THE VILLAGE OF ILION WEBSITE
TERMS OF USE

Thank you for visiting The Village of Ilion (“Village”) website, www.ilionny.com (the “Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you agree to the following terms and conditions (“Terms of Use”). The Village reserves the right to change these Terms of Use at any time without notice to you. You agree that each visit you make to the Site is subject to the current Terms of Use, which may be viewed by clicking on a link at the bottom of any page on the Site. If you do not agree to these Terms of Use, please do not use this Site.

Scope

These Terms of Use apply to your use of the Site. When you leave the Site and go to another website (whether controlled by the Village or by a third party) different terms may apply.

When these Terms of Use refer to us as “we” or “the Village,” we mean the municipality of the Village of Ilion, any and all departments of the Village, Village employees, officers, trustees and agents. We may share information amongst our departments, but such information is always protected under these Terms of Use.

Restrictions on Use

This Site is owned and operated by the Village. Unless otherwise stated, no material from this Site or any other website owned, operated, licensed or controlled by the Village may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the Site materials or use of the Site materials for any other purpose is a violation of the Village’s copyright and/or other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited.

Registration and Privacy

Certain portions of the Site may require you to register and provide certain data. In consideration of use of such portions of the Site, in registering and providing such data, you represent and warrant that: (i) the information about yourself is true, accurate, current and complete (apart from optional items) as required by various registration forms of the Village (“Registration Data”) and (ii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Village has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Village has the right to suspend or terminate your account and refuse any and all current or future use of the Site by you.

All registrations become the exclusive property of the Village. The Village reserves the right to use and reuse for any lawful means all Registration Data and other personally identifiable user information.

Information Submitted to the Site

During a session on the Site, you may affirmatively submit information to the Village by, among other means, electronic mail (“e-mail”), by filling in and submitting an on-line form, or by electing to personalize the Site and use it as a customized portal. Such affirmatively submitted information is stored in a secure environment, and will be used by the Village in furtherance of its duties and/or obligations to its citizenry (i.e., “governmental purposes”).

The governmental purposes to which affirmatively submitted information may be put include, but are not limited to, the following:

  1. Helping the Village respond to a request for information not readily available from the Site;
  2. Investigating a problem reported to the Village via the Site;
  3. Keeping lists of parties interested in some particular issue or facet of Village life about which the Village anticipates issuing further information in the future; and
  4. Disclosure of such information pursuant to a request made under Freedom of Information Law (“FOIL”) or court order, if such information is not protected by federal or state law.

The Village does not rent or sell personally identifiable information (i.e., information such as name, address, phone number, e-mail, etc., that identifies a user as a particular person), nor would the Village exchange or trade such information with third-parties without your explicit permission. The Village does not disclose credit card or other personally identifiable financial information other than as necessary to complete a credit card or other financial transaction, or upon explicit permission from the applicable user.

If a Site user has elected to receive further communication from the Village, the Site will only send information in categories that have been authorized. If the Site sends electronic mail (“e-mail”) to you, such e-mail may not be confidential, and is identical in nature to that information generally available to the public and news media.

Security

In certain instances, you may have the opportunity to receive or create a password to access or submit personally identifiable information. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify the Village of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Village cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

You are responsible for ensuring that no unauthorized person shall have access to your password(s) or account(s). It is your sole responsibility to (1) control the dissemination and use of your passwords; (2) authorize, monitor, and control (a) access to, and (b) use of your account(s) and password(s); (3) promptly inform us if you wish to deactivate a password(s). You grant the Village and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. We cannot and do not assume any responsibility or liability for any information you submit to the Site, or for your or third parties' use or misuse of information transmitted or received using the Site.

Collection of Information by the Site

In order to improve the content and usability of this website, the Village automatically may collect several categories of information from you. This information may include the following:

  1. The apparent Internet Protocol (“IP”) address of your Internet Service Provider (“ISP”) and/or your computer, if your computer has an IP address assigned directly to it.
  2. The apparent Fully Qualified Domain Name (“Domain Name”) of your Internet Service Provider (“ISP”) and/or your computer, if your computer has a domain name assigned directly to it.
  3. The type of browser (such as, for example Netscape, Internet Explorer, Mozilla Firefox, etc.) used and the operating system resident on a user's computer.
  4. The date and time you visited the Site.
  5. The web pages accessed at the Site, as well as any applications used and forms data.
  6. The Uniform Resource Locator (“URL”) of the site which you visited prior to the Site (if detectable), if you did not connect directly to the Site, or use it as a homepage or “Portal.”

The City uses this information to identify Site performance needs; to ensure compatibility with the technology used by the Site’s visitors, and generally to add and improve services offered on the Site. In order to accomplish those goals, from time to time, the Village may conduct statistical analysis of the data it collects.

The Village does not collect data for commercial or marketing purposes, and the Village does not sell, exchange or otherwise distribute the data collected by the Site for commercial or marketing purposes.

Children

No applications on the Site specifically solicit information from minors or seek to determine whether the visitor is a minor. Consequently, because such information will not be identified specifically as being from minors, you should be aware that personally identifiable information submitted to the Site by minors will be subject to being treated in the same manner as information given by an adult and may become subject to FOIL.

The Village strongly believes that parental supervision is an important factor in Internet use by minors. Therefore, the Village asks parents to guide their minor children when children are asked to provide any personal information online. The Village further asks that children ask for and receive their parent's permission before providing any information online.

General Practices

You acknowledge that we may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that materials will be retained by the Site and the maximum disk space that will be allotted on the Village's servers. You acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, without notice.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND THE MATERIAL AND CONTENT ARE PROVIDED “AS IS”. THE VILLAGE, ITS EMPLOYEES, OFFICERS, TRUSTEES, AND AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, THE VILLAGE, ITS EMPLOYEES, OFFICERS, TRUSTEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE MATERIALS, CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.

IN NO EVENT SHALL THE VILLAGE, ITS EMPLOYEES, OFFICERS, TRUSTEES, OR AGENTS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE VILLAGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Nonendorsement

The view and opinions of authors published on the Site do not necessarily reflect those of the Village. Reference to any specific commercial products, processes or services by trade name, trademark, manufacture, or otherwise does not necessarily constitute or imply its endorsement, recommendation or favoring by the Village. Nor shall any information or statements contained in the Site be used for the purposes of advertising or to imply an endorsement or recommendation by the Village.

Links

The Site may provide links to third party websites or resources. Because we have no control over such third party websites or resources, you acknowledge and agree that the Village is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party websites or resources. You further acknowledge and agree that the Village is not responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third party website.

Other

These Terms of Use are governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. If any provision of the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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