SalineBeGreen Website Terms of Use

Version 3/ 25 /13

            These terms of use are between you and the City of Saline (“City of Saline”, “we”, “us”, and “our”).  This Agreement sets forth the terms and conditions under which we make available www.salinebegreen.com (the “Site”) and its contents.  Amendments to this Agreement will be posted on the Site.  To the maximum extent allowed by law, and except as otherwise expressly provided at the time of such amendment, amendments are effective when posted and your continued use of the Site following the posting of any amendment to this Agreement shall constitute your acceptance thereof.  If you do not agree to the terms of this Agreement or any amendment, do not use the Site. 

Using the Site

            You understand that the Site is directed only to residents of the United States.  Subject to compliance with this Agreement, you have a limited and revocable license to access and use the Site for its intended purpose, which shall be for your personal use and not for any commercial purpose.  You may print copies of Site materials as reasonably necessary for permitted use of the Site, but such copies shall not be distributed to others.  The City of Saline provides this Site for informational purposes only.   

Prohibited Conduct

            You agree not to:

·       Access or attempt to access any information, documents, images, software, or materials (individually and collectively “Materials”) that you are not authorized to access or through any means you are not authorized to access;

·       Disrupt or interfere with the security of, or otherwise cause harm to the Site, or to any Materials, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;

·       Access or use the Site in any manner that could damage, disable, overburden, or impair any server or network used by the City of Saline in connection with the Site;

·       Use any Materials from the Site in any manner that infringes upon any intellectual property rights or other rights of any party;

·       Transmit unsolicited or bulk communications to any email addresses associated with the City of Saline;

·       Post or otherwise submit any software, programs, or files via the Site that are harmful or disruptive of another’s equipment, software, or other property, including any corrupted files, time bombs, Trojan Horses, viruses, or worms;

·       Disrupt, interfere with, or inhibit any other user from using and enjoying the Site or other websites, Materials, or services associated with the City of Saline;

·       Violate any applicable laws or regulations related to the access to or use of the Site, and/or engage in any activity prohibited by this Agreement;

·       Compile, use, download, or otherwise copy any Site Materials (except as expressly permitted by the Agreement), or transmit, provide, or otherwise distribute (whether or not for a fee) such Materials to any third party;

·       Use the Site to engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys, or any other duplicative or unsolicited messages (commercial or otherwise);

·       Use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site;

·       Frame, mirror, or use framing techniques on any part of the Site without the City of Saline’s express prior written consent;

·       make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site Materials, or otherwise scrape, collect, store, or use any Materials, except pursuant to the limited license granted by this Agreement;

·       Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;

·       Remove any trademark, copyright, or other proprietary rights notice from the Site or Materials; and/or

·       Use any City of Saline domain name as a pseudonymous return email address.

Limitation of Liability

            TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CITY OF SALINE, ITS AFFILIATES, EMPLOYEES, DIRECTORS, MEMBERS, OFFICERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, AND SUPPLIERS (COLLECTIVELY, “CITY OF SALINE-RELATED PARTIES”) SHALL NOT BE RESPONSIBLE FOR AND NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS OR DOCUMENTS OR CONDUCTING ANY TRANSACTION THROUGH THE SITE.  ADDITIONALLY, THE TOTAL AGGREGATE AND COMBINED LIABILITY OF THE CITY OF SALINE-RELATED PARTIES SHALL BE LIMITED TO $100.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN.  IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.

Disclaimer of Warranties

            TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION, AND/OR USE OF THE SITE, AND ANY OFFERINGS THEREON, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.  THE CITY OF SALINE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS), OR OTHERWISE MEET YOUR REQUIREMENTS.  IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT.  WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO VIDEOS, USER CONTENT, AND ALL OTHER CONTENT, STATEMENTS, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE.  FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR USER CONTENT WILL BE UNINTERRUPTED, FULLY SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE CITY OF SALINE OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

Disclaimers Relating to Third Party Content and Links to Third Party Sites

            We may display on the Site content, information, advice, instructions, videos, statements, services, products, and other materials from third parties, and links to third-party sites.  Links to third-party sites do not constitute endorsement by the City of Saline or its affiliates of any content of the linked third-party website, and the City of Saline does not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites.  Therefore, neither the City of Saline nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites.  IN NO EVENT WILL THE CITY OF SALINE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY THIRD-PARTY CONTENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED WITHIN A LINKED SITE.

Submissions

            You agree that the City of Saline is free to use any communication, comments, information, ideas, concepts, reviews, techniques, content, or any other material you may send to us, including, without limitation, surveys, responses to questionnaires, or through postings and/or submissions to the Site without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, creating, modifying, or improving the Site and its services.  By submitting any comment or other material to the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of such material or information submitted in any media, software or technology of any kind now existing or developed in the future.  By posting or providing any such material or information, you represent and warranty that public posting and use of such material or information by the City of Saline will not infringe on or violate the rights of any third party. 

Trademarks and Copyrights

            The SalineBeGreen trademark and other marks, logos, and graphics are the City of Saline’s trademark or the trademarks of third-party affiliates, and may not be used without our prior written approval.  Unless otherwise indicated, content included on the Site, including text, images, video, and other material, is owned by the City of Saline.  Unauthorized use of these materials may violate trademark, copyright, patent, or other laws.  You agree not to modify, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such materials except as permitted in the Agreement.    

Notices and Electronic Communications

            Except as explicitly stated otherwise, any notices you send to the City of Saline shall be sent by email and regular mail at the addresses listed below.  You consent to receive notices or other communications from the City of Saline by posting of the notices on the Site or by email address provided by you to us.  You agree that all agreements, notices, disclosures, and other communications that the City of Saline provides to you in accordance with the previous sentence satisfy the legal requirement that such notices be provided in writing.  You agree that a printed version of this Agreement and/or 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. 

Choice of Law/Limitations of Actions

            This Agreement shall be governed and interpreted in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions.  You agree that in any action arising out of this Agreement or relating to the operation of the Site or content appearing therein, you irrevocably submit to the jurisdiction of a state or federal court covering the County of Washtenaw Michigan, and, to the maximum extent permitted by law, agree that those courts shall be the exclusive venues of choice for any such action.

             Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

 Entire Agreement

            This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between you and the City of Saline with respect to the subject matter hereof.

Miscellaneous

            The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.  In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its term as if the invalid or unenforceable provision was not contained therein.  No delay or failure by the City of Saline to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement.  The City of Saline may assign its rights or duties under this Agreement to any party at any time without notice to you.  You may not assign your rights and duties under this Agreement without the prior written consent of the City of Saline.

Digital Millennium Copyright Act Notice Policy

            We respect the intellectual property rights of others, and ask you to do the same.  It is our policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. If you believe that your work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information:  (a) identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by the notice, a representative list of the copyrighted works that you claim have been infringed via the Site; (b) identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Site, such as the URL where such material may be found on the Site); (c) your street or mailing address, telephone number, and, if available, email address; (d) the following affirmation (if true): "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use)."; (e) the following affirmation (if true): "I hereby state that the above information in this notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed."; (f) electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.

Our designated agent for notice of copyright infringement can be reached at

        Chris Shonk
        City of Saline
        100 N Harris St.
        Saline, MI 48176
        734-429-4907
        cshonk@cityofsaline.org