Terms of Use for This Site

Last Revised May 28th 2007

This Site is Non Profit and Non Commercial:

This site was created and is maintained by Windham Citizens for Open Government, Windham Township, Bradford County, Pennsylvania.   It is provided without cost and intended primarily for residents of Windham Township and surrounding communities which may benefit from using it.   It is strictly non profit and non commercial.   It was never intended to be used for any commercial or profit activity or purpose whatsoever.   Terms of “we” and “us” as used herein refer exclusively to the Windham Citizens for Open Government.

 

Acceptance of the Terms of Use:

By using this site, you accept and expressly agree to all terms, conditions, notices, disclaimers, limitations, and policies contained or referenced herein.   We reserve the right, at our sole discretion and without notice, to update and revise these Terms of Use.   Your continued use following changes to these Terms constitutes your acceptance of any and all changes, additions and deletions in full.

 

Limitations, Conditions and Rules: 

The Web Master may establish, in his sole discretion, any limitations, conditions and rules concerning the use of this site.   You agree the Web Master has the right to change these general practices and limits at any time, with or without notice.   You acknowledge and agree the Web Master, in his sole discretion, may terminate your ability to use this site for any reason or for no reason, including, without limitation, for violating either the spirit or the letter of this agreement.   You agree that any termination of your access may be immediate and without prior notice.   You further agree the Web Master shall not be liable to you, your organization or any third party for termination of your access to this site or for the removal or discard of any items submitted or posted.

 

User Conduct and Rules:

You are solely liable for your conduct when visiting this site.   You agree:

(a) you will not violate or solicit the violation of any applicable local, state, national or international law, statute, regulation or rule;

(b) you will not infringe on the rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights;

(c) you will not use information or images from this site elsewhere without the expressed, written permission from the Web Master;

(d) you will not attempt to upload, e-mail or otherwise transmit any content whatsoever that is (1) unlawful, threatening, contemptuous, untruthful, abusive, lewd, defamatory, obscene, libelous, or invasive of another person’s privacy; (2) consists of instructional information on illegal activities including but not limited to terrorism, hacking, or cracking; (3) violates or infringes in any way upon the proprietary rights of others, including without limitation, software, music, photographs, text, videos and artwork; (4) constitutes pornography or obscene materials or that violates local, state or national laws; (5) consists of private information of another person such as their addresses, phone number, social security number or credit card number; (6) contains software viruses, Trojan Horses or any other computer codes, files or programs designed to interrupt or limit functionality of any computer software, hardware or telecommunications equipment; or (7) to upload, post or transmit due to contractual or other legal obligations;

(e) you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to this site;

(f) you will not interfere with or attempt to disrupt this site, computer servers or third party sites accessible through this site;

(g) you will not disseminate messages promoting any product, service, web sites, ventures, or promote sites through unsolicited electronic mail to third parties;

(h) you will not use this site for any profit  or commercial activity whatsoever;

(i) you will not harass, offend, threaten, distress or invade the privacy of any individual or entity;

(j) you will not attempt to post or transmit false, immoral, harmful, inappropriate, disorderly or  otherwise illegal messages or information;

(k) you will not attempt to post or transmit any material that infringes upon any third party’s copyright, trademark, patent or other intellectual property right.

 

Modification and Termination of Site Services:

The Web Master has the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site services, in part of in total, with or without notice.   You acknowledge and agree that the Web Master shall not be liable to you, your organization or any third party entity for any modification, suspension or discontinuance of the site or any part thereof or for loss or modification of data which may result from such modification or termination of service.

 

Privacy Policy:

There is no site registration.   We collect no personal information from site users.    We collect e-mail addresses to facilitate future communications.   We do not sell, rent, or lease user e-mail addresses to any third party.

 

Publishing With Attributes:

When this site publishes articles from other sources (e.g., newspapers) we do so with permission and with attributes.  The permission granted to us does not extend to any user and we shall be held harmless for anything taken by users for other purposes without our expressed written permission.

 

Links to Other Sites:

As a courtesy and convenience to our users, this site provides links for several items of general interest and utility to our friends and neighbors.   We do not have any financial or other interest in any of these sites and accrue nothing from your use of them.   We do not endorse any of these sites or the services they may provide.  You agree that any access to these links is provided solely at your risk.   Because we have no control whatsoever of these linked sites, you acknowledge and agree that we are in no way accountable for the content, currency, accuracy or availability of such sites, resources, software, security, virus protection, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.   You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use or reliance or any such content, goods or services on or through any other site or resource.   You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for your violation of third party proprietary rights, copyrights infringements, third party warranties, or for any other requirements these sites may impose on you for their use.

 

Disclaimer of Any and All Warranties:

You expressly understand and agree that: (a) your use of this site is at your sole risk.   The service this site provides is strictly on an “as is” and “as available” basis.   We expressly disclaim all warranties of any kind or type whether expressed or implied, including but not limited to implied warranties or merchant ability, fitness for a particular purpose and non-infringement; (b) we make no warranty that (1) the site service will meet your requirements; (2) the site service will be uninterrupted, timely, secure, or error-free, (3) the information obtained from the use of this site will be accurate and reliable; (4) any materials downloaded or otherwise obtained through the use of this site’s services are obtained and used solely at your risk and discretion.   You will be solely responsible for any damage to your computer system, software, or data loss that may result from download of such materials; (5) no advice or information, whether oral or written, obtained by you through or from this site’s services shall create any warranty whatsoever by us.

 

Limitation of Liability:

You expressly understand and agree we shall not be liable for any direct or indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, good will, use, data or other intangible losses (even if the Web Master has been advised of the possibility of such damages), resulting from (1) the use or inability to use the site’s services, (2) the cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this site and the links to third parties; (3) unauthorized access to or alterations of your transmissions or data; (4) statements or conduct of any type of any third party linked to by this site; or (5) any other matter related to the service.

 

Indemnity:

You agree to indemnify and hold us harmless for any claim or demand, including reasonable attorney fees, made by a third party due to or arising out of content you have submitted, posted or transmitted to this site, your use of the site, your connection to this site, your violation of any laws, local, state, federal or international, or your violations of this agreement or the rights of another person or entity.

 

No Resale, Redistribution or Re Purposing of Service or Content:

You acknowledge and agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of this site, access to this site or any of the contents accessible on or through this site, other than content to which you or your organization hold as intellectual property rights.

 

Submittal by Users:

This site is a non profit and non commercial site.   Any non profit and non commercial organization and any individual not pursuing or endorsing commercial or profit activities or promoting commercial or profit organizations may submit items for consideration subject to the Terms of Use.   Before submitting anything, please review the Terms of Use and Submitting.   Submittals are not limited to organizations or individuals from Windham Township, Bradford County, Pennsylvania.  However, priority considerations for posting shall be afforded to individuals and organizations from Windham Township and surrounding municipalities.

 

We welcome all constructive ideas, feedback, recommendations, and other positive contributions.  Submittals may be text, photos, editorial opinions, or any matter which can be electronically transmitted.   Submittals must be made via electronic means on the site map Contact Us.  Submittals must include sender’s name, complete address and a phone number with each submittal along with your organization’s identification if applicable.  

 

Once submitted, any article, photo, note, editorial, etc. becomes the exclusive property of this site and may be accepted, rejected, edited, modified or held by the Web Master at his sole discretion.  Articles which make any claims whatever must be accompanied with substantial proof of those claims before publication will be considered.   Anonymous articles shall not be accepted.   Once approved for posting, materials shall be the sole responsibility of the individual or organization submitting it.   We shall hold no responsibilities or liabilities for the style, content or accuracy of materials submitted or posted by users.   Nothing submitted by users shall be returned.  

 

Site Contents:

The Web Master has the exclusive right to determine the contents and arrangement of materials posted on this site.   Materials made be added, deleted, and rearranged at his sole discretion.

 

Integration, Severability and Disputes:

These Terms of Use constitute the entire agreement with respect to your access and use of this site.   We may modify these terms at any time.   You may wish to review the Terms of Use periodically but your continued use constitutes your acceptance of the current Terms of Use, including any and all changes and amendments.   Any provision to these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms in that jurisdiction without in any way invalidating the remaining provisions of these Terms.   Disputes under these Terms shall be resolved in the courts of the Commonwealth of Pennsylvania.