The following Supplemental Terms of Use
(these "ACA Terms") apply to you when you use the Accela Citizen
Access services (the "ACA Services"). To the extent that these
ACA Terms conflict with the general Accela,
Inc. Terms of Use (the "Terms"), these ACA Terms supersede
the Terms; to the extent that these ACA Terms do not conflict with the
Terms, these ACA Terms supplement the Terms.
Use of Accela Citizen Access Services: Accela is the
sole decision-maker as to your use of the ACA Services and reserves the
right to prohibit or remove any information which Accela believes to be
in violation of applicable laws, the Terms, or these ACA Terms. Upon completion
of the registration process, Accela will provide you with a member name
and password. Access to the ACA Services is strictly limited to members
and other users specifically authorized by Accela; access to any content
contained within the ACA Services by any means other than through interfaces
provided or specifically authorized by Accela is prohibited. It is your
responsibility to maintain the confidentiality of your member name and
password. To the fullest extent permitted by applicable laws, you agree
to be financially and otherwise liable for all activities conducted with
the ACA Services using your member name and password, regardless whether
such activities are specifically authorized by you. To promote the security
of the ACA Services, you agree to a) promptly notify the Administrator
of any unauthorized use of your member name or password or any other breach
of security, and b) log out from the ACA Services at the completion of
each session. Accela has the right to suspend or terminate your member
name or password and refuse any and all current or future use of the ACA
Services or any portion of the ACA Services. To the extent permitted by
applicable laws, commercial access to and use of the ACA Services is permitted.
User Representations: Licensed Building Professionals:
If you are a licensed building professional, you represent, affirm, and
declare that you are duly and properly licensed under the provisions of
your state's contractors' licensing laws and that your license is valid
and in full force and effect. You further represent, affirm, and declare
that, if required by applicable laws, you maintain a certificate of workers'
compensation insurance and have filed such certification with the agency
or agencies with which you conduct business through the ACA Services.
If you pull permits using the ACA Services, you further represent, affirm,
and declare that, under applicable laws, you are legally authorized to
pull the permit and to perform the work described therein.
Owner-Builders: If you are not a licensed building professional,
you represent, affirm, and declare that you are exempt from the provisions
of your state's contractors' licensing laws and will comply with all applicable
laws governing construction by non-licensed persons.
Fees: Accela may charge you a convenience fee for your
use of the ACA Services, comprising a base amount plus a percentage of
the permit cost, which fee may vary from one jurisdiction to another.
Accela reserves the right to modify its fee structure at any time.
General Disclaimer: Accela has no liability to you or
to any third party for the disruption or termination of your access to
the ACA Services. You agree to defend, indemnify, and hold harmless Accela,
its officers, directors, employees, and contractors from and against any
and all claims, liabilities, damages, losses, and expenses, including
reasonable attorneys' fees and costs, arising from or in any manner associated
to your use of the ACA Services including, but not necessarily limited
to: a) violation of applicable licensing laws; b) violation of applicable
workers' compensation laws; and c) non-compliance with applicable building
codes. You acknowledge that the information provided by Accela through
the ACA Services is derived from local government agency databases and
may be inaccurate, dated, or erroneous; Accela does not warrant the accuracy
of such information and is not responsible or liable for any inaccurate,
dated, or erroneous information within the ACA Services.
Privacy: Your voluntary use of the ACA Services requires
you to provide some personal information. To submit a permit application
using the ACA Services, you must provide your name, e-mail address, mailing
address, contractor's license number (if applicable), credit card number
and expiration date, and credit card billing address. Accela uses this
personal information only to process your application and to advise you
of the status of your application; no other use will be made of your personal
information without your permission. Accela protects your personal information
by gathering it only through 3,128-bit Secure Sockets Layer (SSL)-secured
portions of the ACA Services; when your personal information is transmitted
to permitting agencies or stored by Accela, such transmittal or storage
is performed in accordance with industry standards for encryption and
security. Questions concerning these Terms should be directed to Colin
Samuels, Accela's Assistant General Counsel.
Revised February 28, 2007. © 2002-2007 Accela, Inc. All rights reserved.
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