Terms of Use

Town of Danvers Terms of Use

Last updated April 13, 2017

Thank you for visiting the Town of Danvers (“Town”) website located at www.danversma.gov  (collectively the “Site”).   In addition to all applicable laws, your access to and use of the Site is subject to the terms of use set forth herein.  By browsing or using the Site and content and information made available on or through the Site, you agree to be bound by these terms of use and any additional terms that may apply.

The Town wants you to be comfortable using the Site and providing information to the Site.  For more information about the Site’s privacy practices please review the Privacy Policy published on the Site.

Content Notice

The Town operates and maintains the Site as its official website to provide residents, businesses, users and visitors with information about Town programs, services, projects, issues, events and activities.  That information is intended to offer quick, convenient and easy access for those wishing to lean about the Town.  The Site is administered by the Town and its webmaster.  Town staff update the Site regularly and endeavor to ensure the accuracy of the content and information on the Site.  That content and information is provided as a public service and the Town assumes no liability for any inaccuracies contained on the Site.   You may contact the Town at rstein@danversma.gov with any questions about the content and information provided on the Site.

All content and information on the Site including, but not limited to trademarks and logos, design, text, graphics, content, sounds, images, software and other website materials (the “Material”) are the intellectual property of the Town and its licensors, vendors, and affiliates.  The Material is protected by U.S. and foreign intellectual property laws and, except as stated herein, may not be copied, reproduced or distributed in any form without the Town’s prior written permission.

Any material or information that you provide to the Town through the Site shall be considered non-confidential and non-proprietary and the Town shall have no obligations to you relative to that material or information. The Town shall be free to use that material or information for any purpose.

Commercial Use Prohibited

The Site and its contents and information are intended only for individual, non-commercial use.  No user of the Site may modify, distribute, display, publish, license, create derivative works from, transfer, resell, republish, print, download or copy for commercial use any portion of the Site or its contents without permission of the Town.

Use of the Site

You agree to access and use the Site only for lawful purposes.  You are solely responsible for the knowledge of any adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site.  You may not, and are strictly prohibited from, posting or transmitting to or from the Site any threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or result in civil liability.  You are also prohibited from using the Site to: (1) impersonate other individuals or entities, (2) upload any content that contains a virus or any other computer code, file, or program that may alter, damage, or interrupt the Site or the hardware or software of the Town or any person with access to the Site, (3) alter, damage or delete any post on the Site, (4) disrupt the business of the Town or the usual flow of information, (5) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation, (6) post any material that infringes upon  or violates the intellectual property rights of another individual or entity, (7) collect or store personal information about others or (8) commit a crime or encourage others to commit crimes.

Termination of Use

The Town, in its sole discretion, may terminate or suspend your access to and use of the Site without notice and for any reason, including for violation of these terms of use or for other conduct which the Town, in its sole discretion, believes is unlawful or harmful to others or the Town.  The Town reserves the right to use any and all legal means to enforce this provision.

Disclaimer of Warranties

By using the Site you expressly acknowledge, understand and agree that your said use of the Site and any content or information made available or obtained from or through the Site is at your own risk. The content and information made available or obtained from or through the Site, its employees, agents, vendors, officials, departments, divisions, boards, commissions and officers are provided solely as a public service to provide access to public information. The Town endeavors to provide current and accurate content and information on the Site but cannot and does not guarantee the accuracy or currency of any said content or material. The Town provides that content and material “as is” without warranties of any kind, either expressed or implied, including but not limited to, as to merchantability, fitness for a particular purpose, non-infringement of property rights, accuracy, currency, reliability, omissions or completeness.  The Town makes no warranty that use of the Site will operate uninterrupted, be problem-free or free of errors or omissions.

To the extent permitted by law, the Town expressly disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, accuracy and performance of the Site and content and information received or obtained therefrom.   Any person or entity that relies on any content or information obtained from the Site does so at his, her or its own risk.  The Town shall not be liable for any claim for damages, including lost profits, consequential or punitive damages, exemplary, incidental indirect or special damages, relating in any way to your use of the Site or any content or information made available on the Site, including, but not limited to, claims arising out of or related to electronic access, the transmission of data or viruses or other damage to your computer.  You shall be solely responsible for any damage to your computer or any loss of data or other loss that results from your use of the Site or the content and information available on the Site.

Limitation of Liability

In no event shall the Town or its employees, agents, officers, attorneys, contractors, vendors, or officials be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use the Site, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any and all other damages.

Official Notice to the Town

No communications to the Town made through the Site shall constitute legal or official notice to the Town, its officers, employees, agents, attorneys, officials, boards or commissions.

Third-Party Sites, Contents and Links

The Site may display third-party content or links to third-party websites.  The Town does not control third-party content or websites and these terms of use do not apply to that content or those websites.  You should review the terms of use of any third-party website before using it.  As consideration for your convenience in making said third-party content and links available or accessible to you, you acknowledge that: (1) the Town does not control third-party web sites and is not responsible for their content and (2) the Town’s inclusion of links to third-party web sites does not imply any endorsement of the entities operating those sites or their produces, materials or services.  The Town disclaims any responsibility for third-party content or websites or loss or damage you experience with said content or sites.   The Town of Danvers currently uses third-party vendors for any payments made online through the Site.

Governing Law

These terms of use and all claims related thereto, their execution or the performance of the parties thereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions.  You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court located in Essex County, Massachusetts or the U.S. District Court for the District of Massachusetts, with respect to such matters.

If for any reason a court of competent jurisdiction finds any provision or portion of these terms of use to be unenforceable, the remainder of the terms of use shall continue in full force and effect.

Changes to these Terms of Use

The Town reserves the right to change these terms of use.  If we make changes, the revised Terms of Use will be posted on the site and be effective upon posting.  Your continued use of the Site following the posting of a revised Terms of Use signifies your acceptance of that revision.

Entire Agreement

These terms of use constitute the entire agreement between you and the Town with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

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