Welcome to the Portal

TERMS AND CONDITIONS

The City of Apple Valley (“City”, “we”, “us”, “our”) has a license to this site (the “Site”). By

accessing or using this Site, you agree to be bound by the following terms and conditions (the

"Terms of Use"). We reserve the right, at our discretion, to change any of these terms in the

future without notice to you. IF YOU USE THIS SITE, YOU AGREE TO THESE TERMS

OF USE.

Homeowner Applicant

If you are a homeowner applying for a permit, you warrant that you own the property that is

covered by this application. The information submitted in conjunction with this application is

complete and accurate. You understand that work may not start without a valid permit. By

submitting this application, you certify that you are building or improving the property yourself.

You claim to be exempt from the state licensing requirements because you are not in the business

of building on speculation or for resale. You further acknowledge you might be hiring

independent contractors to perform certain aspects of the work on the property, and you

understand that some of these contractors may be required to be licensed by the State. You also

acknowledge that you are solely and personally responsible to ensure that the work performed on

the property will conform with the Minnesota State Building Codes and the City of Apple Valley

ordinances.

Contractor Applicant

If you are a contractor applying for a permit, by submitting this application, you acknowledge

that: (1) you are licensed with the State of Minnesota; (2) the information submitted is complete

and accurate; (3) all work will conform with the ordinances and codes of the City of Apple

Valley and with the Minnesota State Building and Fire Codes. You understand that work may

not start without a permit. You understand the State of Minnesota requires licensed design

professionals to certify plans, specifications, or reports, unless specifically exempted from the

licensing requirements.

Use of Our Site

You may access and use our Site for the purpose of submitting a permit application and

downloading plans and specifications for building permits. While using our Site, you agree not

to:

- 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 Sites 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.

Application

The City will review your application to determine if your application is complete. If your

application is not complete, the City will notify you.

Electronically submitted files will be accessible to all appropriate City employees and

participating agents for review.

Termination of Use

The City, in its sole discretion, may terminate or suspend your access and use of the Site without

notice and for any reason.

In the event of termination or suspension, you are no longer authorized to access the Site, and

City will use whatever means possible to enforce this termination.

Content

The 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. You agree to abide by all

copyright notices.

Ownership of Site

The City retains all right, title and interest in and to the Site. The Site is proprietary to the City.

You shall hold the Site and all access thereto in strict confidence, and you shall protect the Site

and access thereto using the same or similar degree of care that you would use for you own

confidential information, but in no event shall it be less than a reasonable degree of care. You

shall not disclose the Site or any part thereof or its access rights thereto, to any unauthorized

third party.

Indemnity

You, your officers, agents, contractors, subcontractors, employees (collectively “Indemnitor”)

shall indemnify, protect, hold harmless, and defend the City, including, but not limited to, the

City’s council, its officers, agents, employees, contractors, representatives (collectively the

“City’s Indemnitees”), from and against any and all demands, claims, actions, suits, judgments,

damages, liability, cost and expense, including, but not limited to reasonable attorneys’ and other

reasonable professional fees (collectively, “Claims”) arising directly or indirectly from any

breach of the Terms of Use by any Indemnitor, or any negligent or wrongful act or omission of

any Indemnitor in connection with using the 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 CITY 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 WEBSITES WILL BE FREE OF VIRUSES, WORMS,

TROJAN HORSES, 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, OR ANY

WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF

PERFORMANCE, OR USAGE OF TRADE.

Infringement

If any portion of your 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 unrestricted discretion, suspend your rights to the Affected

Materials. Such suspension of rights will be effective immediately upon City’s written notice of

suspension. Such notice may be given at the time that you seek to access the Affected Materials

and no individual notice to you is required.

Limitation of Liability

The City or its council, officers, agents, employees, contractors, or representatives shall not 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

The City has the right to perform routine and periodic maintenance on the Site without prior

notification to you.

Miscellaneous

You acknowledge and agree that: (1) the use of the Site is not a substitute for professional

judgment; (2) the use of the Site does not relieve you from applying the appropriate standard of

care and skill relevant to the use of the Site and its contents; (3) the Site is only to be used as a

tool to assist you in connection with your project; and (4) that you are 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 you with respect to your 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 Site.

Data Practices Act

Under Minn. Stat. § 13.05, subd. 11, all of the data created, collected, received, stored, used,

maintained, or disseminated in connection with this Site is subject to the requirements of the

Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.

Applicable Law and Disputes

You agree that all matters relating to your access to or use of this Site and all matters arising out

of or related to these terms and conditions, including disputes, will be governed by the laws of

the State of Minnesota without reference to any principals of conflict of laws. You agree and

consent to the jurisdiction and venue in Minnesota state court, Dakota County, except that the

City may remove the matter to the federal district courts in Minnesota. You further agree that if a

dispute arises as a result of which an action is commenced to interpret or enforce any of the

terms of these conditions and/or arising out of or connected to the access or use of this Site, and

you are the losing party, you shall pay all of the City’s attorneys' fees, costs, and expenses

incurred in connection with prosecution or defense of such action.