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THIS IS A TEST ENVIRONMENT.
New Albany, OH PRODUCTION SITE LINK
Welcome to the City of New Albany OH Login Page!
This new, innovative system will enable you to participate in the
electronic plan review process for our city. Our electronic plan review
process increases efficiencies, reduces costs, and accelerates community
development.
TERMS AND CONDITIONS OF USE
Your access to and use of the City of New Albany, OH website (“Site”) is subject to the following terms and conditions, as well as all applicable laws. Your access to the Site is in consideration for your agreement to these Terms and Conditions of Use, whether or not you are a registered user. By using the “Accept and Login” button below, you accept, without limitation or qualification, these Terms and Conditions of Use. Throughout these Terms and Conditions, the words “you,” “your” or “User” mean you and the employees, consultants, contractors, and other parties who access the Site using your password for a specific project (“Project”).
USE OF SITE. You agree to use the Site solely to provide information relating your application for a permit for the Project. 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 Horse” or any other computer code, files or programs that may 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.
RIGHTS TO TERMINATE OR SUSPEND. The City of New Albany 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:
• Upon completion of the Project;
• Your violation of these Terms and Conditions of Use;
• Your failure to pay any fee due in connection with your use of this Site; or
• Other conduct by you which the City of New Albany, in its sole discretion, believes is unlawful or harmful to others.
In the event of termination, you are no longer authorized to access the Site.
OWNERSHIP OF SITE. The City of New Albany retains all right, title, and interest in and to the Site. The Site is proprietary to the City of New Albany 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 New Albany’s 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 City of New Albany 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 HORSES, 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 New Albany through the Site becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), City of New Albany 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 New Albany'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.
LIMITATION OF LIABILITY. In no event will the City of New Albany 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 New Albany, including, but not limited to, the City of New Albany Council, boards and commissions of the City of New Albany, its officers, agents, employees and volunteers (collectively the “City of New Albany 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 New Albany Indemnitees for Claims arising from the sole active negligence or willful misconduct of the City of New Albany Indemnitees.
MISCELLANEOUS.
A. User acknowledges and agrees a) that the use of the Site is not a substitute for professional judgment; b) that the 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) that the Site is only to be used as a tool to assist the User in connection with the Project; and d) that the 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 New Albany 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 New Albany ordinance, state or federal law, administrative regulation of any governmental agency can be applied for, requested, or granted through the Use of this Site.
B. Governing Law. This Agreement is governed by the laws of the State of Ohio.
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