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TERMS AND CONDITIONS OF USE
Your access to and use of City of Pompano Beach ePlan is subject to the following terms and conditions, as well as all applicable laws. Your access to City of Pompano Beach ePlan is in consideration for your agreement to these Terms and Conditions of Use, whether or not you are a registered user. By using the "Login" button below, you accept, without limitation or qualification, these Terms and Conditions of Use. Throughout these Terms and Conditions, the words "you", "your", and “user”, means you and the employees, consultants, contractors, and other parties who access City of Pompano Beach ePlan using your password.
USE OF SITE
You agree to use City of Pompano Beach ePlan solely to provide information relating to your application and permit. As a condition of use, 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 as authorized pursuant to these Terms and Conditions of Use. You agree to access and use the Site only for lawful purposes and agree to comply with applicable laws in connection with the use of this Site.
By accessing this Site, you agree that you will not:
• Use the Site to commit an unlawful act or in a manner that would give rise to civil liability;
• Post or transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane or otherwise objectionable content;
• Use the Site to impersonate other parties or entities;
• Use the Site to upload any content that contains a software virus, “Trojan” virus, malware, or any other computer code, files or programs that may threaten, alter, damage, or interrupt the functionality of the Site or the hardware or software of any other person who has access to the Site;
• Upload, post, email or otherwise transmit any materials that you do not have the right to transmit under any law or under a contractual relationship; • Disrupt the normal flow of information in any way;
• Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
• Post any material that infringes or violates the intellectual property rights of another.
TERMINATION OF USE
The City of Pompano Beach may, in its sole discretion, terminate or suspend your access and use of this Site without notice and for any reason, including, but not limited to:
• The completion of project(s) and/or the issuance of permits(s);
• Violation of any of these Terms and Conditions of Use;
• Failure to pay any fees due in connection with your use of this Site; or
• Any other conduct which the City of Pompano Beach, in its sole discretion, believes is unlawful and/or harmful to others.
In the event of such termination, you are no longer authorized to access the Site.
OWNERSHIP OF SITE
The City of Pompano Beach retains all rights, title, and interest in and to the Site. The Site is proprietary to the City of Pompano Beach and its contents are 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. User shall not disclose the Site or any part thereof or its access rights thereto, to any unauthorized third party. The City of Pompano Beach disclosure of the Site or any contents thereof shall be subject to applicable law.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, IS AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS" AND THE CITY OF POMPANO BEACH MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, (A) REGARDING THE USABILITY, SUITABILITY, CONDITION, OPERATION OR ACCURACY OF THE SITE, (B) THAT ACCESS TO OR USE OF THE CONTENT OF SITE WILL BE AVAILABLE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (C) THAT THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN VIRUSES, MALWARE OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (D) WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
INFRINGEMENT
If any portion of the User’s plans, specifications, drawings or any information provided to the City of Pompano Beach through the Site becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), City of Pompano Beach may, in its unrestricted discretion, suspend User’s rights hereunder to the Affected Materials. Such suspension of rights will be effective immediately upon City of Pompano Beach 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.
LIMITATION OF LIABILITY
In no event will the CITY OF POMPANO BEACH be liable for any direct, indirect, punitive, special, incidental or consequential damages in connection with or arising from the User’s use of the Site, including, but not limited to, loss of profits, use data or economic advantage.
INDEMNIFICATION
User shall indemnify, protect, hold harmless, and defend the City of Pompano Beach, including, but not limited to, the The City of Pompano Beach Council, boards and commissions of the City of Pompano Beach, its officers, agents, employees and volunteers (collectively the “City of Pompano Beach Indemnitees”), from and against any and all demands, claims, actions, suits, judgments, damages, liability, cost and expense, including, but not limited to reasonable attorneys’ and other reasonable professional fees (collectively, “Claims”), to the extent arising directly or indirectly from one or more of the following: (i) the use of the Site by the User or its officers, agents, contractors, subcontractors, employees (collectively, the “Indemnitors”), (ii) any breach of the Terms and Conditions of Use with respect to this Site, (iii) any negligent or wrongful act or omission of any Indemnitor; provided, however, that User shall have no obligation to indemnify, protect, defend or hold harmless the City of Pompano Beach Indemnitees for Claims arising from the sole active negligence or willful misconduct of the City of Pompano Beach Indemnitees.
APPLICATION ACCEPTANCE
Submission of an application and uploading documents does not constitute acceptance. Payment of ALL applicable fees initiates the plan check application process. Applicant may not claim a relationship with or speak for any business, association, or other organization for which you are not authorized to claim such a relationship. Submissions must include a letter of authorization from the responsible party. Electronically submitted files will be accessible to all appropriate City of Pompano Beach Departments and participating Agencies for review. Unless protected by law, submitted documents, other than engineering CAD files, will be publicly available.
MISCELLANEOUS
• User acknowledges and agrees that a) Use of the Site is not a substitute for professional judgment; b) Use of the Site does not relieve the User from applying the appropriate standard of care and skill relevant to the use of the Site and its contents; c) Site is only to be used as a tool to assist the User in connection with the Project; and d) User is solely responsible for verifying the accuracy of all results created with the use of the Site.
• No approval of any type which is granted to the User with respect to the Project, which is in any way connected with the use of this Site, shall be construed to allow the violation of any City of Pompano Beach or county ordinance, state or federal law, or administrative regulation of any governmental agency. No waiver, modification, variance or any other type of change however described, to any City of Pompano Beach or county ordinance, state or federal law, administrative regulation of any governmental agency can be applied for, requested or granted through the Use of this Site.
• Governing Law. This Agreement is governed by the laws of the State of Florida.
• City of Pompano Beach shall have the right to perform weekly maintenance on the Site any time without prior notification to User.
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