CONDITIONS OF USE AGREEMENT
(rvsd 8.19.10)
The East Baton Rouge Redevelopment Authority, a political subdivision of the State of Louisiana (“EBRRA”), is the owner of a Property Evaluation Tool (“PET”), which is available on a separate PET web site (the “Site). EBRRA has developed the Site for use by EBRRA’s staff, employees of the Consolidated Government of the City of Baton Rouge and the Parish of East Baton Rouge (the “City-Parish”), residents of East Baton Rouge Parish, real estate developers, non-profit organizations, and commercial businesses in order to facilitate EBRRA’s mission.
In order to access and use the Site, you must click on the button below labeled “I AGREE TO THE CONDITIONS OF USE” to signify that you have read, understand, and agree to the provisions in this Agreement. If you do not agree to the following provisions, then click the “EXIT” button, which will return you to EBRRA’s general site.
Registration. In order to access and use the Site, you must register and provide the following information: your name; e-mail address; employer; position; address; and telephone number. You must also choose a user name, a password, and a security question. You will provide only true, accurate, and complete information, that pertains only to you, in connection with this registration. You will keep this information current, by submitting an “Information Change Request,” whenever your registration information changes. You will not enable or allow another person to gain access to the Site with your password and you will not disclose your password to anyone. You will be responsible for all use of the Site that originates with your password, whether or not authorized by you. Accessing or using the Site without registering is prohibited.
Access to the Site. EBRRA does not warrant continual access to the Site and will not be liable for any inability to gain access to the Site or to any data or information on the Site.
Use of the Site. Your use of the Site is voluntary. EBRRA expressly disclaims any warranty in connection with, and will not be liable for any damages arising out of your use of, or inability to use, the Site or any data or information on the Site. You may view, download, and print data and information on the Site for personal noncommercial use and for commercial use, consistent with the mission of EBRRA, provided that you may not sell any data or information, of any type and in any format, obtained from the Site, and provided that you may not use any data or information obtained from the Site on any other web site, on any computer network, or in any environment of networked computers. You will not (1) attempt to disable or bypass any security features of the Site; (2) access any data or information that you have not been authorized to access; (3) use the Site to gain access to any other computer, network, or system; (4) take any action that imposes an unreasonable load on the Site’s infrastructure; (5) use any device or computer program to interfere, or attempt to interfere, with the operation of the Site; (6) attempt to decipher, decompile, disassemble, reverse engineer, delete, or alter any computer program used in connection with the Site; (7) delete or alter any data or information on the Site; (8) deep-link to any page, data, or information on the Site; (9) frame any page, data, information, or other content on the Site; or (10) use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation tools to access or retrieve data or information from the Site.
Data and information. EBRRA does not warrant or represent the usefulness, accuracy, completeness, or availability of any data or information on the Site, which it provides “as is.” EBRRA expressly disclaims any warranty (whether statutory, implied, or arising from a course of dealing or usage of trade, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement of the rights of third parties) in connection with, and will not be liable for any damages (including, without limitation, lost profits or any other economic or consequential damages--even if you have informed EBRRA of the possibility of damages, EBRRA knows or should know of the possibility of damages, or the damages are foreseeable--or punitive or other exemplary damages) arising out of your inability to use, or your use of, any data or information on the Site, some of which has been provided by third parties for whom EBRRA has no responsibility, regardless of the nature or degree of any fault of EBRRA. If you use the Site, you expressly assume any risk that any data or information on the Site may be unavailable, inaccurate, incomplete, out-of-date, or may contain typographical or other errors. EBRRA may modify or delete data or information, including categories of data and information, at any time, without any prior notification.
Intellectual property rights. Although much of the data and information on the Site has been obtained from public records, EBRRA or other parties own copyrights in some of the material on the Site, including the photographs on the Site, which are protected by copyright laws, and EBRRA or other parties own copyrights in the compilation of the remaining information, which compilation is protected by copyright laws. EBRRA grants you a nonexclusive license to view, download, and print data and information on the Site for your personal noncommercial use and for your commercial use in connection with a development or redevelopment project consistent with the mission of EBRRA. You may not otherwise reproduce, distribute, display, or prepare derivative works from the data or information on the Site. Apart from the nonexclusive license that EBRRA grants, you will not obtain any ownership of, or rights in, any data or information viewed, downloaded, or printed from the Site. You may not sell any data or information, of any type and in any format, obtained from the Site.
Site security. EBRRA does not warrant or represent that the Site or its computer systems associated with the Internet are secure from unauthorized or other unwanted access or intrusion, including access by third parties, that may result in harm to you, your computer, or your computer network. EBRRA expressly disclaims any warranty against, and will not be liable for, any intrusion or unwanted access that causes any harm to you, regardless of whether a third party has caused the harm. If you use the Site, you expressly assume any risk from unauthorized or other unwanted access or intrusion, whether or not by a third party. EBRRA disclaims any warranty that the Site, including any file on the Site, is free from viruses or any other malware or harmful files and will not be liable for any of these that may affect your computer or your computer network. If you use the Site, then you assume the risk of unauthorized or other unwanted access or intrusion and of viruses and other malware or harmful files.
Privacy. The only personal information that EBRRA collects from you, which you voluntarily provide when registering to use the Site, are your name; e-mail address; employer; position; address; and telephone number, and a user name, a password, and security question. EBRRA will not sell or rent your registration information. EBRRA will not intentionally disclose your registration information, except pursuant to a subpoena, court order, search warrant, or as otherwise required by law or legal process, or when EBRRA has reason to believe that disclosing this information will be helpful in enforcing EBRRA’s rights, or protecting EBRRA or other users of the Site. Your providing this personal information to EBRRA will not create any obligation on the part of EBRRA to safeguard or otherwise keep this information secure and EBRRA will not be liable for any damages that may result from our unintentionally disclosing this information or from a third party gaining access to this information.
Computer privacy. When you access the Site, EBRRA’s computer system will record your IP address anonymously, and transfer a file (sometimes known as a “cookie”) to your computer that will enable EBRRA’s system to identify your computer and maintain your connection to the Site. This file will not store information about you other than an identification of your computer for connection purposes and will expire after thirty minutes of inactivity.
Internet security. Transmissions over the Internet are not secure and are subject to interception and the disclosure of the contents of the transmission. EBRRA will not be liable for any damages from the disclosure of any data or information that you transmit to EBRRA over the Internet.
Links. EBRRA may provide links from the Site to other web sites or to e-mail addresses for your information and convenience only. EBRRA disclaims any warranty in connection with your use of other web sites or e-mail addresses, access to which you may gain from a link on the Site, and will not be liable for your use of any web site or e-mail address to which you may gain access from a link on the Site. EBRRA is not responsible for the availability or content of these other web sites and EBRRA’s provision of links on the Site to external web sites is not an endorsement, approval, referral, advertising, offer, or solicitation with respect to other web sites or persons. After you link to another web site, you are subject to the conditions of use and privacy policies of the other site. These other web sites may have different and more restrictive conditions of use and different privacy policies, and may collect and use computer information and personal data and information from visitors to these other sites differently from EBRRA.
Breaches by users. EBRRA may, in its discretion, revoke any registration and bar access to the Site if you breach any provision in this Agreement. Because any unauthorized use of the Site will be the breach of an obligation not to do and may cause immediate injury to the Company, and because monetary damages will be difficult to determine for any of these breaches, in addition to monetary damages and to any other remedy available under this Agreement or at law, EBRRA will be entitled to specific performance of this Agreement, enforceable by equitable relief, including temporary, preliminary, and permanent injunctive relief, without the necessity of proving actual damage or irreparable injury, and without posting any bond or other security, unless these are required by non-waivable applicable law, and you consent to whatever equitable relief may be necessary to obtain specific performance of these obligations, to prevent any threatened breach of these obligations, or otherwise to enforce these obligations or EBRRA’s rights under this Agreement.
Communications with users. EBRRA may use your registration information to communicate with you regarding your use of the Site and your performance of your obligations under this Agreement.
Changes to this Agreement. EBRRA may change this Agreement at any time, without any prior notice to you. If EBRRA changes this Agreement, then you will be required to consent to the revised Agreement after reviewing it, before gaining access to and using the Site, notwithstanding any registration prior to the changes. Your use of the Site subsequent to modification of this Agreement will be governed by the amended Agreement.
Governing Law. This Agreement, including its interpretation and enforcement, will be governed by the laws of the State of Louisiana, excluding its conflicts of laws rules.
Jurisdiction and venue. You irrevocably consent to the personal jurisdiction of, and venue in, the United District Court for the Middle District of Louisiana, if this court has subject matter jurisdiction, and to the Nineteenth Judicial District Court for the State of Louisiana, which courts will have exclusive jurisdiction over any claim or cause of action arising from your use of the Site or under this Agreement.
Limitations period. If you have a claim or cause of action arising from your use of the Site or under this Agreement, then you must file a legal action within one year after the claim or cause of action arises.
Reformation, Severability, and Enforceability. If any provision or part of a provision in this Agreement is held to be unenforceable, then any court with subject matter jurisdiction and personal jurisdiction over the parties may modify the provision to the extent necessary for the provision and this Agreement to be enforceable. If any such provision or part of a provision is held not to be susceptible of reformation without materially altering the intention of this Agreement, then it will be ignored and the remaining provisions will be enforced.
Assignment. This Agreement will be personal to you and you will not assign or otherwise transfer, in whole or in part, in any manner, this Agreement, or any right, interest, or obligation of yours under this Agreement. EBRRA may assign this Agreement to a successor to the Site. This Agreement will otherwise inure to the benefit of, and be enforceable against, the successors and legal representatives of you and EBRRA.
Waiver. A waiver of any obligation or provision in this Agreement by any party will be made in writing only, signed by the party giving the waiver. Oral waivers will have no effect. Any waiver of an obligation or provision in this Agreement will not constitute a continuing waiver of that obligation or provision, and will not constitute a waiver of any other obligation or provision. Any waiver of a breach of any obligation or provision will not constitute a waiver of another breach of the same obligation or provision or of any other breach.
If you have read, understand, and agree to the foregoing provisions in this Agreement, and wish to access and use the Site under this Agreement, then you must click on the button below labeled “I AGREE TO THE CONDITIONS OF USE.” If you do not agree to the foregoing provisions in this Agreement, or do not wish to proceed to the Site, then click the “EXIT” button, which will return you to EBRRA’s general web site.