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By selecting the "Continue Application" button below, or by accessing or using the Site, User and User's employees, consultants, contractors, and other parties who access the Site using User's password agrees be bound by and comply with all of the terms and conditions set forth herein. If you do not agree to all of the terms and conditions of this Agreement, (Agreement) do not use or access the Site.
User’s permissions to access the Site may allow for the User to grant access, on User’s behalf, for other parties to read, view, submit applications, schedule inspections or upload documents and plans for a Project. User agrees that User is fully responsible for all activities that occur under User’s password and account. User is responsible for maintaining the confidentiality of User’s password and account.
User agrees to (a) immediately notify DCE of any unauthorized use of User’s password or account or any other breach of security, and (b) ensure that User exits from User’s account at the end of each session. User agrees that the City and its authorized agents and contractors shall not be liable for any loss or damage arising from User’s failure to comply with this section.
1. GRANT OF LICENSE. City grants User a non-exclusive, non-transferable royalty-free license to use the Site solely for purposes relating to City's permitting of the Project. As a condition of the license grant, User agrees that it shall not copy, reverse engineer, modify, create derivative works of, publicly display, publicly perform, compile, run or execute, demonstrate, disclose, distribute, or otherwise use the Site, except in connection with the specific purpose set forth in this Paragraph 1.
2. TERMINATION. This license shall terminate (a) upon the completion by User of its application submitted for the permitting of the Project or (b) the sooner termination of any agreement between User and any person or entity who may have employed the User with respect to the Project ("Owner"), or (c) upon the giving of notice by City that this license is terminated. Such notice of termination may be given at any time in the event that (d) the application for the construction of the Project is withdrawn or otherwise terminated, (e) the City receives notice that the authorization for User to access the Site for purposes related to the Project has been terminated or suspended, (f) User fails to pay any applicable fees in connection with accessing the Site, or (g) if User violates the terms of this Agreement. After termination, User will be denied access to the Site. Notice to the User shall not be required prior to termination. City may also terminate User's right to use the Site in conjunction with enforcement efforts related to other aspects of the Project, or any part of the lot or parcel where the Project is located including, without limitation, aspects of the Project which are not directly related to the purposes set forth in Paragraph 1.
3. SUSPENSION. City may suspend User's right to use the Site at any time when it has the right to terminate this Agreement as provided in the preceding paragraph and when permitted under Paragraph 7.A of this Agreement or when City has reason to believe that an event of termination has occurred. Notice to User shall not be required prior to suspension. City may also suspend User's right to use the Site in conjunction with enforcement efforts related to other aspects of the Project or any part of the lot or parcel where the Project is located, including, without limitation, aspects of the Project which are not directly related to the purposes set forth in Paragraph 1.
4. RETAINED RIGHTS OF CITY. Other than the license granted hereby, City retains all right, title and interest in and to the Site. User may not transfer or sub-license the Site to any other person, except that User may permit the use of the Site by its employees who have a need to utilize the same in order to perform services for the Project. User will require its employees to maintain the confidentiality of the Site, and to abide by the terms of this Agreement.
5. CONFIDENTIALITY OBLIGATIONS. The Site is proprietary to City and confidential. User shall hold the Site and all access thereto in strict confidence, and shall protect the Site and access thereto using the same degree of care that User employs for its own confidential information, but not less than a reasonable degree of care. Except as expressly permitted by this Agreement, User shall not disclose the Site or any part thereof or its access rights thereto, to a third party. User agrees that any use of the Site not strictly in conformity with this Agreement will cause irreparable harm to City that cannot be remedied by an award of damages or other legal remedy. Accordingly, User agrees that in the event of any infringement or threatened infringement of City's rights under this Agreement, City will be entitled to injunctive relief in addition to damages.
6. DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED "AS IS" AND CITY, INCLUDING, WITHOUT LIMITATION, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AND ATTORNEYS, AND ITS CONSULTANTS MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, (I) REGARDING THE USABILITY, SUITABILITY, CONDITION, OPERATION OR ACCURACY OF THE SITE, (II) THAT ACCESS TO OR USE OF THE CONTENT OF SITE WILL BE AVAILABLE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR (III) THAT THE CONTENT AND SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. CITY, INCLUDING, WITHOUT LIMITATION, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AND ATTORNEYS, AND ITS CONSULTANTS SPECIFICALLY DISCLAIM ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY AND USERS' USE OF THE SITE IS AT ITS OWN RISK. USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OR INABILITY TO USE THE SITE OR ITS CONTENT.
7. INFRINGEMENT; LIMITATION OF LIABILITY; INDEMNIFICATION. A. If any portion of, or functionality implemented by the Site becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), City may, in its unrestricted discretion, suspend User's rights hereunder to the Affected Materials. Such suspension of rights will be effective immediately upon City's giving of notice of suspension. Such notice may be given at the time that User seeks to access the Affected Materials and no individual notice to the User is required.
B. IN NO EVENT WILL CITY, INCLUDING, WITHOUT LIMITATION, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, ATTORNEYS, AND CONSULTANTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER OR NOT CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. USER AGREES THAT LIABILITY UNDER THIS SECTION SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. ANY REMEDY TO WHICH USER MAY BE ENTITLED OUTSIDE OF THE LIMITATION OF LIABILITY STATED HEREIN UNDER ANY THEORY OF LAW OR EQUITY IS SPECIFICALLY WAIVED.
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.
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, including, but not limited to, the Agency's Public Records Act (Government Code Section 6250 et seq.).
Communications via Web Site
Communications made through e-mail and messaging systems shall in no way be deemed to constitute legal notice 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.
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