered in person, (ii) sent by first class registered mail, or air mail, as appropriate, or (ii) sent by overnight air courier, in each case properly posted and fully prepaid to the appropriate address as follows: with respect to YWCA SKS and the Website, to 1118 5th Ave, Seattle, WA 98101 and, with respect to you, to the mailing address you provide to YWCA SKS during the registration process. Notices will be deemed given at the time of actual delivery in person, three business days after deposit in the mail as set forth above, or one day after delivery to an overnight air courier service. Alternatively, YWCA SKS may give you legal notice by email to the email address you provide to YWCA SKS during the registration process, or by communicating with you via the Linked Account (if any) you used during the registration process. In that case, notice will be deemed given 24 hours after such email or communication is sent, unless YWCA SKS is notified that such email address or Linked Account is invalid.
    • User Interactions and Disagreements.
    • User Interactions. The Website may allow you to correspond or otherwise interact with other Users who may provide you with information or advice about certain bills, issues, events or programs. You acknowledge that such other Users are not affiliated with, or controlled by, YWCA SKS or its affiliates, and YWCA SKS cannot influence the advice or suggestions provided by them. Your correspondence or interaction with other Users is solely between you and such other Users. YOU AGREE THAT YWCA SKS AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS. Furthermore, if you provide any advice to other Users through the Website, you acknowledge that you are not affiliated with, or controlled or influenced in any way by, YWCA SKS or its affiliates.
    • User Disagreements. You alone are responsible for your involvement and interactions with other Users. YWCA SKS reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release YWCA SKS (and YWCA SKS's affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  13. Disclaimers; No Warranties.
    • UNLESS OTHERWISE EXPRESSLY STATED BY YWCA SKS, THE WEBSITE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YWCA SKS AND ITS AFFILLIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
    • UNLESS OTHERWISE EXPRESSLY STATED BY YWCA SKS, YWCA SKS AND ITS AFFILIATES DO NOT WARRANT THAT THE WEBSITE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    • CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  14. Indemnification; Hold Harmless. You agree to indemnify and hold harmless YWCA SKS and its affiliates from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Website, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. YWCA SKS reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify YWCA SKS, and you agree to cooperate with such defense of these claims.
  15. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
  16. Limitation of Liability and Damages.
    • UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL YWCA SKS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE WEBSITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY LINKED SITES, THE MATERIALS OR CONTENT AVIALABLE ON OR THROUGH THE WEBSITE, OR ANY OTHER INTERACTIONS WITH YWCA SKS, EVEN IF YWCA SKS OR A YWCA SKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YWCA SKS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    • IN NO EVENT WILL YWCA SKS’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’ OR LICENSORS’ LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR SUBSCRIPTION TO THE WEBSITE OR ANY PART THEREOF, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
  17. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at the Website;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit YWCA SKS to locate the material;

(iv) Information reasonably sufficient to permit YWCA SKS to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

YWCA SKS's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Copyright Agent

[dmca agent mailing address]

or by email at [dmca agent email address]

For the avoidance of doubt, only DMCA notices should go to YWCA SKS’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to YWCA SKS at support@firesteelwa.org You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

  1. Dispute Resolution
    • General. Generally, if a dispute arises between you and YWCA SKS, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that the parties will resolve any claim or controversy at law or equity that arises out of these Terms or the Website (a “Claim”) in accordance with one of the subsections below or as you and YWCA SKS otherwise agree in writing. Before resorting to these alternatives, you are strongly encouraged to first contact YWCA SKS directly to seek a resolution.
       
    • Choice of Law; Forum. These Terms shall be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Washington, U.S.A., without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except as specified in Section 19.3, any action arising out of or in connection with these Terms will be heard in the federal, state, or local courts in King County, Washington, and you and YWCA SKS hereby irrevocably consent to the exclusive jurisdiction and venue of these courts.
       
    • Arbitration Option. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any controversy or claim arising out of or relating to the Website or these Terms will be settled by binding arbitration in Seattle, Washington, U.S.A. under the Rules of the American Arbitration Association by an arbitrator appointed in accordance with the Rules.  The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law.  Judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The prevailing party will be entitled to receive from the other party its attorneys' fees and costs incurred in connection with any arbitration.
  2. Miscellaneous.
    • Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect.
    •  Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by YWCA SKS without restriction. Any attempt by a party to transfer its rights, duties, or obligations under these Terms except as expressly provided herein is void.
    •  Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
    •  Entire Agreement. This is the entire agreement between you and YWCA SKS relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by YWCA SKS as set forth in Section 4 above.
    •  Claims. YOU AND YWCA SKS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    •  Disclosures. The Website is offered by YWCA SKS Inc., located at: 1118 5th Ave, Seattle, WA 98101 and email: support@firesteelwa.org
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