Aggregate Source Licensing Program disclaimers and terms

The following ePLACE Portal Disclaimers and Terms and Conditions are for the MassDOT Aggregate Source Licensing Program.

ePLACE Portal Terms of Use for MassDOT Aggregate Source Licensing

1. General ePLACE Portal Disclaimers

   While the Agency attempts to keep its Web information accurate and timely, the Agency neither warrants nor makes representations as to the functionality or condition of this Web site, its suitability for use, freedom from interruptions or from computer virus, or non-infringement of proprietary rights. Web materials have been compiled from a variety of sources and are subject to change without notice from the Agency as a result of updates and corrections.

   All trademarks and service marks contained in or displayed on this Web site are the property of their respective owners. Any commercial use of the materials stored on this Web site is strictly prohibited without the prior written permission of the Agency.

   The Agency is neither responsible nor liable for any viruses or other contamination of your system nor for any delays, inaccuracies, errors or omissions arising out of your use of the site or with respect to the material contained on the site, including without limitation, any material posted on the site. This Web site and all materials contained in it are distributed and transmitted "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The Agency is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, this Web site and/or the materials contained on this Web site whether the materials are provided by the Agency or a third party.

   In addition to the preceding terms and conditions the Agency, its officers, employees, agents or representatives shall not be liable for any damages of any kind arising from your use of the online payment service. Nothing contained in this Web site constitutes or is intended to constitute legal advice by the Agency or any of its agencies, officers, employees, agents, or representatives.

2. External Links

   This Web site may contain links to other sites on the Internet, which are provided for the convenience of the user. The Agency is not responsible for and makes no representation about the content or material available on such other sites. Links are not intended to imply sponsorship, affiliation, or endorsement by the Agency.

3. Privacy Policy

   While the Agency does not sell any information collected and provided through this Web site, such information may be subject to disclosure as required by any federal, state or local laws, rules, or regulations.

4. Public Records

   All of the materials which are posted to this site are “Public Records” within the definition found in M.G.L. c. 66 (the “Public Records Law”) including those available without the use of an authenticating or authorizing mechanism, such as your ePLACE Portal login ID and password, as well as some of the information posted to this site and available through use of an authenticating or authorizing method. Unless subject to an exception, the Commonwealth is required, upon request, to provide copies of Public Records in accordance with the provisions of the Public Records Law and regulations promulgated under such law.  Nothing in the Public Records Law limits the copyright or other intellectual property rights of either the Commonwealth or third party holders in these materials.

   The ePLACE Portal may store personal and confidential data, which may to some extent be protected from disclosure pursuant to the Public Records Law, the Fair Information Practices Act and M.G.L. c. 93H.  All documents submitted or delivered through the ePLACE Portal are the official records of MassDOT. Your use of the ePLACE Portal is governed by these terms and conditions.  Any violator of these terms and conditions be subjected to disciplinary actions, including termination of ePLACE Portal accounts and activity.

5. Communications via Web Site

   Communications made through e-mail and messaging systems shall in no way be deemed to constitute legal notice or service of process to the Agency or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the Agency or any of its agencies, officers, employees, agents, or representatives, where notice to the Agency is required by any federal, state or local laws, rules, or regulations.

General ePLACE Portal Terms and Conditions

In order to perform licensing and permitting transactions online, you were required to register for the ePLACE Portal. All registered users of the ePLACE Portal are required to agree to the following:

1. Use of the Commonwealth of Massachusetts ePLACE Portal is subject to federal and state laws, which may be amended from time to time, including laws governing unauthorized access to computer Portals. Online inquiries and transactions create electronic records that in some instances might be disclosed to third parties pursuant to the public records law, compulsory legal process, or other laws.;
2. This Portal also is governed by a number of important Site Policies. Please read and understand these Site Policies before continuing.
3. The ePLACE Portal (the "Portal") is the property of the Commonwealth. Unauthorized use of this Portal is strictly prohibited.
4. The Commonwealth may monitor, record, and audit any activity on the Portal, and may search and retrieve any information stored within the Portal. By using the Portal, you are consenting to such monitoring, recording, and information retrieval. Users of the Portal should have no expectation of privacy.
5. The Commonwealth makes every effort to ensure the accuracy and completeness of the information it provides through the Portal. However, the Commonwealth cannot and does not guarantee the accuracy, completeness, or reliability of such content.
6. Users must provide true, accurate, and complete information upon request. Failure to do so may result in criminal, civil, and/or administrative sanctions.
7. Businesses and individuals operating in the Commonwealth must comply with all federal, state, and municipal laws and rules. Businesses and individuals are responsible for knowing and complying with current statutes and regulations. The Portal does not provide comprehensive information regarding all statutes and regulations that affect businesses or licensed individuals or that impose licensing requirements.
8. An e-mail will be sent to the e-mail address supplied during the account registration process. You must keep the e-mail address you provide current in order to provide you with important legal and other notices relating to your use of this site.
9. Limitations on the Use and Dissemination of Information Received through ePLACE Portal – The notices that you receive from ePLACE Portal regarding your access, submissions, and other activity may only be used by and disseminated within your organization or with your affiliates and business partners. You may not resell or disseminate these notices or any content or other information from the ePLACE Portal to any other individual or entity solely for the purpose of generating income. To do so would be a direct violation of the terms of this Agreement and would be grounds for immediate termination of your ePLACE Portal account.
10. Submission of Applications and/or Information to this Web Site - This site permits you to submit applications, information, and other materials, including the uploading of documents in support of your application and to provide information to create an account. If you submit information to this website, in any form, you may do so on the condition that what you submit is not obscene, illegal, threatening, or defamatory and so long as what you submit does not invade the privacy or infringe the intellectual property of a third party. Further, do not submit software viruses, mass mailings, chain letters, or any form of SPAM. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
11. By submitting information in any form, you grant the Commonwealth a nonexclusive, royalty-free, perpetual right to reproduce, use, make public, via publication on the ePLACE portal or other means, to the extent permissible pursuant to M.G.L. c. 66, § 10, adapt, translate and distribute for legitimate business purposes, including but not limited to evaluating your response. By submitting information, however, User does not grant the Commonwealth any rights to edit, modify or alter in any manner such information or content. By submitting information you also represent and warrant that to the best of your knowledge and belief the content is accurate as of the date of submission; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.
12. You represent and warrant that you have authority to act on behalf of your Organization in registering for and with respect to the Aggregate Source Licensing Program. As used in these Terms, "you" and "your" means (i) any person managing Aggregate Source Licensing on behalf of their Organization, and (ii) the Organization itself.