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The
MECexpress Web site
(the "Web Site") is a service made available by
MECexpress LLC (the "Provider"), and all
information, content, proprietary images,
postings, products and services (collectively
"Content") on this Web Site may be used solely
under the following terms and conditions. By
accessing this site and submitting
projects/requesting services, you agree to the
terms as outlined in this legal notice.
Provider reserves the right to change these
terms and conditions at any time at its sole
discretion. For purposes of these Terms, "MECcheck"
shall mean code compliance software used by the
Provider, including MECcheck, REScheck, and
COMcheck.
Web Site License.
Subject to these Terms and Conditions of Use for
the Web Site ("Terms of Use"), Users of this Web
Site ("Users") are granted a nonexclusive,
nontransferable, revocable, limited license to
access and use the Web Site and any Content
provided on or through the Web Site in
accordance with these Terms of Use. Provider may
terminate this license at any time for any
reason. We do not warrant or guarantee the
accuracy, completeness, adequacy or currency of
the information contained in or linked to on the
Web Site. Users of information on the Web Site
or materials linked from the Web Site do so at
their own risk. The Content on the Web Site is
Copyright © 2002 MECexpress LLC. Any rights not
expressly granted herein are reserved.
Linking to
the Web Site.
You may provide links to the homepage of this
Web Site, provided (a) you do not remove or
obscure, by framing or otherwise,
advertisements, the copyright notice, or other
notices on this Web Site, (b) you give Provider
notice of such link by sending an e-mail to
webmaster@MECcheck.com
with details on the nature of the site content
it is to be linked to and (c) you discontinue
providing links to this Web Site if requested by
Provider. If you wish to provide links to
a specific section within the Web Site, you
should forward your request to Provider at the
email address set forth in this Paragraph.
You may not de-compile, reverse engineer,
disassemble, rent, lease, loan, sell,
sub-license, or create derivative works from the
Web Site, which includes the information and
services made available in this Web Site. You
may not copy, modify, reproduce, republish,
distribute, display, or transmit for commercial,
non-profit or public purposes all or any portion
of the Web Site. You may not use or otherwise
export or re-export the Web Site or any portion
thereof, the Content available on or through the
Web Site in violation of the export control laws
and regulations of the United States of America.
Any unauthorized use of the Web Site or its
Content is expressly prohibited.
Transaction
Security.
See our
security statement.
No
Solicitation.
Users shall not distribute on or through the Web
Site any content or material containing any
advertising, solicitation for goods, services or
funds or solicitation for Users to become
members of any enterprise or organization
without the express written permission of the
Provider. In no event may any person or entity
solicit any Users with data retrieved from this
Web Site.
Advertisers.
This Site may contain advertising and
sponsorship. Advertisers and sponsors are
responsible for ensuring that material submitted
for inclusion on the Site is accurate and
complies with applicable laws. Provider will not
be responsible for the illegality of or any
error or inaccuracy in advertiser's or sponsor's
materials.
Sweepstakes, Special Offers, and Promotions.
From time to time, Provider may run sweepstakes,
drawings, special offers, or other promotions on
the Site. These promotions are subject to
additional terms and conditions that will be
made available at the time of such promotions.
Errors and Corrections.
Provider does not represent or warrant that the
Web Site will be error-free, free of viruses or
other harmful components, or that defects will
be corrected. Provider does not warrant or
represent that the information available on or
through the Web Site will be correct, accurate,
timely, or otherwise reliable. Provider may make
improvements and/or changes to its features,
functionality or Content at any time. This Web
Site may be accessed in countries and locations
where services cannot be delivered or where
information does not apply. In no way does the
inclusion of this information indicate that
Provider can or will provide services. Please
contact Provider if you have any questions about
the applicability of this information to your
region or situation. Any feedback received
through contacts resulting from accessing this
Web Site will be non-confidential. Provider may
freely use or publish this information without
limitation, for any purpose.
Third Party Content.
Third party content may appear on this Web Site
or may be accessible via links from this Web
Site. Provider shall not be responsible for and
assumes no liability for any mistakes,
misstatements of law, Privacy policies (or lack
thereof), defamation, slander, libel, omissions,
falsehood, obscenity, pornography or profanity
in the statements, opinions, representations or
any other form of content contained in any third
party content appearing on or through the Web
Site. User understands that the information and
opinions in the third party content represent
solely the thoughts of the author and is neither
endorsed by nor does it reflect the belief of
Provider.
DISCLAIMER.
THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS.
PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES,
INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL
RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM,
ARISING OUT OF OR ANY WAY RELATED TO (A) THE
SERVICES PROVIDED IN CONNECTION WITH THIS SITE,
(B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN
DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN
THIS SITE, INCLUDING BUT NOT LIMITED TO ANY
ERRORS IN OR OMISSIONS THEREFROM, (C) THE
UNAVAILABILITY OF THIS SITE OR ANY PORTION
THEREOF, (D) YOUR USE OF THIS SITE, (E) YOUR USE
OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH
THIS SITE, (F) ANY ERRORS IN OR OMISSIONS FROM
THIS SITE AND ITS CONTENT, INCLUDING BUT NOT
LIMITED TO TECHNICAL INACCURACIES AND
TYPOGRAPHICAL ERRORS.
LIMITATION
OF LIABILITY. PROVIDER SHALL NOT BE LIABLE
FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR
DAMAGE OF ANY KIND RESULTING FROM USE OF THE WEB
SITE OR FROM THE SERVICES PROVIDED BY THE
PROVIDER. PROVIDER SHALL NOT IN ANY WAY BE
LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING
FROM, OR ARISING IN CONNECTION WITH THE USE OF
OR INABILITY TO USE THE WEB SITE, CONTENT, OR
ITS PERFORMANCE OF THE SERVICES DESCRIBED AND
ACQUIRED THROUGH THIS WEB SITE, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION. TO THE EXTENT THIS LIMITATION ON
LIABILITY IS PROHIBITED, PROVIDER'S SOLE
OBLIGATION FOR ANY AND ALL DAMAGES SHALL BE
LIMITED TO THE AMOUNT OF THE FEE PAID FOR
SERVICES OR $100.00.
Unlawful Activity.
Provider reserves the right to investigate
complaints or reported violations of our Terms
of Use and to take any action we deem
appropriate including but not limited to
reporting any suspected unlawful activity to law
enforcement officials, regulators, or other
third parties and disclosing any information
necessary or appropriate to such persons or
entities relating to User profiles, e-mail
addresses, usage history, posted materials, IP
addresses and traffic information.
Indemnification.
User is solely liable for any content, messages
or other information transmitted, provided, or
uploaded to the Web Site. User agrees to
indemnify and hold harmless Provider from any
third party claim, action, demand, loss, or
damages (including attorney's fees and costs)
arising out of or relating to violation of these
Terms of Use, use of the Web Site, or violation
of any rights of a third party.
Remedies for Violations.
Provider reserves the right to seek all remedies
available at law and in equity for violations of
these Terms of Use, including but not limited to
the right to block access from a particular
Internet address to the Provider's Web sites and
their features.
Privacy.
Use of the Web Site is subject to Provider's
Privacy Policy, available by clicking
here.
Severability of Provisions.
These Terms of Use incorporate by reference any
notices contained on the Web Site and constitute
the entire agreement with respect to access to
and use of the Web Site. If any provision of
these Terms of Use is unlawful, void or
unenforceable, then that provision shall be
deemed severable from the remaining provisions
and shall not affect their validity and
enforceability.
Modifications to Terms of Use.
Provider reserves the right to change these
Terms of Use at any time. Updated versions of
the Terms of Use will appear on this Web Site
and are effective immediately. You are
responsible for regularly reviewing the Terms of
Use. Continued use of the Web Site after any
such changes constitutes your consent to such
changes.
Trademarks.
The trademarks, logos and service marks
("Marks") displayed on this Web Site are the
property of Provider or other third parties.
MECcheck,
REScheck, COMcheck Software:
User understands that Provider utilizes MECcheck,
REScheck, and COMcheck software to perform code
compliance analysis, and that results are based
entirely on the data provided by the User and
said software. Provider is not responsible for
any errors in the software that should lead to
inaccurate or incomplete code reviews. User
understands that municipalities and states may
have code requirements that are different than
those incorporated in the MECcheck analysis, and
that it is entirely the User's responsibility to
determine whether MECcheck will be acceptable
for demonstrating code compliance for their
project.
SERVICE
AGREEMENT.
By submitting a project for compliance review,
User understands and agrees to all of the
following terms. users who submit additional
projects directly after an initial submission
through this website also agree to these terms:
(1) Provider cannot guarantee a "passing"
evaluation. Results of compliance reviews are
completely dependent on the input data and plans
provided by the User. Users UNDERSTAND THAT
THE FEE PAID FOR SERVICES IS FOR THE PROVIDER TO
PERFORM THE MECCHECK EVALUATION AND TO GENERATE
REPORTS USING THE DATA SUBMITTED BY USER; USERS
UNDERSTAND THAT THEY will be fully obligated to
make payment REGARDLESS OF THE OUTCOME OF THE
EVALUATION. payment is due at time of
submission, and provider may delay initiation of
project until after receipt of payment.
provider may elect to begin a project submitted
even if payment is not yet received, however,
user is fully responsible for payment when
billed. (2) AT THE TIME OF SUBMISSION, USER
AGREES TO PROVIDE DATA NECESSARY FOR PROVIDER TO
PERFORM THE ANALYSIS. IF WINDOW, DOOR, AND
HEATING SYSTEM VALUES ARE NOT SUBMITTED,
PROVIDER WILL PERFORM THE ANALYSIS USING DEFAULT
VALUES. AFTER THE INITIAL ANALYSIS, Provider
will adjust WINDOW, DOOR, AND HEATING SYSTEM
values of the evaluation, if given adjusted data
by the User WITHIN SIX MONTHS OF THE ORIGINAL
SUBMISSION. THESE CHANGES WILL BE MADE at no
charge. adjustments requested after the six
month period will be billed at the "re-analysis"
rate. payment IS REQUIRED AT THE TIME OF THE
ORIGINAL SUBMISSION, EVEN IF ADJUSTMENTS ARE
MADE A LATER TIME. If adjustments or
re-ANALYSIS are REQUESTED they will be
prioritized as a new job. USER UNDERSTANDS THAT
THE OUTCOME OF THE EVALUATION MAY CHANGE AFTER
ADJUSTMENTS ARE MADE, specifically, THAT THE
ADJUSTED VALUES MUST BE THE SAME OR BETTER than
defaults, otherwise, THE COMPLIANT MECCHECK
PROVIDED PREVIOUSLY WILL NO LONGER BE VALID. IF
THESE VALUES ARE WORSE THAN THE DEFAULTS USED,
PROVIDER CANNOT GUARANTEE THAT THE revised
MECCHECK WILL PASS. IF the design ITSELF or ANY
MEASUREMENTS IN THE PLAN, INCLUDING MEASUREMENTS
OF WINDOWS AND DOORS, CHANGE, A RE-ANALYSIS
CHARGE WILL APPLY to reflect these chaNges. IT
IS ENTIRELY THE RESPONSIBILITY OF THE USER to
provide appropriate data for adjustment to
ensure that the building will reflect the data
included in the analysis. IF ALL INFORMATION IS
NOT PROVIDED AT TIME OF SUBMISSION, user will
ensure that the actual building will confirm (OR
IMPROVE UPON) all values (including defaults) in
the reports. (3) user understands that
compliance reports may contain assumptions about
unavailable data or changes that must be
incorporated into the building to achieve a
passing evaluation. These assumptions will be
stated in the evaluation paperwork and it is the
user's responsibility to ensure that they are
incorporated into the final building. IN
ADDITION, THE MECCHECK PAPERWORK WILL INCLUDE
MANDATORY REQUIREMENTS THAT MUST BE ADHERED TO
AS WELL. (4) user
understands
THAT THE ADOPTION OF ENERGY CODES
VARIES FROM STATE TO STATE AND FROM MUNICIPALITY
TO MUNICIPALITY,
and that each municipality has their own
requirements.
IN ADDITION, THOUGH CERTAIN AREAS
MAY HAVE ENERGY CODE REQUIREMENTS, THEY MAY NOT
ACCEPT THE MECCHECK METHOD OF ENERGY COMPLIANCE
REVIEW. IT IS ENTIRELY THE RESPONSIBILITY OF THE
USER TO CONTACT THEIR BUILDING OFFICIAL TO
DETERMINE IF THE
MECCHECK analysis will
satisfy the requirements set out for their
project. IF THE PROVIDER INITIATES A
MECCHECK
AT THE USER'S REQUEST,
USER IS RESPONSIBLE FOR PAYING PROVIDER
FOR THIS SERVICE EVEN IF THE BUILDING OFFICIAL
later REFUSES TO ACCEPT THIS FORM OF COMPLIANCE
REVIEW.
(5) provider shall not bear any liability for
problems or claims of any kind that should arise
as a result of A COMPLIANCE SERVICE performed by
us that is now or later proved to be
insufficient or unsatisfactory for any reason.
further,
provider is not responsible for
any claims arising from OR RELATED TO the user's
use of the services, including but not limited
to
problems encountered during the
permit application process, problems that may
occur during or as a result of the building
process,
excessive energy loss, necessity
for building modifications, damage caused to
building for any reason, DELAY OR CANCELLATION
OF BUILDING, additional designer/architect fees,
etc.
(6) Provider
performs MECcheck analysis in line with software
and information provided by the US Department of
Energy. Provider performs these MECcheck
analyses in good faith, based on information
from the Department of Energy regarding the
codes used/analysis accepted in any state.
provider makes no representation/takes no
responsibility for errors or omissions resulting
from its use of the meccheck software and
information provided by the department of
energy. further, USER ACKNOWLEDGES THAT THE
MECCHECK ANALYSIS FORMAT DOES NOT REPRESENT A
REVIEW OF ALL OF THE FEDERAL OR STATE ENERGY
CODES THAT MAY APPLY TO A PARTICULAR BUILDING,
AND THAT THE PROVIDER'S REVIEW IS LIMITED TO THE
CODES INCORPORATED AS PART OF THE MECCHECK
SOFTWARE REVIEW. (7) User
understands that pricing is based on square
footage of heated space. For example, depending
on the design, an addition may require
evaluation of the entire house, and a job
originally priced based on the square footage of
the addition may need to be adjusted to reflect
the size of the entire building envelope. If
the square footage of the project is in any way
greater than the figure provided by the User,
User will be obligated to pay the difference,
billable after the completion of the project.
(8) Projects will be completed on a first come,
first serve basis. Provider will make best
efforts to complete projects IN the timeframe
provided in this Web Site. The payment of a
"rush" surcharge will prioritize a given project
over others, even if the others were submitted
previously. Payment of a rush surcharge does
not, however, guarantee delivery within the rush
timeframe. If it is impossible to complete a
requested rush order with rush timing, the rush
surcharge will be returned to the User, however,
User is fully responsible for all other
charges. "rush" timing is 24 hours from
provider's receipt of all project plans and
information required to perform the meccheck.
provider is not responsible for delays in mail
or other delivery method of project
information. (9) User is fully responsible for
ensuring that the building is built in line with
or exceeding the parameters outlined in the
compliance reports. User takes full
responsibility for ensuring that any changes to
the building plans after the initial MECcheck Do
not affect energy compliance OR will SUBMIT
THESE CHANGES FOR RE-analysis. if after the
initial review, user requests a re-analysis of
the same project, provider will update the
analysis and re-generate the reports AS
DESCRIBED IN #2 ABOVE. (10) PROVIDER RETAINS THE
RIGHT TO REFUSE PROJECTS AT ANY TIME FOR ANY
REASON, AND IS NOT OBLIGATED TO NOTIFY THE USER
OF THIS FACT. IF USER HAS SUBMITTED A JOB AND
HAS NOT BEEN NOTIFIED OF ITS COMPLETION, IT IS
THE USER'S RESPONSIBILITY TO CONTACT PROVIDER TO
INQUIRE ABOUT its status. (11) provider retains
the right to delay the start of a project if
there is insufficient data provided AND IS NOT
OBLIGATED TO secure the needed information. It
is solely the responsibility of the user to
ensure that the provider has the information
necessary to begin, or conclude a project. (12)
COMMERCIAL PROJECTS: PROVIDER RETAINS THE RIGHT
TO REFUSE ANY PROJECT FOR ANY REASON, INCLUDING
COMMERCIAL PROJECTS. RUSH PROJECT TIMING and
frequent customer benefits DO NOT APPLY TO
COMMERCIAL PROJECTs. COMMERCIAL PROJECTS MAY
TAKE SUBSTANTIALLY LONGER THAN RESIDENTIAL
PROJECTS TO COMPLETE;
estimated turnaround timing will be provided as
part of the commercial quote. (13)
PROVIDER WILL supply the mecchecK
compliance report
and inspection checklist as the "product" of the
meccheck
service. we do not fill out other forms provided
by the user or requested by the building
department, such as worksheets, checklists,
etc. it is solely the responsibility of the
user to determine if the building department
accepts meccheck and its output reports. (14) IT
IS ENTIRELY AT THE DISCRETION OF PROVIDER TO
DETERMINE IF A PROJECT SHOULD BE PRICED AS AN
ADDITION OR AS A REMODEL. IN THe CASE where the
project must be evaluated as a remodel, USER IS
RESPONSIBLE FOR PROVIDING DATA REQUIRED ON THE
EXISTING PORTIONS OF THE HOUSE AS WELL AS THE
NEW PORTIONS. (15) COMPLIANCE WITH MECCHECK
DOES NOT GUARANTEE COMPLIANCE WITH ALL ENERGY
CODES THAT MAY BE APPLICABLE IN A PARTICULAR
STATE OR MUNICIPALITY. user understands that
PROVIDER DOES NOT REVIEW PLANS OUTSIDE OF THE
COMPONENTS and codes incorporated in and
EVALUATED BY THE MECCHECK SOFTWARE. (16) in the
event that user does not have building plans
available at time of project submission,
provider may be able to perform the analysis,
based on measurements provided by the user on a
phone interview OR OTHER METHOD OF DATA
COLLECTION. this is most frequently possible
for small, standalone additions. provider
reserves the right to determine if this will be
possible, and reserves the right to refuse a
project on this (or any other) basis. if the
user has submitted and paid for their project
and subsequently requests that measurements be
taken on the phone, and provider does not accept
the project, a refund of the project price will
be made AS PER THE CANCELLATION POLICIES BELOW.
it is solely the responsibility of the user to
request evaluation of a "no plans" project. if
a project is submitted without plans and the
user fails to contact the provider to request
alternate measurement submission within 30 days
after project submission, no refund will be
made. 17) pROJECT CANCELLATION and refunds: IF
AT ANY TIME AFTER SUBMISSION PROVIDER HAS
INITIATED A PROJECT AND USER REQUESTS THAT THE
PROJECT BE CANCELLED FOR ANY REASON, NO REFUND
WILL BE MADE. THIS APPLIES EVEN iF NO PAYMENT
HAS BEEN MADE AND CANCELLATION HAS BEEN
REQUESTED AFTER A PROJECT HAS BEEN INITIATED, IN
WHICH EVENT USER WILL BE FULLY RESPONSIBLE FOR
PAYING THE FULL PROJECT PRICE. HOWEVER, IF
PROVIDER HAS NOT INITIATED THE PROJECT AND USER
REQUESTS THAT THE PROJECT BE CANCELLED, PROVIDER
WILL ISSUE A REFUND OF THE FULL AMOUNT PAID,
LESS A 30% CANCELLATION FEE.
PLANS
GUIDELINES.
THE FOLLOWING INFORMATION SHOULD BE INCLUDED IN
THE MEASURED ARCHITECTURAL PLANS PROVIDED AT THE
OUTSET OF A PROJECT (OR PROVIDED SIMULTANEOUS
WITH PLANS). the lack of this information may
cause provider to delay or be unable to complete
a project. (1) measurements: plans should
indicate exterior roof, wall, and floor member
sizes (2x4, 2x6, 2x10), wall height (all
levels), total opening measurements for all
windows and exterior doors, and if possible,
cross sections.
(2) PLANS SHOULD CLEARLY INDICATE IF CEILINGS IN
ROOMS ARE CATHEDRAL/SCISSOR, FLAT, COFFER/TRAY,
RAISED/ENERGY TRUSS, STRUCTURAL INSULATED
PANELS, OR OTHER, AND SHOULD SHOW LOCATION OF
SLOPED CEILINGS. (3) PLANS SHOULD INDICATE IF
EXTERIOR WALLS ARE WOOD OR STEEL FRAME (16" OR
24" OC), SOLID OR EMPTY MASONRY BLOCK (INDICATE
IF INSULATED AND IF SO, IF EXTERIOR OR INTERIOR
INSULATION), MASONRY BLOCK WITH INTEGRAL
INSULATION (AND IF THERE IS ADDITIONAL EXTERIOR
OR INTERIOR INSULATION), LOG (AND LOG DIAMETER),
STRUCTURAL INSULATED PANEL, OR INSULATED
CONCRETE FORMS. THE LOCATION, HEIGHT, AND SPAN
OF ANY KNEEWALLS SHOULD BE CLEARLY EVIDENT ON
PLANS. (4) PLANS SHOULD CLEARLY INDICATE IF THE
BASEMENT AREA IS TO BE FINISHED/CONDITIONED. IF
AT THE TIME OF THE FINAL INSPECTION/CO BASEMENTS
WILL NOT BE CONDITIONED, PLANS SHOULD INDICATE
"UNFINISHED", EVEN IF IT IS POSSIBLE THE SPACE
WILL BE FINISHED AT A LATER TIME. PLANS MUST
INDICATE IF BASEMENT EXTERIOR WALLS ARE SOLID
CONCRETE OR MASONRY, EMPTY MASONRY BLOCK,
MASONRY WITH INTEGRAL INSULATION, WOOD FRAME,
INSULATED CONCRETE FORMS, OR OTHER. PLANS
SHOULD INDICATE BASEMENT WALL HEIGHT AND HEIGHT
BELOW GRADE, AND IF BASEMENT WALLS BELOW GRADE
ARE INSULTED. (5) PLANS MUST INDICATE IF
FLOORS ARE WOOD JOIST, STRUCTURAL INSULATED
PANELS, SLAB ON GRADE, OR OTHER, AND IF FLOORS
ARE HEATED. (6) PLANS MUST INDICATE THE
FOLLOWING INFORMATION ABOUT WINDOWS, AND
SKYLIGHTS: BRAND/MODEL (IF AVAILABLE), FRAME
MATERIAL (METAL, METAL/THERMAL BREAK, WOOD,
VINYL, OTHER), GLASS TYPE (SINGLE, DOUBLE, OR
TRIPLE PANE), LOW E (OR NOT), U-FACTOR AND SHGC
(AS PROVIDED BY MANUFACTURER). FOR DOORS:
MATERIAL (MOSTLY GLASS/SOLID) AND U-FACTOR/SHGC.
(7) PLANS MUST INDICATE THE FOLLOWING
INFORMATION ABOUT HEATING SYSTEMS (AS APPLY):
HEATING EFFICIENCY (AFUE%) OF FORCED AIR
FURNACE, HEATING EFFICIENCY (AFUE%) OF BOILER,
BOILER TYPE (GAS-FIRED OR OTHER), HEAT PUMP
EFFICIENCY (HSUF), HEAT PUMP COOLING EFFICIENCY
(SEER), AND AC COOLING EFFICIENCY (SEER). PLANS
SHOULD ALSO INDICATE IF THERE IS A DEDICATED
HEAT SOURCE FOR AN ADDITION.
For any clarification on the above terms and
conditions, feel free to
contact us. |