The Village of Lancaster, a New York corporation, requires that all visitors to this website (this “Site”) agree to the following terms and conditions. If you do not agree with the following terms and conditions, you should not use this Site. By accessing the Site you indicate your acceptance of the following terms and conditions.
RESTRICTIONS ON USE
All of the text, images, graphics, sound files, animation, video and/or their arrangement on this Site are all subject to intellectual property right protection and such material from this Site may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of The Village of Lancaster. Modification or use of the materials for any other purpose violates The Village of Lancaster’s intellectual property rights. The Village of Lancaster does not transfer any property rights or issue any license by allowing use of this Site.
All content included in or made available through this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of The Village of Lancaster or its content suppliers and protected by copyright laws. The compilation of all content included in or made available through this Site is the exclusive property of The Village of Lancaster and protected by copyright laws.
NO WARRANTIES OR REPRESENTATIONS
THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE VILLAGE OF LANCASTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE VILLAGE OF LANCASTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE VILLAGE OF LANCASTER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ACCORDINGLY, BY USING THIS INFORMATION YOU AGREE THAT THE VILLAGE OF LANCASTER (INCLUDING ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE FOR DAMAGES OF ANY KIND.
RESTRICTION OF LIABILITY
By accessing and using this Site, you agree that The Village of Lancaster will not be liable for any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Further, The Village of Lancaster will not be liable for any damages or injury, including, but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence on The Village of Lancaster or an authorized The Village of Lancaster representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. As such, The Village of Lancaster’s total liability to you for all losses, damages, and causes of action will not be greater than the amount you paid to access this Site.
Any dispute or claim relating in any way to your use of this Site, or to any products or services sold or distributed by The Village of Lancaster or through this Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial. You agree that The Village of Lancaster may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATION AND SEVERABILITY
These terms and conditions will be governed and interrupted pursuant to the laws of the State of New York inside the United States of America, notwithstanding any principles of conflict of laws. This is the entire agreement between the parties relating to the use of this Site. The Village of Lancaster can revise these terms and conditions at any time by updating this posting. This Site may be linked to other sites which are not maintained by The Village of Lancaster. The Village of Lancaster is not responsible for the content of those sites.
The Village of Lancaster strongly encourages all parents to supervise their children’s on-line activities and regularly monitor their children’s use of the Internet. Parents should consider using parental control tools and other services to assist them in supervising their children’s on-line use or on-line disclosure of their name, address or other personal information without parental consent.