Website Use Terms and Conditions
Last Updated 05/02/2002
USER AGREEMENT: TERMS AND CONDITIONS
The use of this site is governed by
this User Agreement (“Agreement”), including the general disclaimers and
privacy policy, set forth below. Please read it carefully. By accessing or using
this Website, you agree to these Terms and Conditions. If
you do not agree to these Terms, you should exit this Website now.
City of Chicopee
Municipal Lighting Plant (“CMLP”) may, in its sole discretion, update
this Agreement at any time, by posting additional or amended Terms on the
Website. The revised or amended Agreement shall be effective upon posting. Any
access to or use of the Website following such update constitutes an agreement
to such updated Terms. Visitors and Parties are therefore encouraged to refer
back to this page regularly. This Agreement may not be otherwise amended without
the written consent of CMLP.
GENERAL DISCLAIMERS
Content
The Content of the
CMLP Website is provided for informational purposes only. The authors providing
the information believe it to be accurate. We do not guarantee the accuracy or
completeness of any information on this Website. The information is provided in
summary form and is general in nature. In some instances, the information
provided in this area may represent opinion or judgment. CMLP, the authors and
the information providers will not be responsible for any errors or omissions or
for any results obtained by the use of this information. In addition, neither
CMLP nor the authors shall be liable to any person or entity for any losses or
damages in any way related to the use of or reference to the information
contained on this Website. You
will indemnify, defend and hold harmless the owners of CMLP Website, CMLP, the
City of Chicopee and the authors or information providers from all damages and
liabilities, including without limitation attorney's fees and costs, that arise
out of or relate to your use or application of the information included or
contained on this Website.
Use of Website and Website Information
The Content of the CMLP
Website, such as text, graphics, images, hidden code, and other material
including software licensed by CMLP to permit users to access the CMLP Website,
is protected by copyright under both the United States and foreign laws, and
title to the Content shall not pass to you or any other user. You agree that the
owners of the CMLP Website exclusively own the Content and all worldwide
intellectual property rights related thereto. Unauthorized use of the Content
may violate copyright, trademark, patent or other laws. You agree you will not
reverse-engineer, disassemble, decompile, reproduce, transcribe, store in a
retrieval system, translate into any language or computer language, re-transmit
in any form or by any means (electronic, mechanical, photo reproduction,
recordation or otherwise), resell or redistribute the Content or attempt to
derive any source code from the Content without our prior written consent. You
may reproduce a single copy of the Content for personal use only, provided that
the copy contains a copyright notice as follows: “All Pages Are Copyright of
City of Chicopee Municipal Lighting Plant 2000-2002. All Rights Reserved.”
Use of Website and Website Information
CMLP makes every effort to ensure, but cannot and does not guarantee, and makes no
warranties as to, the accuracy, accessibility, integrity and timeliness of this
information. CMLP
provides the information on this Website "as is," without warranty of
any kind, either expressed or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose, and/or
non-infringement of the intellectual property rights of others. CMLP
assumes no liability or responsibility for any errors or omissions in the
Content of this Website and further disclaims any liability of any nature for
any loss howsoever caused in connection with using this Website. CMLP may make
changes to these materials at any time without notice. Hyperlinks to other websites are provided as a convenience only, and
imply neither responsibility for, nor approval of, the information contained in
those other websites on the part of CMLP. CMLP makes no warranty, either
express or implied, as to the accuracy, availability, reliability or content of
such information, text, graphics and hyperlinks. CMLP has not tested any
software located on other sites and does not make any representations as to the
quality, safety, reliability or suitability of such software. While CMLP makes every effort to ensure that any software available
to be downloaded from CMLP Website is free of any software virus, it
cannot guarantee that the material is free from any or all software viruses.
CMLP is not responsible for any loss or damage howsoever caused by the software
and related codes, including viruses and worms.
PRIVACY POLICY: INFORMATION COLLECTION AND USE
General
Visitors and Parties understand and agree that CMLP may
collect, maintain, and process information provided by them to CMLP.
Public Areas of the Website
Visitors and Parties may visit the public areas of the
Website without disclosing any personal information about themselves. However,
Visitors will have the opportunity to request or receive information from CMLP,
in which case an e-mail or other address or contact information may be required
in order to allow CMLP to comply with the request, and for other purposes as may
be disclosed at the time the request is made.
Usage Data
CMLP may record and collect information about how Visitors
and Parties use the Website. This data may include a Visitor's or Party's domain
name, language, type of browser and operating system, Internet Service Provider,
Internet protocol (IP) address, the Web site from which they arrived at the
Website, the amount of time spent on the Website and the ways in which they use
the Website (collectively, "Usage Data"). CMLP may monitor and use
Usage Data in aggregated form to measure the Website's and other CMLP
services’ performance and activity and improve the Website's design and
functionality. CMLP may also use Usage Data in aggregated form to develop and
distribute to third parties statistical and other information about how the
Website and CMLP services are used and for other marketing purposes. CMLP may
also disclose aggregate Usage Data to other Visitors and Parties. CMLP may also
use Usage Data in unaggregated form to investigate and prosecute security
violations or to identify the particular Visitor or Party who engaged in
particular transactions.
Cookies
“Cookies” are pieces of information that are placed on a
User’s computer hard drive to enable the individual to more easily communicate
and interact with the Website. CMLP may use cookies to customize your
experience on the Website. CMLP may also use cookies to record how many times a
User has visited our Website and what pages the User has accessed. You may,
however, disallow receiving cookies at any time through your web browser,
although this may affect the usability of the Website. It is not our intention
to use cookies to retrieve information that is unrelated to our Website or your
interaction with our Website.
Linked Sites
CMLP may provide links to third parties' websites ("Linked Sites") from the
Website. Links are provided as a convenience only. Linked Sites are not
necessarily reviewed, controlled or examined by CMLP in any way and CMLP is not
responsible for the privacy policies and practices of any such Linked Sites, or
any additional links contained therein. You are responsible for viewing and
abiding by the privacy statements and user terms posted at the Linked Sites.
These links do not imply the CMLP’s endorsement of or association with the
Linked Sites.
Any dealings with third parties, including advertisers, included within CMLP’s
website, including delivery of and payment of goods and services, and any other
terms, conditions, warranties or representations associated with such dealings
or promotions, are solely between you and the advertiser or other third party.
CMLP shall not be responsible or liable for any part of any such dealings.
Disclosure Pursuant To Law
CMLP may make information concerning Visitors, Parties, the Website, and the uses
thereof, available to law enforcement personnel and agencies as required by law
or in order to enforce the Use Agreement, and may disclose such information if
required by law or a judicial or governmental order or subpoena. Some
information we receive through this Website may be made available to members of
the public under the Public Records Law, Massachusetts General Laws Chapter 66,
Section 10. Where permitted by law, CMLP may also disclose such information to
law enforcement personnel and agencies, or use such information as part of legal
process, in order to protect its property or in furtherance of an investigation
regarding a breach of CMLP’s rules and policies or any unauthorized access to
or use of the Website, or any illegal activities concerning a particular Visitor
or Party.
Consent To Processing
By using or providing information to the Website or CMLP,
Visitors and Parties understand and consent to the collection, processing and
use of such information in the United States and other countries and
territories.
Service Providers
CMLP may utilize third parties to provide or perform certain
services and functions on the Website and services described on the Website.
CMLP will make information concerning Visitors and Parties and their use of the
Website and CMLP services available to these service providers and business
partners, as necessary, to perform these functions and services. The service
providers may be located throughout the world; therefore information relating to
Visitors and Parties may be sent worldwide to countries which have a different
level of privacy protection to the U.S. or a Visitor's or Party's country of
residence.
In the event of a sale, merger, consolidation,
reorganization, liquidation, dissolution, change of control or sale or transfer
of the substantial assets of CMLP, information collected via or stored on the
Website or with CMLP may be sold, assigned or transferred to a party acquiring
all or substantially all of the equity and/or assets of CMLP related to the
Website. CMLP may also transfer such information to its subsidiaries and
affiliates involved in the operation of the Website or CMLP.
Security
CMLP takes seriously the security of your personal information. However, due to the
open communication nature of the Internet, we cannot guarantee that
communications between you and the Website, and the Website and you, or data
stored on the CMLP’s systems, will be free from unauthorized access by third
parties. Please do not send us any information that you do not want to be viewed
by third parties.
GOVERNING LAW
This Agreement shall be construed in
accordance with and governed by the laws of the Commonwealth of Massachusetts. Any provision hereof found to be invalid or prohibited by law shall be
deemed ineffective to the extent of such prohibition without invalidating the
rest of this Agreement. By
accessing and using this Website, you irrevocably consent to the exclusive
jurisdiction and venue of the courts of Hampden County, Massachusetts in all
disputes arising out or relating to your use of the CMLP Website.
CONTACT, QUESTIONS, COMMENTS, COMPLAINTS
If you would like to communicate
with CMLP regarding this User Agreement, privacy issues or have questions,
comments or complaints about this Policy, please forward such communication to CMLP,
subject line: “Website User Agreement”.
Effective date: April 5, 2002
Use of any information
from this site constitutes your acceptance of the above Terms and Conditions. If you are unwilling
to agree to said Terms and Conditions, you may not use the information contained on this site.
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