Welcome to the Portal

Your access to and use of the City of Caldwell, Idaho (“CITY”) Project DOX website (the "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 "Login" button below, you accept, without limitation or qualification, these Terms and Conditions of Use.  Throughout these Terms and Conditions, the words "you" and "your" mean you and the employees, consultants, contractors, and any other parties who access the Site using your password.

MODIFICATION OF THE AGREEMENT

 

CITY 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 Site only for 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 Site. By accessing the Site, you agree that you will not:

 

-Use the Site 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 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 accesses the Site;

 

-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; or

 

-Post any material that infringes or violates the intellectual property rights of another.

 

TERMINATION OF USE

 

CITY 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:

 

-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 CITY, 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, and CITY will use whatever means necessary to enforce this termination.

 

CONTENT

 

CITY 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 Site. You agree to abide by all copyright notices.

 

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 Departments and participating Agencies for review.  Unless protected by law, submitted documents, other than engineering CAD files, will be publicly available.

 

TIMELINESS

 

The City has the right to expire, close or terminate any account that has not been used, or had activity occur on the account within a term, at the discretion of the City without notice to the account holder.  It is the responsibility of the account holder to monitor and review their account for denied projects, projects with corrections, and plan approvals.  Plan review requirement responses must be made using the system in a reasonably timely manner.

 

INDEMNITY

 

You agree to defend, indemnify, and hold harmless CITY and its employees, agents, and assigns (“Indemnified Parties”), from any and all liabilities and costs incurred by Indemnified Parties in connection with any claim arising from any breach by you of these Terms and Conditions of Use, including reasonable attorneys' fees and costs. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. The CITY reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter without the written consent of CITY.

 

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 CALDWELL 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 Caldwell through the Site becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), City of Caldwell 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 Caldwell’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 or its employees, agents, or assigns be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use the Site, 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

 

CITY has the right to perform periodic maintenance on the Site without prior notification to you.

 

AUTHORITY TO SUBMIT PLANS

 

The individual submitting plans on the Site hereby indicates that he/she has the authority to act on behalf of the project applicant.

 

AUTHORITY OF CITY

 

All comments and revisions by City staff are subject to review and approval of the City Planning Commission and City Council, if applicable.

 

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 his or her or its project, which is in any way connected with the use of this Site, shall be construed to allow the violation of any city 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 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 Idaho.