Store Policy

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Building Code Masters and located at www.buildingcodemasters.com (the “Site”) including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the services that enable you to study, utilize, learn, observe, and answer building codes and standard questions (the “Services”). This Agreement is legally binding between you, the person using this Site, and Building Code Masters. Terms such as “we,” “our” and “us” refer to Building Code Masters.

 

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO Building Code Masters’ PRIVACY POLICY LOCATED AT https://www.buildingcodemasters.com/store-policy (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION OR PLAN THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services.

 

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

 

Building Code Masters may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

 

Ability to Enter into this Agreement

 

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

 

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Building Code Masters, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

 

Before you continue, you should print or save a local copy of this Agreement for your records.

 

Your Profile Information and Account

 

In order to access certain Services, you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Building Code Masters for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Building Code Masters immediately in writing.

 

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Building Code masters immediately in writing.

 

By providing us with your e-mail address, you agree to receive all required notices electronically to that email address. It is your responsibility to update or change that email address, as appropriate.

 

By providing us with your phone number, you agree to allow Building Code Masters to contact you via that telephone number regarding all billing notices and/or inquiries (including, but not limited to: payment issues, billing discrepancies, declined/failed payments, and/or expired payment methods). It is your responsibility to update or change that phone number, as appropriate via your account page.

 

Fees

 

You shall pay all fees for single use purchases for Services or use of the Site. Single use purchases are assessed at time of purchase and shall be paid in full prior to usage of Services.

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You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We may charge you a periodic fee based on the Subscription you choose. Such fees may be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. There will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.

 

We reserve the right to modify our billing rates at any time for future Services by posting such fee changes to the Services or on the Site.

 

At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program” or “Promotional Event”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions, or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.

 

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.

 

All prices listed, fees, charges, and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.

 

Intellectual Property Rights

 

All right, title, interest and ownership and intellectual property rights in and to the Site, Building Code Masters trademarks and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your Content, are and will remain the property of Building Code Masters or its software or content suppliers. The Site is protected under Canada, the United States, and international copyright, trademark, and other laws and treaties.

 

Subject to the terms and conditions of this Agreement, Building Code Masters grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.

 

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Building Code Masters related to the Services, the Site or Building Code Masters or its business (“Feedback”) shall become Building Code Masters’ property without any compensation or other consideration payable to you by Building Code Masters, and you do so of your own free will and volition. Building Code Masters may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Building Code Masters may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Building Code Masters in any Feedback and, as applicable, waive any moral rights.

 

Building Code Masters owns any test results, data information, and other output generated by your use of the Site and/or the Services during the term of this Agreement.

 

Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Building Code Masters or its Affiliates.

 

Confidential Information

 

You agree to safeguard, keep secret, and not to disclose to any third party, any Confidential Information acquired, learned, or provided from Building Code Masters during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, building codes, building code questions and improvements of any kinds.

 

Disclaimer of Warranties

 

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Building Code Masters EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

 

Building Code Masters DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, Building Code Masters MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT Building Code Masters, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. Building Code Masters MAKES NO GUARANTEE REGARDING: (A) THE SECURITY OF ANY INFORMATION PROVIDED BY YOU INCLUDING BUT NOT LIMITED TO YOUR API; OR (B) YOUR RESULTS IN ACHIEVING ANY CERTIFICATION OFFERED BY AN EXAMINING BODY (ICC, OR STATE BOARD).

 

Building Code Masters IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY Building Code Masters, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY Building Code Masters.

 

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. Building Code Masters DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Building Code Masters OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

THE SITE IS OFFERED AND CONTROLLED BY Building Code Masters FROM ITS FACILITIES IN THE UNITED STATES. Building Code Masters MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

Web Content Accessibility Guidelines Compliance Disclaimer (“WCAG Disclaimer”)

 

YOU ACKNOWLEDGE AND AGREE THAT Building Code Masters DO NOT WARRANTY, ASSURE AND/OR GUARANTEE THAT ITS SOFTWARE IS OR SHALL EVER BE COMPLIANT WITH THE WEB CONTENT ACCESSIBILITY GUIDELINES PURSUANT TO WCAG 2.0, WCAG 2.1, AND/OR ANY SUCCESSOR LAWS OR GUIDELINES (COLLECTIVELY, “WCAG COMPLIANCE”).

 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT Building Code Masters DOES NOT WARRANTY, ASSURE AND/OR GUARANTEE THAT ITS SOFTWARE, CODING, AND/OR PHP PROGRAMMING LANGUAGE CAN BE MODIFIED TO MEET WCAG COMPLIANCE.

 

BY USING AND/OR DOWNLOADING Building Code Masters YOU EXPRESSLY ACCEPT Building Code Masters AS-IS AND AGREE TO BE FULLY RESPONSIBLE AND SOLELY LIABLE TO ENSURE THAT YOUR OF Building Code Masters MEETS WCAG COMPLIANCE AND ANY OTHER ACCESSIBILITY REGULATIONS, AS REQUIRED BY LAW, WHICH MAY CHANGE FROM TIME-TO-TIME.

 

IN THE EVENT THERE ARE ANY CONTRADICTIONS BETWEEN THE TERMS CONTAINED IN THIS WCAG DISCLAIMER AND ANY OTHER TERMS OF SERVICE ON THIS SITE, THEN THE TERMS HEREIN SHALL CONTROL AS TO INCONSISTENCIES.

 

Inactive License

 

If your license becomes inactive and is otherwise no longer valid, (a) Building Code Masters will no longer be obligated to provide you the Services, (b) your account may not be accessible by you to download files or access practice material on the Site, (c) you will immediately stop using Services, and (d) all licenses and other rights granted to you under the Agreement will immediately cease. Building Code Masters will not be liable to you or any third party for termination of this Agreement or any termination or suspension of your use of the Services.

 

YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE DELETED FROM YOUR ACCOUNT UPON YOUR LICENSE BECOMING INACTIVE. THIS CONTENT CANNOT BE RECOVERED ONCE DELETED. IF YOUR LICENSE IS NOT ACTIVE, Building Code Masters WILL NOT STORE CONTENT ON YOUR BEHALF.

 

Limitation of Liability / Exclusion of Consequential and Related Damages

 

NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION OF THE AGREEMENT.

 

IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

 

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN Building Code Masters AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT Building Code Masters WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

 

Building Code Masters reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Building Code Masters shall have no liability whatsoever for any damages, liabilities, losses, or any other consequences that you may incur as a result of any such modification, suspension, or discontinuance.

 

Indemnity

 

You agree to indemnify, defend, and hold harmless Building Code Masters, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third-party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Building Code Masters reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Building Code Masters and you agree to cooperate with Building Code Masters ' defense of these claims. You agree not to settle any matter without the prior written consent of Building Code Masters. Building Code Masters will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

Automatic Renewal

 

Unless you notify Building Code Masters before the end of the applicable subscription period that you want to cancel your renewal, some applicable subscription plans may automatically renew and you authorize us to collect the then-applicable annual or monthly subscription for such Renewal using any credit card or other payment medium we have on record for you. A subscription can be canceled at any time in the Subscriptions section of your dashboard.

 

Cancellation and Termination

 

If you wish to cancel your Subscription, you can do so by logging into your account and proceeding with this option through the subscriptions section menu. If you are unable to find this option within the subscriptions section or if you have questions or need assistance, please contact Building Code Masters directly and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account for the entire term of any subscription plan purchased.

 

Upon cancellation of your Subscription, Building Code Masters is under no obligation to maintain or store your account information or Content. Building Code Masters may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with Building Code Masters ' processes and practices.

 

Building Code Masters reserves the right at any time, and without cost, charge, or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Building Code Masters may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription, or Services for any violation or suspected violation of this Agreement. Building Code Masters also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. Building Code Masters reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

 

Refund Policy

 

All digital sales are considered final. Refunds reserves the right to not issue refunds for sales and services that have been downloaded or accessed. Refunds may be considered for items which are undeliverable to the provided information or not accessible at the time of purchase. Building Code Masters reserves the right to refund any transaction at any time should it deem fit.

 

In order to request a refund, you must inform Building Code Masters of your request by means of a clear statement and description including the following (a) Order number (b) Date of purchase (c) Name of billing entity. You can inform us of your request by visiting this page on our website:

 

https://www.buildingcodemasters.com/contact

 

If adequate notice is not received and your credit card is subsequently charged, you will not receive a refund.

 

Discount Policy

 

On occasion, Building Code Masters may offer promotional events in the form of discount codes. Discount codes are applied on an introductory basis, meaning that are only applied for the first term of the subscription selected. Discount codes do not perpetuate with the life of the subscription. After your initial term has passed, subscriptions will be charged the regular price.

 

Agreement to Governing Law and Jurisdiction

 

If there is any dispute between you and Building Code Masters about or involving this Agreement, the Site, or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

 

Severability

 

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

 

Legal Remedies

 

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

 

You agree that if Building Code Masters does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Building Code Masters has the benefit of under any applicable law), this will not be taken to be a formal waiver of Building Code Masters' rights and that those rights or remedies will still be available to Building Code Masters.

 

Surviving Provisions

 

The sections of “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity” and “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.

 

Manner of Giving Notice

 

Except as otherwise specified in this Agreement, all notices, permissions, and approvals hereunder shall be in writing via electronic mail to: contact@buildingcodemasters.com and shall be deemed to have been given upon: (i) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.