Welcome to the Portal

Your access to and use of City of Knoxville's ePlan is subject to the following terms and conditions, as well as all applicable laws. Your access to City of Knoxville's ePlan 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", "your", and “user”, means you and the employees, consultants, contractors, and other parties who access City of Knoxville's ePlan using your password.

USE OF SITE

You agree to use the City of Knoxville's ePlan Site solely to provide information relating to your application and permit.   As an authorized User, you are responsible for the accuracy, quality and legality of any data submitted to the Site and the means by which you acquired the data.  In using this Site, you are consenting to the City, and its Software providers processing the data submitted in accordance with these Terms and Conditions.  The City is not responsible for any inadequacy or lack of functionality of the User’s connection to the Site, or the inability of the User’s computer, telecommunication provider, or other equipment and capabilities to access or use the City’s ePlan Site.  Further, you understand and agree that the City is not responsible for any portions of User data that are lost, altered, intercepted, or stored without authorization during the transmission of data across networks.

If approved as a “User” – you agree that you will not:

·       Copy, reproduce, distribute, republish, download, display, publicly perform, compile, run, execute, demonstrate, disclose, or otherwise use the Site and Software except as authorized pursuant to these Terms and Conditions of Use.

·       Transmit in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, any part of the City of Knoxville’s ePlan Software or Materials;

·       Provide the ePlan Software or Materials to any third parties (e.g., business process outsourcing, service bureau applications or third party training);

·       Assign, sublicense, sell, lease, loan, resell, sublicense or otherwise distribute or transfer or convey the ePlan Software or Materialss, or pledge as security or otherwise encumber the City’s rights;

·       Modify, further develop or create any derivative works of, disassemble, decompile, reverse engineer or otherwise attempt to obtain or perceive the source code from which any part of the City’s ePlan Software is compiled or interpreted, or access or use the City’s ePlan Software or Materials in order to build a similar or competitive product or service;

·       Input, upload, transmit or otherwise provide to or through the City’s ePlan Software or any systems the City provides access to you as the User anything that is unlawful, disruptive, harmful, injurious, or contains, transmits or activates any harmful code;  

·       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” virus, malware, or any other computer code, files or programs that may threaten, 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; OR

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

At all times, you agree to access and use the Site solely for lawful purposes and agree to comply with all applicable laws in connection with the use of this Site. 

If approved as a “User” – you agree that you will:

·       Create your own unique password for use of the Site.

·       Maintain the secrecy of this password, and at no time shall the User share your password or your User Name with anyone else.  It is your responsibility to maintain the confidentiality of your password.

·       Immediately notify the City if you become aware of any loss or theft or unauthorized use of your password, User Name, and/or account number and take all reasonable and lawful measures within User’s control to stop any actual or threatened security breach and mitigate its effects (including discontinuing and preventing any unauthorized access to the Site).

TERMINATION OF USE

The City of Knoxville 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:

• The completion of project(s) and/or the issuance of permits(s);

• Violation of any of these Terms and Conditions of Use;

• Failure to pay any fees due in connection with your use of this Site; or

• Any other conduct which the City of Knoxville, in its sole discretion, believes is unlawful and/or harmful to others, including tampering with any security protections on the Site or attempting to damage, destroy, disrupt or otherwise impede or harm in any manner the Site.

In the event of such termination, you are no longer authorized to access the Site.

OWNERSHIP OF SITE

The City of Knoxville retains all rights, title, and interest in and to the Site. The Site is proprietary to the City of Knoxville 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 Software used by the Site is protected by copyright and other propriety rights of the City’s third party software vendors.  Users may be held directly responsible by such third party vendors if the User attempts to modify the Software or use it independently from the City’s Site.

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 THE CITY OF KNOXVILLE 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 Knoxville through the Site becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), City of Knoxville 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 Knoxville 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 Knoxville 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 Knoxville, including, but not limited to, the City of Knoxville Council, boards and commissions of the City of Knoxville, its officers, agents, employees and volunteers (collectively the “City of Knoxville Indemnitees”), from and against  any and all lawsuits, claims, liabilities, damages, losses, and expenses (including, but not limited to, court costs, reasonable attorney fees, and costs of claim processing, investigation, and litigation), 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 Knoxville Indemnitees for Claims arising from the sole active negligence or willful misconduct of the City of Knoxville Indemnitees. The indemnification and hold harmless provisions set forth in these Terms and Conditions shall survive termination by the User of this Site.

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

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) 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 Knoxville 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 Knoxville 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.

·       The User shall use the Site only in accordance with the Documentation and applicable laws and government regulations, including complying with all applicable legal requirements regarding privacy and data protection so as to not violate the intellectual property, privacy or any other rights of any third parties.

·        This Agreement is governed and construed in accordance with the laws of the State of Tennessee.  Any legal action shall be instituted only in a court of appropriate jurisdiction in Knox County, Tennessee.

·       The City of Knoxville shall have the right to perform weekly maintenance on the Site any time without prior notification to User.

·       The services provided to the User by the City on this Site are intended solely for the benefit of the User, and no other party.  Use of this Site does not create or establish any contractual relationship between the City and the User, and no person or entity shall be entitled to rely on the City’s provision of this service, nor shall they have any right to assert a claim against the City or its third party software providers as a result of using this Site.