City of Austin Portal

System Use Terms and Conditions
The City of Austin's TERMS and CONDITIONS OF USE

Your access to and use of the City of Austin ePlan and Austin Build + Connect websites are subject to the following terms and conditions, as well as all applicable laws. Your access to the websites are in consideration for your agreement to these Terms and Conditions of Use, whether or not you are a registered user. Throughout these Terms and Conditions, the words "you" and "your" mean you and the employees, consultants, contractors, and other parties who access the Site using your password.

MODIFICATION OF THE AGREEMENT

The City of Austin maintains the right to modify these Terms and Conditions of Use and may do so by posting such modifications on this page. Any modification is effective immediately unless otherwise stated. Your continued use of the Site following the posting of any modification signifies your acceptance of such modification.

CONDUCT

You agree to access and use the websites only for purposes authorized by City of Austin and for other lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to your use of the websites. By accessing the websites, you agree that you will not:

• Use the websites to commit a criminal offense or to encourage others to conduct that which would constitute a criminal offense or give rise to a civil liability;
• Post or transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
• Use the websites to impersonate other parties or entities;
• Use the websites 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 websites or the hardware or software of any other person who accesses the websites;
• Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
• Disrupt the normal flow of communication in any way;
• Claim a relationship with or speak for any business, association, or other organization for which you are not authorized to claim such a relationship;
• 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

City of Austin, in its sole discretion, may terminate or suspend your access and use of the websites without notice and for any reason, including but not limited to:

• Your violation of these Terms and Conditions of Use;
• Your failure to pay any fee due in connection with your use of the websites; or
• Other conduct by you which the City of Austin, in its sole discretion, believes is unlawful or harmful to others. In the event of termination, you are no longer authorized to access the websites, and the City of Austin will use whatever means possible to enforce this termination.

CONTENT

The City of Austin has the right to monitor the content that you provide, but is not obligated to do so. We reserve the right (but assume no obligation) to delete, move, or edit any material we consider unacceptable or inappropriate, whether for legal or other reasons. United States and foreign copyright laws and international conventions protect the contents of the websites. You agree to abide by all copyright notices. 

OWNERSHIP OF WEBSITES

The City of Austin retains all right, title and interest in and to the websites.  The Websites are proprietary to the City of Austin and its contents are confidential. User shall hold the Websites and all access thereto in strict confidence, and shall protect the Websites 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 Websites or any part thereof or its access rights thereto, to any unauthorized third party.  The City of Austin s disclosure of the Websites or any contents thereof shall be subject to applicable law.

INDEMNITY

User shall indemnify, protect, hold harmless, and defend the City of Austin, including, but not limited to, the City of Austin Council, boards and commissions of the City of Austin, its officers, agents, employees and volunteers (collectively the  City of Austin 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 Websites 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 Austin Indemnitees for Claims arising from the sole active negligence or willful misconduct of the City of Austin Indemnitees. 

DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES, OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, IS AT YOUR OWN RISK.  THE WEBSITES IS PROVIDED "AS IS" AND City of Austin 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 WEBSITES 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 Austin through the Websites becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), City of Austin 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 Austin'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 City of Austin or its employees be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use the Websites, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any and all other damages.

SITE MAINTENANCE

The City of Austin has the right to perform routine and periodic maintenance on the Websites without prior notification to you.

MISCELLANEOUS

User acknowledges and agrees a) that the use of the Websites is not a substitute for professional judgment; b) that the use of the Websites 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 Websites are 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 Websites. 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 Websites, shall be construed to allow the violation of any City of Austin 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 Austin or county ordinance, state or federal law, administrative regulation of any governmental agency can be applied for, requested or granted through the Use of the Websites. Governing Law. This Agreement is governed by the laws of the State of Texas.  The City of Austin shall have the right to perform weekly maintenance on the Websites without prior notification to User.

APPLICATION ACCEPTANCE

Submission of an application and uploading documents does not constitute acceptance.  Payment of ALL applicable fees initiates the 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. Non-payment of fees within 1 business day after being billed will result in an administrative hold on the application.  Requests to release administrative holds for non-payment should be directed to the Development Services Department Customer Service at 512-978-4000. Application submissions that have been inactive for 14 business days without any payments to the City of Austin will expire. Electronically submitted files will be accessible to all appropriate City Department and participating Agencies for review.  Unless protected by law, submitted documents, other than engineering CAD files, will be publicly available.