Jurisdiction Online Service Agreement

1. Definitions.

A.      Building Code Enforcement (“BCE”) System.  Internet-based software application of JO that is designed especially to support the enforcement of building codes by Jurisdictions.

B.      Inspection(s). A physical evaluation of a Jurisdictional Object for the purpose of determining condition.

C.      Jurisdiction Online or JO.  Internet-based software application available to Jurisdictional authorities involved with Jurisdictional Object Location Object Inspection and certification associated with building code enforcement activities.

D.      Jurisdiction(s).  State or local governmental authority(ies) requiring Inspection of a Jurisdictional Object Location prior to certification or approval of its installation or use.

E.       Jurisdictional Object or Object Location.  An object, building, construction or physical creation that, according to state or local Jurisdiction’s laws, must be permitted and periodically inspected for safety, building code enforcement or other concerns.

F.       Software. Electronic information or coded instructions to a computer which comprise any part of JO created by Praeses.

G.      Users.  Jurisdictional BuildingInspectors, Building Contractors, and Owners of Jurisdictional Locations(s) and their employees and/or agents who use JO to facilitate building code enforcement. 

2. User’s Responsibilities.

A.      User agrees that it is responsible for the accuracy, completeness, and timeliness of the information it enters, or provides for entry, into JO. 

B.      User acknowledges Praeses’ claim of patents pending for various aspects of the JO system, including specifically a patent on the concept. User agrees to honor the confidential and proprietary nature of the system. 

3. User Submissions. 

A.      User is responsible for its own communications and is responsible for the consequences of its postings. User must not, and by using JO, agrees not to, take the following actions: infringe on another’s intellectual property rights, post objectionable materials, post any advertisements, or post material that has the potential to damage or interfere with the operation of JO.

B.      Praeses does not represent or guarantee the truthfulness, accuracy, or reliability of information or communications posted by other Users or endorse any opinions expressed by Users. User acknowledges that any reliance on material posted by other Users will be at its own risk. 

C.      Praeses acts as a passive conduit for the online distribution and publication of User-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by Users, except as may be specifically noted in this notice. If notified by a User of communications which allegedly do not conform to this Agreement, Praeses may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Praeses has no liability or responsibility to Users or User for performance or nonperformance of such activities. Praeses reserves the right to expel Users and prevent their further access to JO for violating this Agreement or the law and further retains the right to remove communications which are abusive, illegal, or disruptive. Praeses may take any action with respect to User-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Praeses or may cause Praeses to lose (in whole or in part) the services of its ISPs or other suppliers or business of other Users and customers. 

4. Ownership of Data.

Praeses is not the owner of the data posted to JO, but is the owner of JO itself, including the patented concept it represents, the source code, creating the software, and the processes and training materials which are created pursuant to the JO system.

5. Registration and Password.

User is responsible for taking reasonable steps to maintain the confidentiality of its information and password(s). User agrees to immediately notify Praeses of any unauthorized use of its registration or password(s).

6. Praeses’ Liability.

A.      JO is only providing a venue for the Jurisdiction to post data related to Jurisdictional Locations and may not screen or censor the information posted.  The User is solely responsible for the form, content and accuracy of any information placed by it on JO.  Praeses is under no legal obligation to, and generally does not, control the information provided by any Users which is made available through JO.  The Jurisdiction approves all Users authorized to post data to JO related to Locations within the Jurisdiction.  The Jurisdiction assumes all risks associated with dealing with all Users it approves through JO.  Praeses has no control over the quality, safety or legality of the data posted, or the truth or accuracy of the submissions.  By its very nature, other User’s information may be inaccurate, and in some cases may be mislabeled or deceptively labeled.  Praeses makes no representations about the accuracy, reliability, completeness, or timeliness of JO or the material posted on JO.  Praeses expects the Jurisdiction and other Users to use caution and common sense when using JO.  The use of JO and the material is at the Jurisdiction’s own risk.  Changes are periodically made to JO and may be made at any time. 

B.      Because User authentication on the Internet is difficult, JO cannot and does not confirm that each User is who they claim to be.  Because Praeses does not and cannot be involved in User-to-User dealings or control the behavior of participants on JO, in the event that Users have a dispute with one or more Users, the Jurisdiction and Users release Praeses (and its agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

C.      Praeses is under no legal obligation to, and generally does not, control the information provided by other Users which is made available through JO. By its very nature, other User’s information may be inaccurate, and in some cases may be mislabeled or deceptively labeled. Praeses makes no representations about the accuracy, reliability, completeness, or timeliness of JO or the material posted on JO. Praeses expects that User and other Users will use caution and common sense when using JO. The use of JO and the material is at User’s own risk. Changes are periodically made to JO and may be made at any time. 

D.      User acknowledges and agrees that it is solely responsible for the form, content and accuracy of any information placed by it on JO.

E.       Praeses is not responsible for providing Users access to the Internet, Internet browser software, nor for the reliability of any connection to the Internet.

F.       PRAESES DOES NOT WARRANT THAT JO WILL OPERATE ERROR-FREE OR THAT JO AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS PLACED THERE BY OTHER PARTIES. IF USER’S USE OF JO OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PRAESES IS NOT RESPONSIBLE FOR THOSE COSTS.

G.      JO IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  PRAESES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRAESES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

H.      IN NO EVENT SHALL PRAESES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON JO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE JO AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRAESES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

I.        User and Praeses agree to defend, indemnify, and hold harmless each other, their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from their respective design, operation or use of JO or the materials posted thereon, or their breach of these terms and conditions. Each party shall provide notice to the other promptly of any such claim, suit, or proceeding and shall assist the other, at the other’s expense, in defending any such claim, suit or proceeding.

J.        The aggregate liability of Praeses to User for all claims arising from the use of JO or the material posted thereon is limited to $100.

7. Links to Other Sites. 

JO may contain links to third party web sites. These links are provided solely as a convenience to User and Users and not as an endorsement by Praeses of the contents on such third-party web sites. Praeses is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. User’s access linked third party web sites at their own risk.

8. No Resale or Unauthorized Commercial Use. 

A.      User agrees not to resell or assign its rights or obligations under this Agreement.  

9. General. 

A.      Praeses makes no claims that the materials posted on JO may be lawfully viewed or downloaded outside of the United States . Access to the materials may not be legal by certain persons or in certain countries. If User accesses JO from outside of the United States , it does so at its own risk and is responsible for compliance with the laws of the appropriate Jurisdiction.

B.      This Agreement is governed by the internal substantive laws of the State of Louisiana , without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Shreveport, Louisiana .

C.      If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 

D.      No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.