The Springfield Housing Authority website, available at www.shamass.org (hereinafter the “Site”), is comprised of various web pages operated by the Springfield Housing Authority.
The Site is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. Please read these terms carefully, and keep a copy of them for your reference.
Visiting the Site or sending e-mails to Springfield Housing Authority constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Springfield Housing Authority does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Links to Third-Party Sites
The Site contains links to other websites (“Linked Sites”). The Linked Sites are not under the control of Springfield Housing Authority and Springfield Housing Authority 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. Springfield Housing Authority is not responsible for webcasting or any other form of transmission received from any Linked Site. Springfield Housing Authority is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or support for any web page, site, organization, products, policies, services or information and the Springfield Housing Authority makes no representations or warranties concerning such web page or site regarding its content or suitability. The Springfield Housing Authority’s disclaimer of warranties as described herein, shall apply to all links to non- Springfield Housing Authority web sites and pages.
All documents, files or data accessible on or through this Site (this term includes, but is not limited to, this page, linked pages and sub-pages) of the Springfield Housing Authority, are provided solely to facilitate public access to information. The Springfield Housing Authority attempts to provide current and accurate information on the Site but cannot guarantee the accuracy or currency of any materials or information on the Site.
The Springfield Housing Authority does not guarantee or warrant that any information posted by individuals on the website is correct, and disclaims any liability for any loss or damage resulting from reliance on such information. The Springfield Housing Authority may not be able to verify, does not warrant or guarantee, and assumes no liability for anything posted by any other person. The views expressed on the website by non-agency commentators do not necessarily reflect the official views of the Springfield Housing Authority.
Likewise, the Springfield Housing Authority makes no warranty that the materials contained within its site are free from claims, or other restrictions or limitations on free use or display and Springfield Housing Authority disclaims any liability for the improper or incorrect use of information on its site. The Springfield Housing Authority shall not be liable for any claim for damages, including lost profits, consequential or punitive damages, exemplary, incidental, indirect or special damages, relating in any way to the documents, files or other data accessible on or through this web site, including, but not limited to, claims arising out of or related to electronic access or the transmission of data or viruses.
No Unlawful or Prohibited Use
The material on the Site is provided for lawful purposes only. As a condition of your use of the Site, you warrant to Springfield Housing Authority that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the 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 Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, it the property of the Springfield Housing Authority or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained n any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. Springfield Housing Authority content is not for resale. Your use of the websites does not entitle you to make any unauthorized use of the protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use or for responding to requests for bids and will make no other use of the content without the express written permission of the Springfield Housing Authority and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to the intellectual property of the Springfield Housing Authority or licensors except as expressly authorized by these Terms and Conditions.
No Legal or Other Notice
Communications to the Springfield Housing Authority via the Site shall in no way be deemed to constitute legal or official notice to the Springfield Housing Authority, its, departments, board, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against the Springfield Housing Authority or any of its departments, board, officers, employees, representatives or agents where notice is required by federal, state or local law. No communications to the Springfield Housing Authority via the Site shall be deemed to constitute legal or official notice for any purpose.
No Waiver; Law, Regulations and Policies Take Precedence
The content published on the Site is subordinate to, and not to be interpreted as an amendment to or waiver of Federal and State Laws, regulations and policies applicable to the matters addressed in the Site’s content.
For Site security and to ensure that this service remains available to all users, the Springfield Housing Authority computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, deny service, otherwise cause damage, or access non-public information. 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.
MATERIALS PROVIDED TO Springfield Housing Authority OR POSTED AT ANY Springfield Housing Authority WEBSITE
Springfield Housing Authority does not claim ownership of the materials you provide to Springfield Housing Authority (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Springfield Housing Authority, 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. Springfield Housing Authority is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Springfield Housing Authority’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.
You expressly agree that use of thE site is at your sole risk.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Springfield Housing Authority AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE 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.
Springfield Housing Authority 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 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. Springfield Housing Authority 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. Springfield Housing AUthority does not warrant that the functions provided by the site will be uninterrupted or error-free, or that the site or the server that makes it available are free from viruses or other harmful components.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Springfield Housing Authority, nor any of its directors, employees, agents, providers, licensors 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 SITE, WITH THE DELAY OR INABILITY TO USE THE 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 SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Springfield Housing Authority 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. In such states, the liability of the springfield housing authority is limited to the extent permitted by law. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify, defend and hold harmless the Springfield Housing Authority, its officers, directors, employees, agents, licensors, suppliers and any third party information provider to the Site from and against all loss, expenses damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use by you.
Springfield Housing Authority reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Notwithstanding the above, these Terms and Conditions of Use will survive termination.
Choice of Law
Any disputes arising out of or related to these Terms and Conditions of Use, including Springfield Housing Authority’s Privacy Statement and/or any use by you of the Site or Springfield Housing Authority’s services shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to its choice of law rules and without regard to conflicts of laws principles and you hereby consent to the exclusive jurisdiction and venue of courts in Hampden County, Massachusetts, U.S.A.
Use of the 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 Springfield Housing Authority as a result of these Terms and Conditions of Use or use of the Site. Springfield Housing Authority’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Springfield Housing Authority’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Springfield Housing Authority with respect to such use.
If any court of competent jurisdiction adjudicates any part of these Terms and Conditions of Use to be invalid, illegal 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.
No failure to exercise, and no delay in exercising, on the part of either party, any right, power or privilege hereunder will operate as a waiver thereof, nor will any party’s exercise of any right, power or privilege hereunder preclude further exercise of the same right or exercise of any other right hereunder.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Springfield Housing Authority with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Springfield Housing Authority with respect to the Site.
Springfield Housing Authority reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. The most current version of these Terms and Conditions of Use will supersede all previous versions. Springfield Housing Authority encourages you to periodically review the terms to stay informed of our updates.
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.
Springfield Housing Authority welcomes your questions or comments regarding these Terms and Conditions:
Springfield Housing Authority
25 Saab Court
P.O. Box 1609
Springfield, MA 01101
Telephone Number: (413) 785-4500