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- BILLERICAWORKS! Terms of Service
BILLERICAWORKS! Terms of Service
BILLERICAWORKS! TERMS OF SERVICE
Please read our Terms of Service before using BILLERICAWORKS!.
1. ACCEPTANCE OF TERMS
The Town of Billerica (“Town”) provides BILLERICAWORKS! to you subject to the following Terms of Service Agreement (“Agreement”) which may be updated by the Town from time to time without notice to you. By accessing and using BILLERICAWORKS!, you accept and agree to be bound by the terms and conditions of this Agreement.
2. DESCRIPTION OF BILLERICAWORKS!
BILLERICAWORKS! provides users with an application to report service issues to the Town and check on the status of those requests. It also provides users the opportunity to share those reports (type of request, photo and text) if desired on the application. It allows users the opportunity to view requests submitted by other users who have requested that particular reports be shared. Unless explicitly stated otherwise, any new features that augment or enhance BILLERICAWORKS! are covered by this Agreement.
You are responsible for obtaining access to BILLERICAWORKS!, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are solely responsible for all such fees.
You understand that the technical processing and transmission of the BILLERICAWORKS! services, including your requests, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
If you provide any information that is untrue, inaccurate, offensive, not current or incomplete, or the Town has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, the Town has the right to suspend or terminate your account and refuse any and all current or future use of the BILLERICAWORKS! services (or any portion thereof).
4. TOWN PUBLIC RECORDS POLICY
Registration data as well as service requests you submit using BILLERICAWORKS! are subject to the Massachusetts Public Records Law.
5. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics or other materials ("Content"), whether marked by the user as shared or not, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Town, are entirely responsible for all Content that you submit or otherwise make available via BILLERICAWORKS!. The Town does not control the Content posted via BILLERICAWORKS! and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using BILLERICAWORKS!, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Town be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content submitted or otherwise made available via BILLERICAWORKS!.
The Town is under no obligation to enforce this Agreement on your behalf against another user. While the Town encourages you to let the Town know if you believe another user violated this Agreement, the Town reserves the right to investigate and take appropriate action at the Town’s sole discretion.
You agree to not use BILLERICAWORKS! to:
(a) submit Content that is false or inaccurate.
(b) submit Content that does not generally pertain to the designated topic or theme;
(c) submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or promotes, fosters or perpetuates discrimination on the basis of race, color, gender, gender identity, national origin, religion, ancestry, age, sexual orientation, disability, pregnancy, genetic information, active military status, or any other class protected by state or federal anti-discrimination laws;
(d) harm minors in any way;
(e) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(h) submit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of communication not relevant to specific Town service requests;
(i) submit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) intentionally or unintentionally violate any applicable local, state, national or international law;
(k) “stalk" or otherwise harass another;
(l) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (k) above;
(m) submit material that promotes or advertises a business or commercial enterprise;
(n) submit material that promotes or opposes any person campaigning for election to a political office or any ballot question;
(o) submit material that could compromise the safety or security of the public or public systems; or
(p) submit health, medical or personnel information, or submit information that is not a public record or is otherwise privileged from public disclosure.
You acknowledge that the Town may or may not pre-screen Content that is shared, but that the Town and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via BILLERICAWORKS!. Without limiting the foregoing, the Town and its designees shall have the right to remove any Content that violates this Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that the Town may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service;
(v) protect the rights, property or personal safety of the Town, its users and the public.
You may not attempt to override or circumvent any of the usage rules embedded into BILLERICAWORKS!. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on BILLERICAWORKS!, in whole or in part, is strictly prohibited.
You may not trace any information of any other BILLERICAWORKS! user or visitor or otherwise use BILLERICAWORKS! for the purpose of obtaining information of any other BILLERICAWORKS! user.
You may not modify or create derivative works of BILLERICAWORKS!, decompile or reverse engineer BILLERICAWORKS! or otherwise attempt to create the source code from BILLERICAWORKS!, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of BILLERICAWORKS!.
You may not attempt to gain unauthorized access to BILLERICAWORKS! or the computer systems and networks connected to BILLERICAWORKS! through hacking, password mining, or any other means.
You may not use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of BILLERICAWORKS! or any Town content. You may not access, retrieve or index any portion of BILLERICAWORKS! for purposes of constructing a searchable database of data collected by BILLERICAWORKS!.
You may not release the results of any performance or functional evaluation of BILLERICAWORKS! to any third party without prior written approval of the Town for each such release.
You may not take any action that imposes, or may impose, in the Town’s sole discretion, an unreasonable or disproportionately large load on the Town’s technology infrastructure or otherwise make excessive traffic demands of BILLERICAWORKS!.
6. INTERSTATE NATURE OF COMMUNICATIONS ON BILLERICAWORKS!
When you use the application, you acknowledge that in using BILLERICAWORKS! to send service requests, you will be causing communications to be sent potentially through a variety of networks (Internet service provider, wireless phone network, etc.) As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you agree that use of BILLERICAWORKS! may result in interstate data transmissions.
7. CONTENT SUBMITTED ON BillericaWorks!
With respect to Content you submit on BILLERICAWORKS!, the Town may use, distribute, reproduce, modify, adapt, and publicly display such Content for the purposes of promoting BILLERICAWORKS! or any other Town-related efforts. This right does not terminate.
8. SUBMISSIONS TO THE TOWN
By submitting information, ideas, suggestions, documents, and/or proposals ("Submissions") to the Town through its suggestion or feedback pages, you acknowledge and agree that:
(a) your Submissions do not contain confidential or proprietary information;
(b) the Town is not under any obligation of confidentiality, express or implied, with respect to the Submissions;
(c) the Town shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide;
(d) the Town may have something similar to the Submissions already under consideration or in development;
(e) your Submissions automatically become the property of the Town without any obligation of the Town to you;
(f) you are not entitled to any compensation or reimbursement of any kind from the Town under any circumstances;
(g) your submissions become public records subject to public disclosure.
You agree to the maximum extent permitted by law to indemnify and hold the Town and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims or demands (including reasonable attorneys' fees) made by any third party due to or arising out of:
(a) Content you submit or otherwise make available through BILLERICAWORKS!,
(b) your use of BILLERICAWORKS!,
(c) your connection to BILLERICAWORKS!,
(d) your violation of this Agreement,
(e) your violation of any Rights of another.
10. NO COMMERCIAL REUSE OF BillericaWorks!
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, BILLERICAWORKS!.
11. MODIFICATIONS TO BillericaWorks!
The Town reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, BILLERICAWORKS! (or any part thereof) with or without notice. You agree that the Town shall not be liable to you or to any third party for any modification, suspension or discontinuance of BILLERICAWORKS! (or any part thereof).
You agree that the Town may, without prior notice, immediately terminate, limit your access to or suspend your BILLERICAWORKS! service. Cause for such termination, limitation of access or suspension shall include but not be limited to:
(a) breaches or violations of this Agreement or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) discontinuance or material modification to BILLERICAWORKS! (or any part thereof),
(d) unexpected technical or security issues or problems, (e) extended periods of inactivity,
(f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the Town’s sole discretion and that the Town shall not be liable to you or any third party for any termination of your account, any associated email address, or access to BILLERICAWORKS!.
The Town may provide links to other Internet sites or resources. You acknowledge and agree that the Town is not responsible for the availability or content of such external sites or resources.
BILLERICAWORKS! may facilitate your use of third party services not provided by the Town (“Third Party Services”). The Town makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspects of such Third Party Services. Your use of Third Party Services is solely at your own risk and you are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services. You are solely responsible for any costs or fees associated with use of such Third Party Services.
14. THE TOWN’S PROPRIETARY RIGHTS
You acknowledge and agree that BILLERICAWORKS! contains proprietary and confidential information that is owned by the Town and protected by applicable intellectual property and other laws. You will not use such proprietary information in any way whatsoever except for use of BILLERICAWORKS! in compliance with the provisions of this Agreement.
15. DISCLAIMER OF WARRANTIES
BY YOUR VOLUNTARY USE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF BILLERICAWORKS! IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE TOWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) THE TOWN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:
(i) BILLERICAWORKS! WILL MEET YOUR REQUIREMENTS;
(ii) BILLERICAWORKS! WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BILLERICAWORKS! WILL BE ACCURATE OR RELIABLE;
(iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
(v) BILLERICAWORKS! WILL BE FREE FROM CORRUPTION, VIRUSES, HACKING, OR OTHER SECURITY INTRUSION.15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE TOWN SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM:
(a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(c) ANY CONTENT OBTAINED FROM THE SERVICES;
(d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE TOWN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT THE TOWN IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF BILLERICAWORKS! AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE APPLICATION ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION.
YOU AGREE THAT THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE TOWN AND YOU AND THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND THE TOWN. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY THE TOWN WOULD NOT PROVIDE BILLERICAWORKS! TO YOU.
The Town may provide you with notices regarding BILLERICAWORKS!, including changes to this Agreement, by email, SMS, text message, postings on BILLERICAWORKS!, or any other reasonable means now known or hereafter developed. Notices shall be effective immediately.
Such notices may not be received if you violate this Agreement by accessing the BILLERICAWORKS! in an unauthorized manner. You agree that you will be deemed to have received any and all notices that would have been delivered had you accessed BILLERICAWORKS! in an authorized manner.
You represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to accept and agree to be bound by the terms and provisions of this Agreement.
If you have agreed to allow your minor child, or a child for whom you are legal guardian (“Minor”), to use BILLERICAWORKS!, you agree that you shall be solely responsible for: (a) the online conduct of such Minor, (b) monitoring such Minor’s access to and use of BILLERICAWORKS!, and (3) the consequences of any use of BILLERICAWORKS! by such Minor.
18. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the Commonwealth of Massachusetts without regard to any conflict of law provisions. You agree that any claim or dispute with the Town relating in any way to your use of BILLERICAWORKS! shall be brought exclusively before a state or federal court of competent jurisdiction, and you irrevocably waive any jurisdictional, venue, or inconvenient forum objections to such courts.
This Agreement constitutes the entire agreement between you and the Town with respect to your use of BILLERICAWORKS!, superseding any prior version of this Agreement between you and the Town with respect to BILLERICAWORKS!.
If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement.
The Town’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You agree that any cause of action arising out of or related to your use of BILLERICAWORKS! must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.