AGREEMENT BETWEEN
USER AND Bennington Township
The Bennington Township Web Site is
comprised of various Web pages operated by
Bennington Township.
The Bennington Township Web Site is offered
to you conditioned on your acceptance
without modification of the terms,
conditions, and notices contained herein.
Your use of the Bennington Township Web Site
constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF
THESE TERMS OF USE
Bennington Township reserves the right to
change the terms, conditions, and notices
under which the Bennington Township Web Site
is offered, including but not limited to the
charges associated with the use of the
Bennington Township Web Site.
LINKS TO
THIRD PARTY SITES
The Bennington Township Web Site may contain
links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control
of Bennington Township and Bennington
Township is not responsible for the contents
of any Linked Site, including without
limitation any link contained in a Linked
Site, or any changes or updates to a Linked
Site. Bennington Township is not
responsible for web casting or any other form
of transmission received from any Linked
Site. Bennington Township is providing
these links to you only as a convenience,
and the inclusion of any link does not imply
endorsement by Bennington Township of the
site or any association with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the Bennington
Township Web Site, you warrant to Bennington
Township that you will not use the
Bennington Township Web Site for any purpose
that is unlawful or prohibited by these
terms, conditions, and notices. You
may not use the Bennington Township Web Site
in any manner which could damage, disable,
overburden, or impair the Bennington
Township Web Site or interfere with any
other party's use and enjoyment of the
Bennington Township Web Site. You may
not obtain or attempt to obtain any
materials or information through any means
not intentionally made available or provided
for through the Bennington Township Web
Site.
USE OF
COMMUNICATION SERVICES
The Bennington Township Web Site may contain
bulletin board services, chat areas, news
groups, forums, communities, personal web
pages, calendars, and/or other message or
communication facilities designed to enable
you to communicate with the public at large
or with a group (collectively,
"Communication Services"). You agree
to use the Communication Services only to
post, send, and receive messages and
material that are proper and related to the
particular Communication Service. By
way of example, and not as a limitation, you
agree that when using a Communication
Service, you will not:
-
Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights
(such as rights of privacy and
publicity) of others.
-
Publish, post, upload, distribute or
disseminate any inappropriate, profane,
defamatory, infringing, obscene,
indecent or unlawful topic, name,
material or information.
-
Upload files that contain software or
other material protected by intellectual
property laws (or by rights of privacy
of publicity) unless you own or control
the rights thereto or have received all
necessary consents.
-
Upload files that contain viruses,
corrupted files, or any other similar
software or programs that may damage the
operation of another's computer.
-
Advertise or offer to sell or buy any
goods or services for any business
purpose, unless such Communication
Service specifically allows such
messages.
-
Conduct or forward surveys, contests,
pyramid schemes or chain letters.
-
Download any file posted by another user
of a Communication Service that you
know, or reasonably should know, cannot
be legally distributed in such manner.
-
Falsify or delete any author
attributions, legal or other proper
notices or proprietary designations or
labels of the origin or source of
software or other material contained in
a file that is uploaded.
-
Restrict or inhibit any other user from
using and enjoying the Communication
Services.
-
Violate any code of conduct or other
guidelines which may be applicable for
any particular Communication Service.
-
Violate any applicable laws or
regulations.
Bennington Township has no obligation to
monitor the Communication Services.
However, Bennington Township reserves the
right to review materials posted to a
Communication Service and to remove any
materials in its sole discretion.
Bennington Township reserves the right to
terminate your access to any or all of the
Communication Services at any time without
notice for any reason whatsoever.
Bennington Township reserves the right at
all times to disclose any information as
necessary to satisfy any applicable law,
regulation, legal process or governmental
request, or to edit, refuse to post or to
remove any information or materials, in
whole or in part, in Bennington Township's
sole discretion. Bennington Township
is a Michigan municipal corporation.
Always use caution when giving out any
personally identifying information about
yourself or your children in any
Communication Service. Bennington
Township does not control or endorse the
content, messages or information found in
any Communication Service and, therefore,
Bennington Township specifically disclaims
any liability with regard to the
Communication Services and any actions
resulting from your participation in any
Communication Service. Managers and
hosts are not authorized Bennington Township
spokespersons, and their views do not
necessarily reflect those of Bennington
Township.
Materials uploaded to a Communication
Service may be subject to posted limitations
on usage, reproduction and/or dissemination.
You are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED
TO BENNINGTON TOWNSHIP OR POSTED AT ANY
BENNINGTON TOWNSHIP WEB SITE
Bennington Township does not claim ownership
of the materials you provide to Bennington
Township (including feedback and
suggestions) or post, upload, input or
submit to any Bennington Township Web Site
or its associated services (collectively
"Submissions"). However, by posting,
uploading, inputting, providing or
submitting your Submission you are granting
Bennington Township, its affiliated
companies and necessary sub licensees,
permission to use your Submission in
connection with the operation of their
Internet businesses including, without
limitation, the rights to: copy, distribute,
transmit, publicly display, publicly
perform, reproduce, edit, translate and
reformat your Submission; and to publish
your name in connection with your
Submission.
No compensation will be paid with respect to
the use of your Submission, as provided
herein. Bennington Township is under
no obligation to post or use any Submission
you may provide and may remove any
Submission at any time in Bennington
Township's sole discretion.
By posting, uploading, inputting, providing
or submitting your Submission, you warrant
and represent that you own or otherwise
control all of the rights to your Submission
as described in this section including,
without limitation, all the rights necessary
for you to provide, post, upload, input or
submit the Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE BENNINGTON TOWNSHIP WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. BENNINGTON
TOWNSHIP AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE
BENNINGTON TOWNSHIP WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE BENNINGTON TOWNSHIP
WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
BENNINGTON TOWNSHIP AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE BENNINGTON
TOWNSHIP WEB SITE FOR ANY PURPOSE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. BENNINGTON
TOWNSHIP AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL BENNINGTON
TOWNSHIP AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE
BENNINGTON TOWNSHIP WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE BENNINGTON TOWNSHIP
WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE BENNINGTON TOWNSHIP WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE
BENNINGTON TOWNSHIP WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF BENNINGTON
TOWNSHIP OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE BENNINGTON TOWNSHIP WEB
SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE BENNINGTON TOWNSHIP
WEB SITE.
TERMINATION/ACCESS
RESTRICTION
Bennington Township reserves the right, in
its sole discretion, to terminate your
access to the Bennington Township Web Site
and the related services or any portion
thereof at any time, without notice. GENERAL
To the maximum extent permitted by law, this
agreement is governed by the laws of the
State of Michigan, U.S.A. and you hereby
consent to the exclusive jurisdiction and
venue of courts in Shiawassee County,
Michigan, U.S.A. in all disputes arising out
of or relating to the use of the Bennington
Township Web Site. Use of the
Bennington Township Web Site is unauthorized
in any jurisdiction that does not give
effect to all provisions of these terms and
conditions, including without limitation
this paragraph. You agree that no
joint venture, partnership, employment, or
agency relationship exists between you and
Bennington Township as a result of this
agreement or use of the Bennington Township
Web Site. Bennington Township's
performance of this agreement is subject to
existing laws and legal process, and nothing
contained in this agreement is in derogation
of Bennington Township's right to comply
with governmental, court and law enforcement
requests or requirements relating to your
use of the Bennington Township Web Site or
information provided to or gathered by
Bennington Township with respect to such
use.
If any part of this agreement is determined
to be invalid or unenforceable pursuant to
applicable law including, but not limited
to, the warranty disclaimers and liability
limitations set forth above, then the
invalid or unenforceable provision will be
deemed superseded by a valid, enforceable
provision that most closely matches the
intent of the original provision and the
remainder of the agreement shall continue in
effect. Unless otherwise specified
herein, this agreement constitutes the
entire agreement between the user and
Bennington Township with respect to the
Bennington Township Web Site and it
supersedes all prior or contemporaneous
communications and proposals, whether
electronic, oral or written, between the
user and Bennington Township with respect to
the Bennington Township Web Site. A
printed version of this agreement and of any
notice given in electronic form shall be
admissible in judicial or administrative
proceedings based upon or relating to this
agreement to the same extent and subject to
the same conditions as other business
documents and records originally generated
and maintained in printed form. It is
the express wish to the parties that this
agreement and all related documents be drawn
up in English.
COPYRIGHT AND
TRADEMARK NOTICES
All contents of the Bennington Township Web
Site are
Copyright 2006 Bennington Township
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products
mentioned herein may be the trademarks of
their respective owners.
The example companies, organizations,
products, people and events depicted herein
are fictitious. No association with any real
company, organization, product, person, or
event is intended or should be inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed
copyright infringement under United States
copyright law should be sent to Bennington
Township or their designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE PRECEDING
PROCEDURE WILL RECEIVE NO RESPONSE.