Terms of Service
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
TERMS OF USE
1. INTRODUCTION
The following Terms of Use (“Terms of Use”) set forth the terms and conditions applicable to and governing your access to and use of any website or mobile app on which these Terms of Use are posted (collectively, the “Site”). This Site is provided by Code Pro Resources, LLC and its affiliates, employees and agents (collectively, “Code Pro”; “we” or “us”) as a service to our customers. As used herein, the words “you” and “your” refer to both individuals, and to business entities on behalf of which individuals may be, accessing or using the Site. Please note that your acceptance of these Terms of Use or your continued use of the Site constitutes your agreement to follow and be bound by these Terms of Use. Individuals using the Site on behalf of their employer or other business entity hereby represent and warrant that they have the authority to bind such employer or other business entity to these Terms of Use.
CODE PRO RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU BY POSTING UPDATED TERMS ON THIS SITE. FOR THIS REASON, WE RECOMMEND THAT YOU REVIEW THESE TERMS OF USE WHENEVER YOU USE THIS SITE. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ANY PART OF THESE TERMS OF USE, DO NOT USE THIS SITE.
2. THE SERVICES
This Site consists of code services related to standard building code interpretations for a residential and commercial projects and other similar matter related thereto. Unless otherwise agreed by Code Proin a separate written agreement with you, the services provided are made available solely for your use.
3. ARBITRATION NOTICE
These Terms of Use contain a binding arbitration agreement including a waiver of any right to participate in a class action lawsuit or classwide arbitration. Please see the “Arbitration Agreement and Class Action Waiver” section below for additional details.
4. PRIVACY POLICY
In addition to these Terms of Use, your use of the Services on the Site shall constitute your agreement to Code Pro’s Privacy Policy .
5. USE OF SITE CONTENT AND THIRD-PARTY SITES
References on this Site to any names, marks, products or services of third parties, or hypertext links to third-party sites or information, are provided solely as a convenience to you and do not in any way constitute or imply Code Pro’s endorsement, sponsorship or recommendation of the third party, its information, products or services. Code Pro is not responsible for the practices or policies of such third parties, nor the content of any third-party sites, and does not make any representations regarding third-party products or services, or the content or accuracy of any material on such third-party sites. Use or access to such third-party sites are at your own risk.
6. COPYRIGHT AND TRADEMARK POLICY
Unless otherwise noted, all Contents contained herein are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Code Pro, or its affiliates or third parties who have licensed their materials to Code Pro and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of Code Pro and is also protected by U.S. and international copyright laws. Code Pro and its suppliers, affiliates, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Code Pro’s or any third party’s intellectual property rights. The Code Pro names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Code Pro. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner, except as may be expressly permitted herein.
7. REGISTRATION, COMMENTS, AND SUBMISSIONS
When you or your business register as a user of the Site, you will be asked to disclose personal information which may include, without limitation, your name, your business name, physical address, email address, a preferred and alternate phone number, the Business’ FEIN, and the type of business. Code Pro may refuse to grant you, and you may not use, without the owner’s authorization, an email address that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person; or is vulgar or otherwise offensive. You agree to notify Code Pro of any unauthorized use of your account or any other breach of security with respect to your account. Code Pro will not be liable for any loss or damage arising from unauthorized use of your account. You agree to provide true, accurate, current and complete information about yourself as requested in the registration form. You also agree to update the information about yourself as necessary to keep it current and accurate.
For all questions, inquiries, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, offered or otherwise communicated to Code Pro on or through this Site, including any chat functionality available through the Site, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant Code Pro a royalty-free, irrevocable, transferable right and license to use the Comments however Code Pro desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. Code Pro will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
You agree that any Comments submitted by you to the Site: will not violate these Terms of Use or the guidelines set forth inany right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s); will not cause injury to any person or entity; and are accurate, truthful, not misleading, offered in good faith and lawful.
YOU ARE SOLELY RESPONSIBLE FOR ANY COMMENTS THAT YOU SUBMIT, THE CONSEQUENCES OF POSTING THOSE COMMENTS AND YOUR RELIANCE ON ANY COMMUNICATIONS FOUND IN ANY COMMENTS. CODE PRO TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY COMMENTS SUBMITTED BY YOU OR ANY THIRD PARTY.
Furthermore, for all plans, drawings, specifications, and other submissions disclosed, submitted, offered or otherwise communicated to Code Pro on or through this Site (collectively “submissions”), you represent and warrant that:
(i) you either are the sole and exclusive owner of all submissions or you have all rights, licenses, consents and releases necessary to grant Code Pro the license to the submissions; and
(ii) neither the submission, uploading, publishing or otherwise making available of such submission nor Code Pro’s use of the submissions as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
8. LIMITATION CONCERNING ADVICE
Code Pro may post information on the Site providing answers to your questions and opinions based upon Code Pro’s interpretation pursuant to the codes adopted by the International Code Council (“ICC”). This information is solely intended to provide you with general information, answers and opinions regarding building code compliance based upon standards set forth by the ICC. Code Pro is not responsible for determining which state and local rules and regulations may apply to your project.
By using this Site, you understand and agree that:
(a) Code Pro is not acting as an advisor, fiduciary, agent, or representative for you;
(b) you will not rely upon any representations (whether electronic, written or oral and whether or not contained on this site) of Code Pro contained herein;
(c) you have not engaged Code Pro (directly or indirectly through any other person) to provide any advice, counsel, assurance, guarantee or representation whatsoever as to the expected or projected success, performance, result, effect, or consequence; and
(d) you will consult upon your own judgment and upon any advice from such advisors, and not upon any view expressed by Code Pro.
9. SUBSCRIPTION SERVICES
A. Introduction.
Code Pro requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use.
B. General.
Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
C. Subscriptions.
Code Pro Subscriptions fall within a
(1) question package, which entitles you to ask a certain number of question(s) to Code Pro (collectively, “question package”) and
(2) monthly and annual memberships (collectively “membership subscriptions”). You will be charged a Subscription fee based upon your subscription, plus any applicable taxes, and other charges (“Subscription Fee”), as follows.
(i) Question Package Subscription. For each question package, you will be charged in full at the beginning of your subscription and your subscription is non-refundable.
(ii) Monthly Membership Subscriptions. You will be charged in full at beginning of your monthly membership subscription. Your monthly membership subscription will automatically renew each monthif not cancelled prior to the 1st day of each 30 day period following the initiation of your monthly membership subscription. Monthly membership subscription fees are non-refundable.You may cancel your monthly membership subscription at an time, and such cancellation will be effective at the end of the then-current monthly period. You may still utilize Code Pro services until the end of the monthly period.
(iii) Annual Membership Subscriptions. You will be charged in full at the beginning of your annual membership subscription and it will automatically renew on an annual basis at the then-current Subscription Fee until you cancel your annual membership subscription.
(iv) BY PURCHASING A MONTHLY OR ANNUAL SUBSCRIPTION, YOU AUTHORIZE CODE PRO TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH HEREIN.
(v) If you purchase a Monthly or Annual Membership Subscription, we (or our third-party payment processor) will automatically charge you each month or year on the 30th day or anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription.
(vi) For annual membership subscriptions, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, Code Pro will send you a reminder with the then-current Subscription Fee.
(vii) By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Code Pro. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
D. Cancelling Annual Membership Subscription.
You may cancel an Annual Membership Subscription for a full refund within ten (10) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME.
Without limiting the foregoing, you may cancel your Annual Membership Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
To cancel, you can send an email to team@thecodepros.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
10. ARBITRATION AND CLASS ACTION WAIVER
A. Informal Dispute Resolution.
Prior to submitting an arbitration demand, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Code Pro, and good faith negotiations shall be a condition to either party initiating an arbitration demand. For informal resolution, you agree to contact Code Pro at ____________________ or Code Pro may contact You using the last available information it has for you. This informal dispute resolution requirements is a prerequisite for any claim.
B. MANDATORY ARBITRATION.
YOU AND CODE PRO AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATE TO YOUR USE OF THE SITE (EACH, A “DISPUTE”) TO BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE UNITED STATES CODE), WHICH SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”). YOU AND CODE PRO WAIVE THE RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO HAVE A DISPUTE HEARD IN COURT.
In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association (“AAA“) will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the State of South Carolina or another mutually agreed location. The AAA’s Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA’s Commercial Arbitration Rules will apply. The AAA’s rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and Code Pro agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.
The arbitrator will decide all issues relating to the enforceability, interpretation, scope and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms of Use, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term “Dispute” and the requirement to arbitrate will be broadly interpreted.
C. Arbitration Class Action Waiver.
You and Code Pro agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.
D. Fees and Costs in Arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
E. Non-Arbitration Class Action and Jury Waiver.
You and Code Pro agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Code Pro waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Code Pro may be a class representative or class member or otherwise participate in any class, representative, consolidated or private attorney general proceeding.
F. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS OF USE, OR (2) THE DATE YOU FIRST SIGNED AN AGREEMENT WITH CODE PRO THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to:
Code Pro Resources, LLC
477 Phillips Circle
Pacolet, SC 29372
The opt-out notice must state that you do not agree to this Arbitration Agreement and must include the name, address, phone number and email address associated with your account with us. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.
11. TERMINATION
These Terms of Use are effective unless and until terminated by either you or Code Pro. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Code Pro also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Code Pro’s sole discretion you fail to comply with any term or provision of these Terms of Use, or for any other reason. Upon any termination of these Terms of Use by either you or Code Pro, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: “Arbitration Agreement and Class Action Waiver,” “Third-Party Sites,” “Copyrights and Trademarks,” “Limitation Concerning Advice,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” “Registration, Submissions, and Comments” and “General Terms”.
12. DISCLAIMER
THIS SITE IS PROVIDED BY CODE PRO ON AN “AS IS” AND “AS AVAILABLE” BASIS. CODE PRO, ON BEHALF OF ITSELF AND ITS EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CODE PRO, ON BEHALF OF ITSELF AND ITS EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CODE PRO AND ITS AFFILIATES, ON BEHALF OF ITSELF AND ITS EMPLOYEES AND AGENTSDISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CODE PRO, OR ITS DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CODE PRO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CODE PRO, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Some jurisdictions do not allow certain limitations on damages, so the limitations and exclusions above may not apply to you. If this section is held to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law. In the event that any provision of the above paragraph is found by a court of competent jurisdiction to exceed the restrictions permitted by applicable law, then the court shall have the power to reduce, limit or reform such provision to make it enforceable to the maximum extent permitted by law, and such provision shall then be enforceable in its reduced, limited oreformed manner; provided, however, that a provision shall be enforceable in its reduced, limited or reformed manner only in the particular jurisdiction in which a court of competent jurisdiction makes such determination. In addition, the parties agree that the provisions of the above paragraph shall be severable in accordance with the terms of these Terms of Use.
14. GENERAL TERMS
A. Choice of Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles.
B. Severability.
In the event that one or more portions of these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in the Terms of Use.
C. Headings.
The headings used throughout these Terms of Use are solely for the convenience of reference and are not to be used as an aid in the interpretation of the Terms of Use.
D. No Waiver.
Any delay or failure by You or Us, at any time or times, to require performance of any provision of these Terms of Use shall in no manner affect Your or Our right at a later time to enforce such provision. No delay or failure of You or Us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
E. Entire Agreement, Updates and Modifications.
These Terms of Use and any policies, documents, and terms expressly incorporated by reference constitute the entire agreement between us and you pertaining to the subject matter hereof. In our sole discretion, we may unilaterally amend or modify these Terms of Use or any other materials referenced herein at any time by posting on the Services. The date of the most recent revision will appear at the top of this page. If we have an e-mail contact for You and the changes to these Terms of Use are material, we may notify you of such changes by sending you an e-mail to the address you have provided to Us. We encourage you to review these Terms of Use periodically for any updates or changes. Any amended or modified terms will be effective upon posting or at the time set forth in an e-mail notice to you. Continued use of the Services constitutes acceptance of any modified terms and conditions.
F. Assignment.
You may not assign your rights or delegate your responsibilities hereunder without our express written permission. We may, at any time, assign our rights or delegate our obligations hereunder without notice to you.
G. Third Party Beneficiary Rights.
Except as otherwise expressly stated, no person or entity not a party to these Terms of Use is intended to be a beneficiary of such Terms of Use, and no person or entity not a party to these Terms of Use shall have any right to enforce any term of such Terms of Use.
H. Code Pro may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Code Pro, with such notice deemed given when received by Code Pro at any time, by email to: team@thecodepros.com.
15. CONTACT CODE PRO
You may direct any questions about these Terms and Conditions to Code Pro by contacting Code Pro at
Code Pro Resources, LLC
477 Phillips Circle
Pacolet, SC 29372