www.celd.com

 

 

 

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.
Transfer of Information
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 webmaster@celd.com, subject line: "Website User Agreement".


Effective date: April 5, 2002