Welcome to the Portal

TERMINATION OF USE 

The City of San José, in its sole discretion, may terminate or suspend your access and use of this Site 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 fees due in connection with your use of this Site; or

* Other conduct by you which the City, in its sole discretion, believes is unlawful or harmful to others.

In the event of termination, you are no longer authorized to access this Site, and the City will use whatever means possible to enforce this termination.

USE OF THIS SITE 

You agree to use this Site solely to provide information relating to 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 this Site except as authorized pursuant to these Terms and Conditions of Use.  You agree to access and use this 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 this 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 this Site to impersonate other parties or entities;

* Use this 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.

INFRINGEMENT

If any portion of the User’s plans, specifications, drawings, or any information provided to the City through the Site becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), the City may, in its sole and unrestricted discretion, suspend User's rights hereunder to the Affected Materials.  Such suspension of rights will be effective immediately upon notification of suspension by the City to the User. 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.

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.

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 subject to public disclosure pursuant to California Public Records Act (Cal. Govt. Code Section 62500 et seq.).

The action of uploading files does not constitute a formal resubmittal. Applicants must complete the Applicant Resubmit Task for files to be accepted by the City.

CONTENT

The City has the right to monitor the content that you provide but is not obligated to do so.  The City reserves the right (but assumes 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 Site.  You agree to abide by all copyright notices.

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) the Site is only to be used as a tool to assist the User in connection with the Project; and d) the User is solely responsible for verifying the accuracy of all results created with the use of the Site.  Approval of any type which is granted to the User with respect to the Project their application for a permit, and which is in any way connected with use of this Site, shall not be construed to allow (or approve of) the violation of any City, county, state, or federal law, ordinance, or code or any applicable administrative regulations of any governmental agency.  No waiver, modification, variance, or any other type of change, however described, to any City, county, state or federal law, ordinance, or code or administrative regulation of any governmental agency can be applied for, requested, or granted through the Use of this Site. 

The City of San José shall have the right to perform maintenance on the Site without prior notification to User.

LIMITATION OF LIABILITY

In no event will City of San José 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.