Terms of Use
 
  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.

 
 

MECexpress™ is a trademark of MECexpress LLC.  ©2002 MECexpress LLC.  All rights reserved.  MECcheck™, REScheck and COMcheck™ are trademarks of the U.S. Department of Energy for their compliance software.  While MECexpress™ utilizes MECcheck™, REScheck and COMcheck™ completely in line with the guidelines of the U.S. Department of Energy, we are a private business and neither sponsored by nor affiliated with them.  For more information on the U.S. Department of Energy and their energy compliance products, visit them at www.energycodes.gov.