Welcome to the Town of Tisbury ("Town") information resources and web sites ("Information Resources"), owned and produced by the Town of Tisbury, Massachusetts. The Town makes available a wide variety of products and services subject to these General Terms and Conditions ("Terms and Conditions"). When you are using any service or product of the Town Information Resources that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. Because the Terms and Conditions contain legal obligations, please read them carefully.
By using the Information Resources, you agree, without limitation and qualification, to be bound by and to comply with, these Terms and Conditions.
CONDITIONS AND RESTRICTIONS ON USE
Use of the Information Resources is subject to compliance with these Terms and Conditions. You acknowledge and agree that the Town may terminate your access to the Information Resources should you fail to comply with the Terms and Conditions or take action that the Town deems detrimental to the Information Resources. Any such termination shall be at the Town's sole discretion and may occur without prior notice, or any notice.
To its knowledge, the Town does not collect information about the users that connect to its Information Resources.
DISCLAIMER OF WARRANTIES
The Information Resources are provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, the Town disclaims any warranties for the security, reliability, timeliness, and performance of the Information Resources. To the fullest extent permitted by law, the Town disclaims any liability associated with any information or advice provided through the Information Resources or links ("Links") from the Information Resources.
You expressly understand and agree that the Town disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material on these Information Resources or Links. The Town disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Town disclaims any responsibility or liability for any harm resulting from downloading or accessing information or material through these Information Resources or Links, including without limitation, for harm caused by viruses or similar contamination or destructive features.
You understand and agree that any material downloaded or otherwise obtained through the use of these Information Resources and Links is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download or use of such material.
LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances shall the Town be liable to any user on account of that user's use or misuse of and reliance on the Information Resources, such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if the Town has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance of the Information Resources, from inability to use the Information Resources, or from the interruption, suspension, or termination of the Information Resources (including such damages incurred by third parties). Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or
advertised on the Information Resources or received through any Links provided by the Information Resources. Such limitation shall apply, without limitation, to the cost of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information that appears that appears on, or is linked or related in any way to, the Town. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.
Under no circumstances shall the Town be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, non-performance of third parties, or loss of or fluctuations in environmental factors.
DISCLAIMER REGARDING THIRD PARTY CONTENT
As an information courtesy, the Town offers Links to numerous third party web pages and content available over the Internet. The Town is not responsible for the content of such sites, and in providing the Links, the town does not endorse the content of such web sites, or of their policies or products.
INDEMNITY AND RELEASE
By using the Town Information Resources, you agree to indemnify the Town, officers, or employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Town Information Resources. By using the Town Information Resources, you are hereby agreeing to release the Town, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Information Resources.
COPYRIGHT AND INTELLECTUAL PROPERTY
If noted, the Town holds the copyright for information and publications distributed through the Information Resource. This information is provided for the user's convenience, but may not be duplicated or redistributed without the written permission of the Town. Users are responsible for obtaining permission from all other copyright holders.