Please read these Terms of Use carefully before accessing or using any information, content or services available via BusinessPittsfield.com (“website” or “site”). By accessing or using any part of the site, the user (“you”) agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

This site is owned and operated by the City of Pittsfield (the “City”) for the sole purpose of providing unofficial information in a conveniently accessible form. This site expressly does not provide official information, make any offers, create any forum or other means for public discourse.

The City of Pittsfield and its affiliates, officers, directors, employees, consultants, contractors, agents, vendors and representatives (“we”) disclaim any and all warranties expressed or implied, regarding this site, including but not limited to any materials, information, graphics, products or processes contained therein. We are not responsible if information made available on this site is not accurate, complete or current. As the material on this site is provided for general information only, it must not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. BusinessPittsfield.com is provided on a strictly “AS-IS” basis. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. The City of Pittsfield reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Unless otherwise specified, all materials appearing on BusinessPittsfield.com or any affiliated contractor and vendor sites, including, but not limited to the text, site design, logos, trademarks and tradenames, graphics, icons, images, and the selection, assembly, and arrangement thereof, are protected intellectual property owned by the City or other third-parties. When accessing this site or the sites of its contractors and vendors, you agree to strictly obey the law and to respect the intellectual property rights of others. Your use of the sites of the City of Pittsfield or its affiliated contractors and vendors is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of the City’s or third-party’s rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

We impose certain restrictions on your permissible use of this site and services. You are prohibited from violating or attempting to violate any security features of its sites or services, including, without limitation: 1) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, 2) attempting to probe, scan, or test the vulnerability of the site, service or any associated system or network, or to breach security or authentication measures without proper authorization, 3) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to its sites or services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing,” 4) using the site or services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services, 5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the service, or 6) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the City in providing its sites or services. Any violation of system or network security may subject you to civil and/or criminal liability.

Links or pointers to external websites or information, references to any specific commercial companies, products, processes or services, or the use of any trade or corporate names on any sites is for the information and convenience of you, and is not an endorsement or recommendation by the City or any of its officers, employees, consultants, vendors, agents, or representatives. No information or statements contained in any City sites may be used for the purposes of advertising, or to imply endorsement or recommendation.

You agree to indemnify the City and its vendors for your acts and omissions related to your access, use or browsing of BusinessPittsfield.com or linked sites. You agree to indemnify, defend, and hold harmless the City of Pittsfield, its affiliates, officers, directors, employees, consultants, contractors, vendors, agents, and representatives from any and all third-party claims, losses, liability, damages, or costs (including reasonable attorney fees and costs) arising from your access to or use of these sites, your violation of these Terms of Service, or your infringement of any intellectual property or other right of any person or entity.

The City of Pittsfield and its affiliates, officers, directors, employees, consultants, contractors, vendors, agents, and representatives shall not be liable for damages of any kind, including, but not limited to: special, incidental or consequential damages, lost profits, or lost data (regardless of the foreseeability of those damages) arising out of or in connection with your use of this site or other materials or services provided to you. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort or any other legal theory or form or action.

Nothing contained on this site grants you a license to use any of the trademarks, service marks, or logos owned by the City of Pittsfield or by any third party.

These Terms of Use and Privacy Policy (set forth herein) shall be construed in accordance with and governed by the laws of the United States and the Commonwealth of Massachusetts, without reference to their rules or statutes regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Pittsfield, Massachusetts in all disputes arising out of or related to the use of its Sites.

These Terms of Use and the Privacy Policy, which is set forth below and fully integrated herein, in addition to any third-party terms of use that you may be subject to by use of the City contractor’s and vendor’s platforms and websites to access content, materials, or products provided on the City’s behalf, constitute the entire agreement (“Agreement”) between User and the City and supersede any and all prior or contemporaneous communications, and proposals, whether electronic, oral, or written with respect to the City’s Sites. Should any provision of this Agreement be held invalid, illegal, or unenforceable, the remaining portions shall remain in full force and effect. The City’s failure to enforce any provision of this Agreement shall not be deemed a waiver thereof. Any waiver of any provision of this Agreement shall only be effective if the City expressly states in a signed writing that it is waiving a specific provision.

The City reserves the right to update, change or modify the Privacy Policy set forth herein as it deems appropriate.

The City of Pittsfield collects automatically collected information. For the purposes of this Agreement, “automatically collected information” means any information that is automatically transmitted by your browser and typically does not identify specific individuals. Automatically collected information may include, but is not limited to: 1) the Uniform Resource Locator (“URL”) or address of the webpage a User visits; 2) the domain names and IP addresses from which a User accesses a City Site; 3) the type of browser used to access a City Site; 4) the operating system used to access a City Site; 5) the date and times a User accesses a City Site; 6) the URL of a forwarding website to a City Site; and 7) anonymous summary demographic information about a User. The City’s policy on use of cookies is set forth separately herein.

The City of Pittsfield may use “cookies” to store a small piece of data on your computer during your visit to collect information. The cookies are used to obtain information on Users’ web use and incorporate such information into the City’s Sites to improve User experience. The City does not currently honor “do not track” signals issued by browsers or other third-party sources.

Third-party companies, including but not limited to, Google, Facebook, Twitter, YouTube, Vimeo, Pinterest, Instagram, and LinkedIn, may track Users through the City’s Sites as the City uses their services for social media and infrastructural purposes. It is the responsibility of Users to contact any Third Parties to review their individual privacy policies and “opt-out” options.