Terms and Conditions

Effective Date: September 20, 2022

This website is owned and operated by Westerly Library and Wilcox Park on behalf of itself and its affiliates ‎‎(collectively, ‎‎“ Westerly Library and Wilcox Park”, “we” “our”, and “us”).‎ ‎

These terms of use (“Terms of Use”) govern your use of any websites that we own and control, ‎any online service, including any website or mobile application, that posts a link to these Terms of ‎Use, and any interactive features, widgets, plug-ins, applications, content, downloads and other ‎services that we may own and control and make available through any websites that we own and ‎control‎ (collectively, the “Website”), regardless of how you access or use them, whether via ‎personal computers, mobile devices or otherwise. To the extent that we provide you notice on the ‎Website of different or additional terms of use, those additional terms shall govern your use of ‎the Website.  ‎

Your use of the Website constitutes your agreement to these Terms of Use.‎

In addition to reading these Terms of Use, please review our Privacy Policy, which applies to our collection, use and sharing of your information on the ‎Website. If you do not agree to the terms of our Privacy Policy or these Terms of Use, please do ‎not access or otherwise use this Website or any information or content contained on the ‎Website.‎

These Terms of Use may be revised periodically at any time. It is your responsibility to visit the Website frequently to review carefully the current terms and conditions of use that govern your continued use of the Website. When we modify these Terms of Use, we will update the effective date above. Your use of the Website following the posting of an updated Terms of Use constitutes your acceptance of such new Terms of Use. Each and every time you access and use the Website you shall be deemed to have agreed to the then current terms and conditions of use. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or reproduce or distribute any portions of the Website for any commercial use except as authorized herein.

1. Intellectual Property.

The design of this Website and its content, including the text, information, data, software, scripts, graphics, photos, sounds, videos, music, interactive features, products, materials, services and the like and any trademarks, service marks and logos contained therein (“Website Content”), are the property of or are licensed by Westerly Library and Wilcox Park and are protected by copyright and other intellectual property laws. Westerly Library and Wilcox Park hereby grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferrable license to view and download the Website Consent only for your personal use, provided that you retain all copyright and other proprietary notices on any permitted copies of the materials. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, or otherwise exploit this Website or the Website Content. Westerly Library and Wilcox Park reserves all rights not expressly granted in and to the Website and the Website Content.  You agree to not engage in the use, copying, or distribution of any of the Website Content, whether manually or by using robot, scraper, crawler or any other automated device or process, other than as expressly permitted herein or as reasonably necessary to use the Website for its intended purpose, including any use, copying, or distribution of Website Content for any commercial purposes.  You in no way will obtain any ownership interest in the Website Content.

The display of any trade names, trademarks, service marks, logos, or domain names on this Website does not imply that a license of any kind has been granted to you with respect to such trade names, trademarks, service marks, logos, or domain names except as explicitly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trade names, trademarks, service marks, logos or domain names may be a violation of trademark laws and could subject you to legal action.

2. Website Use and Restrictions.

Any unauthorized use of this Website for any purpose is prohibited. We may suspend or terminate the availability or your use of the Website (and any elements or features of it), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability.

You agree that you will not: (i) use our Website for any commercial purpose not permitted by Westerly Library and Wilcox Park and its affiliates; (ii) engage in any activities through or in connection with our Website that attempt to or actually do harm any individuals or entities or are unlawful, offensive or abusive, or that violate any right of any third party, or are otherwise objectionable to Westerly Library and Wilcox Park; (iii) reverse engineer, decompile, disassemble, reverse assemble or modify any Website source or object code or any software or other products, services or processes accessible through any portion of our Website; (iv) engage in any activity that interferes with another user’s access to our Website or the proper operation of our Website, or otherwise causes harm to our Website, Westerly Library and Wilcox Park or other users; (v) use Website Content in a manner that suggests an unauthorized association with any of our services or brands; (vi) interfere with or circumvent any security or access feature of our Website; or (vii) otherwise violate these Terms of Use.

3. Links to Third Party Websites.

This Website may contain hyperlinks to websites operated by persons or entities other than Westerly Library and Wilcox Park. Such hyperlinks are provided for your reference and convenience only. Please be aware that Westerly Library and Wilcox Park does not monitor, endorse or accept responsibility for the content on such websites or the operator or operations of such websites. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this Website. You agree not to hold Westerly Library and Wilcox Park responsible for the content or operation at any other website to which you might link from this Website. Selected content on Westerly Library and Wilcox Park’s Website is provided by a third party. Westerly Library and Wilcox Park has no control over, and takes no responsibility for supplementing, correcting or updating that information. Furthermore, Westerly Library and Wilcox Park makes no warranties or representations of any kind whether with respect to such third-party content’s accuracy, completeness, timeliness or otherwise. Westerly Library and Wilcox Park has no obligation to correct or update that information and shall not be liable for damages of any kind arising out of your access the Website.

4. Warranty Disclaimer.

You agree that your use of the Website shall be at your sole risk.  To the fullest extent permitted by law, Westerly Library and Wilcox Park, its officers, directors, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.  Westerly Library and Wilcox Park makes no warranties or representations about the accuracy or completeness of the Website Content or the content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, omissions or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, technical, or other information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or (vi) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.  Westerly Library and Wilcox Park does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Website or any hyperlinked Website.

5. Limitation of Liability.

In no event shall Westerly Library and Wilcox Park, its officers, directors, employees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Website Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website or Website Content, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Website by any third party, or (vi) any loss or damage of any kind incurred as a result of your use of any Website Content posted, e-mailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory (including negligence), and whether or not Westerly Library and Wilcox Park is advised of the possibility of such damages.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

6. Indemnity.

You agree to defend, indemnify and hold harmless Westerly Library and Wilcox Park, its affiliates, and their respective officers, directors, managers, employees and agents (“Westerly Library and Wilcox Park Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accountant’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use or the documents or policies referenced herein; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; or (iv) your violation of any law.  This defense and indemnification obligation will survive these Terms of Use and your use of the Website.  You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Westerly Library and Wilcox Park Indemnitees.

7. Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 13 years of age you must possess legal parental or guardian consent to accept the Terms of Use otherwise please do not use the Website and exit now.

8. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Westerly Library and Wilcox Park without restriction.

9. Governing Law, Location, Entire Agreement

These Terms of Use shall be governed by the laws of the State of Rhode Island and the applicable federal laws of the United States of America.  All disputes arising under, or in any way connected with membership in or use of the Website, shall be litigated exclusively in the state and federal courts residing in the State of Rhode Island, and in no other court or jurisdiction.  You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Rhode Island and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Website. These Terms of Use, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and Westerly Library and Wilcox Park regarding the use of the Website and the Website Content and services provided on the Website, superseding any prior agreements between you and Westerly Library and Wilcox Park relating to the subject matter hereof.  A printed version of these Terms of Use 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 forms.

10. Invalidity; Waiver

If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, 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 invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Westerly Library and Wilcox Park’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

11. Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Website for any reason or for no reason whatsoever including improper use of this Website or failure to comply with these Terms of Use, and to take any other action we deem appropriate.

12. User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Westerly Library and Wilcox Park are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions.  Westerly Library and Wilcox Park shall be entitled to the unrestricted use and dissemination of these submissions for any purpose without any acknowledgement of or compensation to you.

13. United States Operations.

Westerly Library and Wilcox Park controls and operates our Website from its offices in the United States, and makes no representation that our Website is appropriate or available for use beyond the United States. If you use our sites or applications from other locations, you are doing so at your own risk and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our Website may describe products and services that are available only in certain states of the United States (or only parts of it). We reserve the right to limit the availability of our Website and/or the provision of any Website Content, program, product, service, or other feature described or available on our Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.

14. Contact Us

If you have any questions regarding our Terms of Use, practices, or your use of our Website, please contact us at administration@westerlylibrary.org.