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  DPD : Planning : Terms of Use

Terms Of Use
For the Division of Planning and Development Web Site

This web site was developed with Congestion Mitigation Air Quality (CMAQ) funds in cooperation with the U.S. Department of Transportation, Federal Highway Administration and Tennessee Department of Transportation.

IF YOU DO NOT AGREE TO OR UNDERSTAND ANY OR ALL OF THESE TERMS, PLEASE DO NO USE THE WEB SITE AND/OR PAGES.

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Privacy Notice 

DPD, City of Memphis and/or Shelby County recognizes the importance of protecting the privacy of the users of this web site. DPD, City of Memphis and/or Shelby County World Wide Web site is a fundamental communication tool for providing critical and informative DPD information and interactive services to its consumers. The goal of the DPD Web site is to encourage user participation in City/County government, to enable electronic service delivery to the public, and to help create a better community. 

Personal/Confidential Information

DPD, City of Memphis and Shelby County does not use its web site to collect personal information for any purpose other than to respond to a user’s request or input, or to complete an online transaction, as more fully described below. DPD, City of Memphis and Shelby County does not collect information for commercial marketing from this site and will not send you unsolicited email for any commercial offers or advertisements at any time. 

DPD, City of Memphis and Shelby County does not create individual profiles with the information provided by users of this site, nor does it give such personal information to third parties or private organizations. DPD does not track information about individuals and their visits. The information does not identify you personally. Web usage summary statistics are gathered for site management and other purposes such as determining technical design specifications, identifying system performances issues and assessing what information is of most and least interest to our users. 

The following information we do automatically collect and store about your visit: 

  1. The Internet domain and IP address from which you access this website;
  2. The type of browser and operating system used to access the site; 
  3. The date, time and duration of the visit; 
  4. The pages visited; and 
  5. If you link to this site from another website, the address of that site. 

If a user chooses to provide personal information, such as sending an email to a DPD employee or by filling out and submitting an online form on the web site, DPD may use that information to respond to the user’s message and to assist in obtaining information the user may have requested. DPD treats emails and submitted online forms the same way it treats letters to a Department. 

In order to provide electronic commerce capabilities, the name, address and payment information (if applicable) that the user might provide when using this website may be collected, processed and disclosed to complete an online transaction and for record keeping for billing, permits, licenses and other business-related purposes. 

Cookies or other technology may transfer information form this website to the hard disk on your computer for record keeping purposes. Cookies are similar technology can make the Internet more useful by storing information about your preferences on a particular site. The use of cookies or similar technology is an industry standard, and many major websites use them to provide features that users find useful. Cookies identify a user’s computer but not personally identify users. Most browsers are initially set up to accept cookies but you can set your computer to refuse cookies. However, you may not be able to take full advantage of everything offered on the site if you do so. 

Notwithstanding the above provisions of this section, information submitted to the DPD Web site may be subject to disclosure to another party provided by law. 

Privacy Policy for Minors 

Any information collected by any DPD Web site from children 13 and under is subject to the same guidelines of the DPD’s general privacy policy. 


DPD DISCLAIMERS

Notice to City 

Communications made through the Memphis and Shelby County Division of Planning and Development (DPD) Web site shall in no way be deemed to constitute legal or official notice to the City of Memphis or County of Shelby, its agencies, officers, employees, representatives, or agents with respect to any existing, pending, or future claim or cause of action against the City of Memphis or County of Shelby or any of its agencies, officers, employees, representatives, or agents where notice is required by federal, state, or local law. No communication to the City of Memphis or County of Shelby made through this Web site shall be deemed to constitute legal or official notice for any purpose. 

Material and information on the DPD Web site are provided as a public service and intended to afford general guidelines on matters of public interest. Accordingly, the information in this side is not intended to serve as legal, accounting or tax advice. Except for the third party materials described below, the materials and information on this site were generated, compiled, or assembled at public expense and are freely available for non-commercial, non-profit making use, provided the user keeps intact all associated copyright, trademark, and other proprietary notices. The materials and information on this site may not be "mirrored" on another server without the written permission from the Director of DPD. 

Prohibitions

Attempts to upload information or change information on the DPD Web site are strictly prohibited unless specifically authorized in writing by Director of DPD. This prohibition does not apply to a user’s submission of information via an on-line form created DPD for that purpose. 

The City of Memphis and County of Shelby prohibits the use of the seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such us is approved, endorsed, or authorized bye the City of Memphis and County of Shelby. 

Jurisdiction 

These terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflict of laws. You agree that any action at law or equity arising out of or relating to these terms shall be filed only in the state or federal court located in Memphis Shelby County Tennessee and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action. IF any of these terms or provisions shall be deemed unlawful, void, or any reason unenforceable, then that term or provision shall be deemed severable from the remaining terms and provisions and shall not affect the validity and enforceability of any remaining terms and provisions. This is the entire agreement relating to the subject matter herein and shall not be modified except in writing and signed by all authorized parties. 

Restrictions on Use of Materials 

This site is operated and maintained by the County of Shelby through its Department of Information Technology and DPD E-Government Office. Except as provided herein, no material or information from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed except as authorized in this notice, expressly authorized within this site, or approved in writing from the Director of DPD.

Copyright Notice 

Unless a copyright is indicated, information on the DPD Web site is in the public domain and may be reproduced, published or otherwise used with the DPD permission. We request only that the DPD be cited as the source of the information and that any photo credits, graphics or byline be similarly credited to the photographer, author or DPD, as appropriate. 

If a copyright is indicated on a photo, graphic, or any other material, permission to copy these materials must be obtained from the original source. 

Using or modifying this site’s material and information for commercial or profit making purposes is prohibited and may violate the copyrights and/or other proprietary rights of DPD, the City of Memphis and County of Shelby or third parties. 

DPD respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DPD the following information: 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
  2. A description of the copyrighted work that you claim has been infringed; 
  3. A description of where the material you claim is infringing is located on the site; 
  4. Your address, telephone number and email address;
  5. A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. A statement by you made under the penalty of perjury under the laws of the State of Tennessee, that the above information in your Notice to DPD is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

This notice of claimed infringement of copyright does not constitute a wavier of the requirements of State of Tennessee. 

DPD Agent of Notice of claims of copyright infringement on its Web site is Martha Lott who can be reached as follows: 

By mail: 

Martha Lott 
E-Government Manager 
Shelby County Government 
Division of Planning and Development 
1075 Mullin Station Road 
Memphis, TN 38134 

By email: 

mlott@co.shelby.tn.us. 

This copyright notice does not pertain to information at Web sites other than the DPD Web site. 

Third Party Materials

Some materials and information used on the DPD Web site were generated by third parties who have consented to DPD use or placement of such materials on this site. Those parties own these materials. Use of these third party materials fro any purpose is prohibited. Persons seeking to use or modify third party materials for any purpose should contact the owner of such materials directly. These materials include icons and graphics used in links to other organization’s sites, as well as various items of general content. 


Disclaimer of Endorsement

Reference in this site to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by DPD, City of Memphis and/or County of Shelby. The views and opinions of the authors of documents published on the DPD Web site do not necessarily state of reflect the opinion of DPD, City of Memphis and/or County of Shelby, and shall not be used for advertising or product endorsement purposes. 

Disclaimer of Hypertext Links 

The DPD Web site may contain hypertext links to other sites on the Internet. DPD is not responsible for the content, quality, or accuracy of any off-site materials referenced or linked through the DPD Web site. By using the DPD Web site, the user acknowledges and accepts that DPD, City of Memphis and/or Shelby County is not responsible for any materials stored on other Internet sites, nor it is liable for any inaccurate, defamatory, offensive, or illegal materials found on other Internet sites, and that the risk injury for viewing, hearing, downloading, or storing such materials rests entirely on the user. 

Links from the DPD Web site to other sites on the Internet do no constitute an endorsement of DPD, City of Memphis and/or Shelby County. These links are provided for informational purposes only. It is the responsibility of the user to evaluate the content, quality, and accuracy of materials or information obtained from other sites. 

Disclaimer of Liability 

DPD, City of Memphis and/or Shelby County shall not be held liable for any improper or incorrect use of the materials or information contained on this site and assumes no responsibility for any user’s use of them. In no event shall DPD, City of Memphis and/or Shelby County be liable for any damages, whether direct, indirect, incidental, special, exemplary or consequential (including, but not limited to, business interruption or loss of use, data, or profits) regardless of cause, and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this site or the materials and information contained on this site, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication line failure, theft, or destruction of data, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. 

Users are encouraged to consult with appropriate and accredited professional advisors for advice concerning specific matters before making any decision, and DPD, City of Memphis and/or Shelby County disclaims any responsibility for positions taken by individuals or corporations in their individual cases or for any misunderstanding and losses, directly or indirectly, on the part of the users. 

Disclaimer of Warranties/Accuracy and Use of Information 

The materials in this site are provided "as is" and without warranties of any kind express or implied. To the fullest extent permissible to applicable law, DPD, City of Memphis and/or Shelby County disclaims all warranties, expressed or implied, including but not limited to, implied warranties or merchant ability, fitness for a particular purpose and title to any of the materials provided on this site. DPD does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it free of viruses or other harmful components. DPD does no warrant or many any representations regarding the use or the results of the use of the materials in this site, or through links to other sites, in terms of their correctness, accuracy, reliability or otherwise. User (and not DPD, City of Memphis and/or Shelby County) assumes the entire cost of all necessary servicing, repair, or correction. 

Changes are made periodically to many DPD documents, including municipal codes, charter sections, regulations, guidelines, and schedules, and these changes may or may not be reflected in the materials or information present on the DPD Web site. Additionally, because the site is frequently under development, materials and information may deleted, modified or moved to a different part of the site without advance notice. 

Exception to Disclaimers, If Applicable 

Certain State Laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnification 

To the extent permitted by applicable law, by using the DPD Web site, the user agrees to defend, indemnify, and hold harmless, DPD, City of Memphis and/or Shelby County, its agencies, officers, employees, representatives, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the user’s use of this site or materials and information contained on this site. 

IF YOU DO NOT AGREE TO OR UNDERSTAND ANY OR ALL OF THESE TERMS, PLEASE DO NOT USE THE WEB SITE AND/OR PAGES. 

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© 2003 Memphis & Shelby County Division of Planning and Development
125 N. Main Street Room 468 Memphis, TN 38103   PHN: (901)576-6601   FAX: (901)576-6603
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