This agreement (hereinafter “Agreement”) between you and the Town of Islip governs your use of Islip
Town Square, the online permit application system for the Town of Islip (hereinafter “Islip Town
Square”). Accordingly, please read the following terms and conditions carefully. By clicking,
“Agree,” you agree that these terms will apply if you choose to access or use Planning & Development
Application Portal and
represent and warrant that: (1) you are 18 years of age or older/of legal age to enter into a
binding agreement; and (2) if you are acting on behalf of a corporation, limited liability company,
or any other type of legal entity, you have the right, power, and authority to enter into this
Agreement on behalf of such entity and bind such entity to its terms.
- As a registered user of Planning & Development Application Portal,
you must establish an
account. You are solely responsible for maintaining the confidentiality and security of your
account and for all activities that occur on or through your account, and you agree to
immediately notify the Town of Islip of any security breach of your account.
- In order to use Planning & Development Application Portal, you
must enter your email
address and password to login to your account. You agree to provide accurate and complete
information when you register your account, and you agree to update your account information to
keep it accurate and complete. Failure to provide accurate, current, and complete account
information may result in the suspension and/or termination of your account. You agree that the
Town of Islip may store and use the account information you provide for use in maintaining your
account.
- All information presented in Planning & Development Application
Portal is subject to
verification by the department responsible for producing, entering, and updating such
information for the Town of Islip. The Town of Islip makes no guarantees concerning the accuracy
of the information provided in Planning & Development Application Portal, as it may include
errors, defects, or
misinformation attributable to author-error or otherwise. If you have any questions or would
like to verify the information provided in Planning & Development Application Portal, please
contact the appropriate
Town department during normal business hours.
- The Town of Islip does not guarantee, represent, or warrant that
your use of Planning & Development Application Portal will be uninterrupted or error-free. You
understand and agree that
Planning & Development Application Portal is provided on an “as is” and “as available” basis.
The Town of Islip, and its
officers, employees, and agents expressly disclaim all warranties of any kind, whether express
or implied, including but limited to non-infringement of any third-party intellectual property
rights. The Town of Islip does not represent or guarantee that Planning & Development
Application Portal will be free
from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and
the Town of Islip disclaims any liability relating thereto. Any use of Planning & Development
Application Portal is at
your own discretion and risk, and you will be solely responsible for any damage to your
computer, device, or loss of data that results from your use of Planning & Development
Application Portal.
- Certain components or features of Planning & Development
Application Portal may include
links to third-party websites or resources. As the Town of Islip has no control over such
third-party sites, you acknowledge and agree that the Town of Islip: (1) is not responsible for
the availability of such sites or resources; (2) does not endorse or warrant the accuracy of any
such sites or resources; and (3) shall in no way be liable or responsible for any damages you
incur or allege to have incurred, either directly or indirectly, as a result of your use and/or
reliance upon any such sites or resources.
- You agree that you will not interfere with or disrupt Islip Town
Square (including accessing Planning & Development Application Portal through any automated
means, such as scripts or
web crawlers), or any servers or networks connected to Planning & Development Application
Portal, or any policies,
requirements, or regulations of networks connected to Planning & Development Application Portal
(including any
unauthorized access to, use or monitoring of data or traffic thereon). You agree that you will
not plan or engage in any illegal activity and/or gather and store personal information on any
other users of Planning & Development Application Portal to be used in connection with any of
the foregoing prohibited
activities. You agree that you will not upload, post, email, transmit, store or otherwise make
available any material that contains viruses or any other computer code, files or programs
designed to harm, interfere or limit the normal operation of Planning & Development Application
Portal (or any part
thereof), or any other computer software or hardware.
- You agree to use Planning & Development Application Portal only
for purposes permitted by
this Agreement and only to the extent permitted by any applicable law or regulation. If your use
of Planning & Development Application Portal or other behavior intentionally or unintentionally
threatens the Town of
Islip’s ability to provide Planning & Development Application Portal or the Town of Islip’s
other systems, the Town of
Islip shall be entitled to take all reasonable steps to protect Planning & Development
Application Portal and other
systems, which may include suspension or termination of your access to Planning & Development
Application Portal. Islip
Town Square, or any feature or part thereof, may not be available in all languages and the Town
of Islip makes no representation that Planning & Development Application Portal, or any feature
or part thereof, is
available for use in any particular location. To the extent you choose to access and use Islip
Town Square, you do so at your own initiative and are responsible for compliance with any
applicable laws.
- You acknowledge and agree that Planning & Development Application
Portal contains
proprietary and confidential information that is protected by applicable intellectual property
and other laws, including but not limited to copyright. You further acknowledge and agree that
the Town of Islip owns all legal right, title and interest in and to Planning & Development
Application Portal,
including but not limited to graphics, user interface, the scripts and software used to
implement Planning & Development Application Portal, and any software provided to you as a part
of and/or in connection
with Planning & Development Application Portal, including any and all intellectual property
rights that exist therein,
whether registered or not, and wherever in the world they may exist. You agree that you will not
use such proprietary information or materials in any way whatsoever except for use of Islip Town
Square in compliance with this Agreement. You agree that you will not reproduce, copy,
duplicate, sell, resell, rent or trade Planning & Development Application Portal (or any part
thereof) for any purpose,
except as expressly permitted by the Town of Islip.
- You understand and agree that you are responsible for all use of
your Planning & Development Application Portal account, and that this Agreement applies to any
and all usage of such
account. Furthermore, you agree—to the fullest extent permitted by applicable law—to indemnify
and hold harmless the Town of Islip, its officers, employees, and agents from any claim,
including attorneys’ fees, relating to or arising from: (1) your use of Planning & Development
Application Portal; (2)
any violation by you of this Agreement; (3) your violation of any rights of another; (4) any and
all claims arising from usage of your Planning & Development Application Portal account, whether
or not such usage is
expressly authorized by you. You further understand and agree that the Town of Islip, its
officers, employees, and agents shall not be liable to you for any direct, indirect, incidental,
special, consequential, or exemplary damages resulting from: (1) the use or inability to use
Planning & Development Application Portal; (2) any changes made to Planning & Development
Application Portal; (3) any temporary or permanent
termination of Planning & Development Application Portal or any part thereof; (4) the
unauthorized access to or
alteration of your account information or data; or (5) any other matter relating to Islip Town
Square. This indemnity obligation shall survive the termination or expiration of this Agreement
and/or your use of Planning & Development Application Portal.
- The Town of Islip reserves the right at any time to modify this
Agreement and to impose new or additional terms or conditions on your use of Planning &
Development Application Portal.
The Town of Islip may provide you with notices regarding Planning & Development Application
Portal, including changes to
this Agreement, by email to the email address associated with your account, by regular mail, or
by postings on the Town of Islip’s website and/or Planning & Development Application Portal.
- The Town of Islip may at any time, and without prior notice,
immediately terminate or suspend all or a portion of your account and/or access to Islip Town
Square. Cause for such termination or suspension shall include: (a) cancellation or nonpayment
of any applicable permit fees; (b) violations of this Agreement or any other policies or
guidelines that are referenced herein and/or posted on Planning & Development Application
Portal; (c) a request by you
to cancel or terminate your account; (d) a request and/or order from law enforcement, a judicial
body, or other government agency; (e) where provision of Planning & Development Application
Portal to you is or may
become unlawful; (f) unexpected technical or security issues or problems; (g) your participation
in fraudulent or illegal activities; or (h) if there is a general discontinuance of Islip Town
Square or any part thereof. Any such termination or suspension shall be made by the Town of
Islip in its sole discretion, and the Town of Islip will not be responsible to you or any third
party for any damages that may result or arise out of such termination or suspension of your
account and/or access to Planning & Development Application Portal.
- This Agreement and all use of Planning & Development Application
Portal shall be governed
by the laws of the State of New York and any applicable Federal laws of the United States of
America. You agree to submit to the personal and exclusive jurisdiction of the courts located
within the County of Suffolk, State of New York, to resolve any dispute or claim arising from
this Agreement.
This Agreement constitutes the entire agreement between you and Town of Islip and replaces
any prior agreements between you and Town of Islip in relation to Planning & Development Application
Portal. If any part
of this Agreement is held to be invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the original
intentions
of the parties, and the remaining portions shall remain in full force and effect. The failure of
Town
of Islip to exercise or enforce any right or provision of this Agreement shall not constitute a
waiver
of such right or provision. You agree that, except as otherwise expressly provided in this
Agreement, there shall be no third-party beneficiaries to this agreement.