Lowell.com Network Terms of Use

Last Updated:  November 11, 2008

1. General

Welcome to the Terms of Use (the “Terms”) for the Lowell.com website, together with any related Lowell.com Internet properties, and their respective content, products and services (collectively, the “Lowell.com Network”). The Lowell.com Network is offered to you, the user (“you” or “User”), conditioned on acceptance of the terms, conditions, and notices contained in these Terms. Please read the following Terms carefully before using the Lowell Network so that you are aware of your legal rights and obligations with respect to Silver Internet Ventures, LLC and its affiliates and subsidiaries and any of their respective successors and assigns  (collectively, “we”, “us”, “our” or “Lowell.com”).  By using the Lowell.com Network you are agreeing to be bound by and comply with these Terms.

Please be aware that we have the right to change the Terms at any time, with or without notice to you, by posting amended Terms on this Lowell.com Network webpage. Your continued use of the Lowell.com Network will indicate your agreement to be bound by the changed Terms. We recommend that you visit this webpage periodically to review the most current Terms.

The Lowell.com Network is not intended for use by children under the age of 13.  By using any Lowell.com Network website, you represent that you are age 13 or over.

2. Use of Network

Your use of the Lowell.com Network is governed by the Terms.  Lowell.com reserves the right to terminate or restrict your access to the Lowell.com Network without prior notice for any or no reason.

3. Copyright

The information on the Lowell.com Network, including, without limitation, all design, text, images, press releases, and other information, is protected under United States and other copyright laws and is owned by Lowell.com or used under license from or otherwise authorized by the copyright owner. Unless otherwise specified or agreed to by Lowell.com, you may print, copy and download any information or portion of the Lowell.com Network for your personal use only. You may not modify, copy, reproduce, transmit, display, perform, distribute, transfer, rent, sublicense, publish, frame, store for subsequent use, create derivative works from, translate, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, products or services obtained from the Lowell.com Network, except for the purposes expressly provided herein, without Lowell.com’s prior written consent. If you copy or download any information from the Lowell.com Network, you agree that you will not remove or obscure any copyright or other notices or legends contained in such information. Lowell.com neither warrants nor represents that your use of materials displayed on the Lowell.com Network will not infringe rights of third parties not owned by or affiliated with Lowell.com. Any unauthorized use of any materials on the Lowell.com Network may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that Lowell.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.

Lowell.com respects the copyright rights and other intellectual property and proprietary rights of others. Lowell.com may, in appropriate circumstances and at its discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others. If you believe that your copyright has been violated by material available through Lowell.com, please provide our Copyright Agent with the following information:

  • Identification of the copyrighted work that you claim has been infringed;
  • An exact description of where the material about which you complain is located within Lowell.com;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and
  • Your electronic or physical signature.

Our Copyright Agent can be reached as follows:

Copyright Agent
15 W. 72nd St.
Suite 12R
New York, NY 10023
Email: elliot@Lowell.com

4. Trademarks

Lowell.com trademarks, logos, and service marks displayed on the Lowell.com Network (collectively the “Trademarks”), are trademarks of Lowell.com. Nothing contained on the Lowell.com Network should be construed as granting you any license or right to use any of the Trademarks for any purpose whatsoever, including, but not limited to, use of the Trademarks as metatags on other websites or in keyword advertising, without Lowell.com’s prior written consent. Unauthorized use of any of the Lowell.com Trademarks is strictly prohibited.

5. Linking

Notwithstanding the preceding paragraphs, you may be granted a limited, nonexclusive right to create a hyperlink to the Lowell.com Network provided (i) you give Lowell.com notice of such link by writing to elliot@Lowell.com, (ii) Lowell.com confirms in writing that you may establish the link, (iii) you do not remove or obscure the copyright notice or other notices on the Lowell.com Network, (iv) such link does not portray Lowell.com Network or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and (v) you immediately discontinue providing a link to the Lowell.com Network if so requested by Lowell.com. You may not use a Lowell.com logo or other proprietary graphic or trademark of Lowell.com to link to the Lowell.com Network without the express written permission of Lowell.com.  Lowell.com reserves the right to revoke this license generally, or your right to use specific links, at any time.  Under no circumstances may you “frame” Lowell.com Network or any of its content or copy portions of the Lowell.com Network to a server.   Except as otherwise consented to in writing by Lowell.com, each page within the Lowell.com Network must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Lowell.com Network.

6. Unauthorized Use of Lowell.com Network

In using the Lowell.com Network and any of the content contained therein, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to, (i) use the Lowell.com Network for any unlawful purpose, (ii) impersonate any person or entity, or falsely state or otherwise misrepresent your own identity, (iii) take any steps to interfere with or in any manner compromise or circumvent any of Lowell.com’s privacy or security measures, (iv) take any action to block access to the Lowell.com Network (in whole or in part) by other users, (v) use the Lowell.com Network to provide fraudulent or inaccurate information or otherwise for fraudulent purposes, or (vi) harvest or collect any information about or regarding other Lowell.com Network users, including, without limitation, any personal data or information.

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Lowell.com Network is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the Lowell.com Network or any of its respective content. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, transmission or activation of computer viruses, or attempts to decompile, reverse engineer, disassemble, modify or hack the Lowell.com Network, or to defeat or overcome any encryption and/or digital rights management technology implemented by Lowell.com with respect to the Lowell.com Network, and/or data transmitted, processed or stored by Lowell.com.  You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of or use of the Lowell.com Network, except as expressly permitted by the Terms.

Should any content or any user or other party be found or reported to be in violation of the preceding or any other Terms, the determination as to what, if any, action should be taken will be in Lowell.com’s sole discretion, subject to any requirements of applicable law.

In using the Lowell.com Network, you expressly consent to administrative monitoring at all times by the server admin and/or the server hosting data center and its authorized agents and contractors. You are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you do not wish to consent to monitoring, you should immediately cease using the Lowell.com Network.

7.  Special Warning for International Use

Recognizing the global nature of the Internet, you further agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8.  Lowell.com Communications

In the course of providing you with the Lowell.com Network, Lowell.com may need to communicate with you via email. You agree to receive emails that are necessary for the normal functioning of the Lowell.com Network.

9.  Advertisers and Third Party Links

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Lowell.com Network, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely and entirely between you and the advertiser. You agree that Lowell.com will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of the advertisers on the Lowell.com Network.

Further, you understand and agree that the Lowell.com Network may provide links to other Internet websites or resources, including those third party services described in Section 10. Such links are meant solely for our users’ convenience.  Because Lowell.com has no control over any external websites and resources, you acknowledge and agree that Lowell.com is not responsible for the availability of such external websites or resources, and does not sponsor or endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  Accordingly, Lowell.com does not make any representations concerning the privacy practices or terms of use of such websites, nor does, nor does Lowell.com control or guarantee the availability, accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials available on such websites.

Without limiting the generality of the foregoing, you acknowledge and agree that reference in the Lowell.com Network, whether in the “Yellow Pages” section or otherwise, to any goods, services, processes, hypertext links to third parties or other information or content by trade name, trademark, manufacturer, supplier or otherwise, regardless of placement or positioning, does not constitute or imply its endorsement, Advertisinghip or recommendation by Lowell.com. All goods, service and other information and content are the sole responsibility of each individual vendor or other third party.

You further acknowledge and agree that Lowell.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access any of the third party websites linked to the Lowell.com Network, you do this entirely at your own risk.

10.  Additional Disclaimer For Specified Third Party Services

The “Jobs in Lowell” feature of Lowell.com is provided through Simply Hired, a third party entity that is not related to or controlled by Lowell.com.  Lowell.com does not endorse Simply Hired or any of its participating employers. The links are provided for your reference and convenience only. Lowell.com makes no express or implied warranty or guarantee with respect to the information contained in and provided by the Simply Hired job search function, including appropriateness, accuracy, value, sufficiency, timeliness, or completeness of data, methods, and other information contained in and approved through the Simply Hired job search service. Lowell.com will have no liability to any user of the job search service or to any third party for any loss expense, or damage, including consequential, incidental, special or punitive damages. A user’s sole and exclusive remedy for dissatisfaction with this search service is to cease using the service. Please be advised that the submission of personal information to any employer listed on the Simply Hired job search is solely governed by the privacy statement of Simply Hired and, if applicable, that employer’s website.

11. Modification or Termination of the Lowell.com Network

Lowell.com reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Lowell.com Network (in whole or in part) with or without notice to you. You agree that Lowell.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the Lowell.com Network. Without limiting the generality of the foregoing, you acknowledge and agree that Lowell.com will have no liability to you or any third party for any technical delays or disruptions in the Lowell.com Network.

12. Indemnification

By accepting these Terms, you agree to indemnify and otherwise hold harmless Lowell.com, its members, officers, employees, agents, co-branders or other partners, subsidiaries and affiliates from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorneys’ fees) due to or arising from (a) your use of the Lowell.com Network, (b) your violation of the Terms or any rights of another, (c) unauthorized access to or alteration of your communications with or through the Lowell.com Network, and/or (d) any other matter relating to the Lowell.com Network.

13.  Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LOWELL.COM NETWORK IS AT YOUR OWN RISK AND THAT THE LOWELL.COM NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LOWELL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LOWELL,COM MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, (i) AS TO THE OPERATION OF THE LOWELL.COM NETWORK, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE LOWELL.COM NETWORK, (ii) THAT THE LOWELL.COM NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, (iii) AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE LOWELL.COM NETWORK, (iv) OR THAT THE LOWELL.COM NETWORK AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOWELL.COM NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

THE LOWELL.COM NETWORK MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT.  THEREFORE, LOWELL.COM RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.

YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, EMPLOYERS, HOSPITALITY VENDORS OR USERS ON OR THROUGH THE LOWELL.COM NETWORK ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, EMPLOYERS, HOSPITALITY VENDORS AND USERS AND ARE AT YOUR OWN SOLE DISCRETION AND RISK.  LOWELL.COM IS NOT RESPONSIBLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY SUCH COMMUNICATIONS OR DEALINGS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOWELL.COM OR THROUGH OR FROM THE LOWELL.COM NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14.  Limitations on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOWELL.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOWELL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO THE LOWELL.COM NETWORK, OR YOUR USE OF OR INABILITY TO USE THE LOWELL.COM NETWORK.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH LOWELL.COM OR THE LOWELL.COM NETWORK IS TO DISCONTINUE ANY USE OF THE LOWELL.COM NETWORK.

THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS INURE TO THE BENEFIT OF US, OUR AFFILIATES AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LOWELL.COM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY DOLLARS (US$50).

15.  User Materials

Any material or information sent by you through or in connection with the Lowell.com Network and any content, products or services contained or marketed therein (including testimonials, remarks, questions, comments, ideas, graphics or other information) will be treated as non-confidential, non-proprietary, and will immediately become the property of Lowell.com, except as otherwise provided in the Terms.  Lowell.com may use such materials as it seems fit, anywhere in the world, without obligation for compensation, and free of any moral, intellectual property or other rights to such information and materials.   In addition, you acknowledge and agree that you have full responsibility for any information and materials you submit to us, including its legality, reliability, appropriateness, originality and copyright.

16. Disclaimer of Association With User

You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and Lowell.com or its authorized agents or contractors as a result of the Terms or use of the Lowell.com Network. You agree not to hold yourself out as a representative, agent, or employee of Lowell.com. None of Lowell.com, its authorized agents or contractors shall be liable for any representation, act or omission by you.

17.  Lowell.com Network Privacy Policy

All user information submitted through the Lowell.com Network and certain other information about you is subject to our Privacy Policy, the terms of which (as the same may be updated from time to time) are hereby incorporated into the Terms in their entirety by reference.

18.  Entire Agreement

These Terms constitute the entire agreement between you and Lowell.com and govern your use of the Lowell.com Network, superseding any prior agreements, oral or written, between you and Lowell.com (including any prior versions of the Terms).

19.  Governing Law/Venue

Except for trademark and copyright matters governed by the federal laws of the United States, the Terms between you and Lowell.com will be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflict of laws. You and Lowell.com agree to submit to the personal and exclusive jurisdiction of the courts located within New York, New York.

20.  Ownership of Website & Content

Lowell.com is not affiliated with the the City government of Lowell, Massachusetts, the State government of Massachusetts, or any other municipality. Lowell.com is an independent, privately owned and operated business. Some information found on the site has been sourced from the City of Lowell.

21.  General Information

The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of Lowell.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.  Lowell.com may provide notices of changes to the Terms, additional terms of service or other matters by displaying notices or links to notices to you generally on or through the Lowell.com Network. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.  Lowell.com’s performance of the Terms is subject to existing laws and legal process and nothing contained in the Terms is in derogation of Lowell.com’s right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by Lowell.com with respect to such use.

We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you.  You may not assign any of your rights or delegate your obligations under these Terms to any other person.  Any attempt by you to do so is void.   You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Lowell.com Network or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Please send any questions or comments, or report violations of the Terms to elliot@Lowell.com.

Any rights not expressly granted herein are reserved.