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Terms of Use

 

Thank you for visiting the City of Lowell’s website(s) and service(s).  The goal of the City of Lowell website(s) and service(s) is to deliver 24x7 services to the community, encourage user participation in local government, and to help keep you better informed about your City. 

 

Please Read Carefully:

This document contains Terms of Use for the City of Lowell’s website(s) and service(s).  Use of the City of Lowell’s website(s) and service(s) constitutes acceptance of these Terms of Use.  If you do not agree to or understand any or all of these terms, please do not use the City of Lowell’s website(s) and service(s).

 

 

Notice to Users of the City of Lowell Website(s) and Service(s)

Communication(s) made by you or your agent(s), servant(s), or any other representative(s), whether authorized or unauthorized to the City of Lowell, Massachusetts, the Commonwealth of Massachusetts, the owner and/or operator of this website (or service), and/or any other website(s) or service(s) operated by or pursuant to license or agreement by the City of Lowell, Massachusetts shall in no event be deemed to constitute legal, official, or other notice to the City of Lowell or any of its agencies, departments, boards, commissions, advisory bodies, officers, employees, representatives, or agents for any purpose. 

 

Notice to Users of the City of Lowell's Online Bill Payment Service(s)

When engaging in Online Commerce, the completion of a payment transaction is contingent upon several factors: (1) the authorization of payment by all entities involved in the processing of any online transaction including your applicable credit card company or bank; (2) the acceptance of your payment by the relevant governmental authority or other entity you are attempting to pay; and (3) payment of any related online transaction/service-related convenience fees.  If, for any reason whatsoever, your payment is not processed, authorized, or accepted by any tntity involved in the processing of any online transaction, your payment liability shall remain outstanding and unpaid and you may be subject to late fees, interest charges, penalties, shur-off, or other actions where applcable.  All outstanding payment oblications shall remain your sole responsibility.  You understand, accept, and agree to pay to the City and and all fees and/or penalties associated with the submission of any payment transaction that is returned by any bank or other depository financial institution for insufficient funds or any other error on your part.

  

Prohibitions

Attempts to upload information or change information on the City of Lowell’s website(s) or service(s) are strictly prohibited unless specifically authorized in writing by the City of Lowell’s Management Information Services Department (MIS).  This prohibition does not apply to a user’s submission of information via an on-line form created by the City of Lowell for that specific purpose.  Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Infrastructure Protection Act of 1993; information regarding possible violations of law may be provided to law enforcement officials.

 

Restrictions on Use of Materials

This site is operated and maintained by the City of Lowell through its MIS department.  Except as provided herein, commercial use is prohibited; no material or information from this site may be resold, copied, reproduced, republished, uploaded, posted, transmitted, or distributed for commercial use except as expressly authorized within this site, or approved in writing by MIS.  When authorized/approved, all material must include a data source credit prominently displayed (e.g., "Credits: Data supplied by the City of Lowell").  Reasonable copying or printing of this site's contents for individual, non-commercial use is permitted.

 

Copyright Notice

Unless a copyright is indicated, information on the City of Lowell’s website(s) is in the public domain and may be reproduced, published, or otherwise used with the City of Lowell’s permission.  However, it is required that the City of Lowell be cited as the source of the information and that any photo credits, graphics or byline be similarly credited to the photographer, creator, author, or City of Lowell as appropriate. 

If a copyright is indicated on a photo, graphic, or any other material, permission to copy these materials must be obtained directly from the original source.  The City of Lowell is not an authorized agent for material copyrighted by third parties.

Using or modifying this site’s materials and information for commercial or profit making purposes is strictly prohibited and may violate the copyrights and/or other proprietary rights of the City of Lowell or third parties.

The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law.  The City of Lowell respects the intellectual property of others and we ask our users to do the same.  If you believe in good faith that your work has been copied and appears on the City's website(s) or service(s) in a way that constitutes copyright infringement, please contact the City of Lowell’s Designated Agent via certified USPS, and provide the following information for review:

  1. Your address, telephone number and email address.
  2. A description of the copyrighted work that you believe has been infringed.
  3. A description of where the material that you believe is infringed is located on the website(s).
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you, made under the penalty of perjury under the laws of the Commonwealth of Massachusetts, that the above information in your notice to the City of Lowell is accurate and that you are the copyright owner or authorized agent acting on the copyright owner’s behalf.
  6. A clear discription of the course of action you would like taken (e.g., include a "Credit" line).
  7. If you are an authorized agent acting on the copyright owner’s behalf, you must include legal proof of this fact.
  8. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

 

The City of Lowell’s Designated Agent for notice of claims of copyright infringement on the City of Lowell’s website(s) is Mr. Mirán Fernandez.  Mr. Fernandez can be reached by certified USPS mail as follows:

Mr. Mirán Fernandez
City of Lowell, Website Designated Agent
375 Merrimack Street, Room 2
Lowell, MA 01852

The City of Lowell’s Designated Agent will review your notice of claims of copyright infringement and respond within 90 days.

 

Third Party Materials

Some materials and information used on the City of Lowell’s website(s) and service(s) were generated by third parties who have consented to the City’s use or placement of such materials on this site; these materials are owned by those parties.  Use of these third party materials for any purpose is prohibited.  Persons seeking to use or modify third party materials for any purpose should contact the owner of such materials directly.  These materials include icons and graphics used in links to other organizations’ sites, as well as various items of general content.

 

Disclaimer of Endorsement

Reference in this site to any specific commercial product, process, or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by the City of Lowell.  The views and opinions of the authors of documents published on the City of Lowell’s website(s) or service(s) do not necessarily state or reflect the opinion of the City of Lowell, and shall not be used for advertising or product endorsement purposes of any kind.

 

Disclaimer of Content

Materials, data, and information contained on the City of Lowell’s website(s) and service(s) have been compiled from a variety of sources, are provided as a public service, and are intended to provide general guidelines on matters of public interest.  Accordingly, the information on this site is subject to change without notice, and is not intended to serve as legal, accounting, tax, or other advice.  Except for the third party materials described below, the materials and information on this site were generated, compiled, or assembled at public expense and are freely available for non-commercial, non-profit use, provided that the user keeps intact all associated copyright, trademark, and other proprietary notices, crediting materials as appropriate.  The materials and information on this site may not be mirrored on another server without the written permission of MIS, and in some cases, may not function correctly if they are directly linked to.

 

Disclaimer of Hypertext Links

The City of Lowell’s website(s) and service(s) may contain hypertext links to other sites on the Internet, including local/state/federal agencies.  These links are for your convenience; the City of Lowell is not responsible for the content, quality, relevance, timeliness, or accuracy of any off-site materials referenced or linked through the City of Lowell’s website(s) and service(s), or through those links to other websites.  By using the City of Lowell’s website(s) and service(s), the user acknowledges and accepts that the City of Lowell is not responsible for any inaccurate, defamatory, offensive, or illegal materials found on other Internet sites, and that the risk of injury from viewing, hearing, downloading, or storing such materials rests entirely with the user.

Links from the City of Lowell’s website(s) and service(s) to other sites on the Internet do not constitute an endorsement of the City of Lowell, as these links are provided for informational purposes only.  It is the responsibility of the user to evaluate the content, quality, and accuracy of materials or information obtained from the Internet or other websites and services.

 

Disclaimer for Planimetric and Topographical Information

The Planimetric and Topographical information depicted in the City of Lowell’s Geographical Information System (GIS) is intended to provide a geographical representation of real property based on information from various constantly changing sources.  The City of Lowell cannot guarantee the accuracy of the data, and will not under any circumstances accept it to be construed as a legal description of any real property; City departments will not approve applications or make decisions solely based on the merits of this data.  Each user of this data is responsible for determining its suitability for the purpose it is being applied to, and must inquire of the relevant City departments for applicable requirements.  The City of Lowell shall have no liability for the data (or lack thereof), or any decisions made or action taken on the basis and reliance of this data.

 

Disclaimer of Liability

THE CITY OF LOWELL SHALL NOT BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT USE OF THE MATERIALS OR INFORMATION CONTAINED ON ITS WEBSITE(S) AND SERVICE(S) AND ASSUMES NO RESPONSIBILITY FOR ANY USER’S USE OF THEM.  IN NO EVENT SHALL THE CITY OF LOWELL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION OR LOSS OF USE, DATA, OR PROFITS) REGARDLESS OF CAUSE, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS WEBSITE(S) AND SERVICE(S) OF THE MATERIALS AND INFORMATION CONTAINED ON THIS WEBSITE(S) AND SERVICE(S), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Users are encouraged to consult with appropriate and accredited professional advisors for advice concerning specific matters before making any decision, and the City of Lowell disclaims any responsibility for positions taken by individuals or corporations in their individual cases or for any misunderstanding and losses, directly or indirectly, on the part of the users.

 

Disclaimer of Warranties, Accuracy, and Use of Information

THE MATERIALS ON THE CITY OF LOWELL’S WEBSITE(S) AND SERVICE(S) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE TO APPLICABLE LAW, THE CITY OF LOWELL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE TO ANY OF THE MATERIALS PROVIDED ON THE CITY OF LOWELL’S WEBSITE(S) AND SERVICE(S).  THE CITY OF LOWELL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT HOST THE WEBSITE(S) AND SERVICE(S) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE CITY OF LOWELL DOES NOT WARRANT OR MAKE ANY REPRESENTATATIONS REGARDING THE USE OR THE RESULTS FROM THE USE OF THE MATERIALS ON ITS WEBSITE(S) AND SERVICE(S), OR THROUGH LINKS TO OTHER SITES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  THE WEBSITE(S) AND SERVICE(S) USER (NOT THE CITY OF LOWELL) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Changes are made periodically and without notice to City of Lowell documents, data, and information, including municipal codes, charter sections, regulations, guidelines, and schedules.  These changes may or may not be reflected in the materials or information present on the City of Lowell’s website(s) and service(s).  The City of Lowell’s website(s) and service(s) is frequently under development; as a result, materials and information may be deleted, modified, or moved to a different part of the website(s) and service(s) without advance notice.

 

Exception to Disclaimers, if Applicable

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

 

Indemnification

To the extent permitted by applicable law, by using the City of Lowell’s website(s) and service(s) the user agrees to defend, indemnify, and hold harmless, the City of Lowell, its agencies, officers, employees, representatives, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the user’s use of the City of Lowell’s website(s) and service(s) or materials and information contained on the website(s) and service(s), or via link to other websites and services.

 

Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflict of laws.  You agree that any action at law or equity arising out of or relating to these terms shall be filed only in the state or federal court located in Lowell, Massachusetts and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.  If any of these terms or provisions shall be deemed unlawful, void, or for any reason unenforceable, then that term or provision shall be deemed severable from the remaining terms and provisions and shall not affect the validity and enforceability of any remaining terms and provisions.  This is the entire agreement relating to the subject matter herein and shall not be modified except in writing with execution by all authorized parties.

 

Please Read Carefully - Final Notice:

Use of the City of Lowell’s website(s) and service(s) constitutes acceptance of these Terms of Use.  If you do not agree to or understand any or all of these terms, please do not use the City of Lowell’s website(s) and service(s).