TERMS AND CONDITIONS

Mountains LLC, a Colorado limited liability corporation, DBA BuildingCodeCollege.com, (“BCC”) is pleased to present the websites www.buildingcodecollege.com, www.codecalculators.com, www.deckcodes.com and such other URLs as may be designated in the future by BCC (the “Websites”) and the software applications which relate to the Websites and which are provided for use on mobile devices (the “Applications” and, together with the Websites, the “Campus”). By using and/or visiting the Websites, including any Content, Instructor, Resources, Submissions and User Submissions (each as defined below) available through the Websites, and/or by installing one or more Applications, you assent to these terms and conditions (the “Terms of Use”) which Terms of Use include and incorporate by reference the terms and conditions of our Privacy Policy (the “Privacy Policy”). If you do not agree to any of these terms, then please do not use the Campus.
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, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. The Campus
The Campus is intended to serve as an online learning and reference environment through which registered users (“Users”) may subscribe for access to online courses (“Courses”) and associated self study materials, references and links to third-party websites that are not owned or controlled by BCC (“Self Study”) as presented by BCC instructors (“Instructors”), and to online exams (“Exams”). BCC offers for sale through the Campus certain products pertinent to the Courses (the terms applying to such pages are described in Section 3 (Book Store) below) and any similar pages created by BCC in the future, are described in Section 3 (Sales of Products by BCC) below).

2. Access to the Campus
A. BCC hereby grants you permission to use the Websites and/or Applications as set forth in these Terms of Use, provided that: (i) you have paid fees, if required, to enroll in any Course or Exam or to use an Application (including, without limitation, “in-app payments” made through the Apple Store in respect of certain Applications), (ii) you have set up a valid account and Profile (as defined below), (iii) your use of the Websites and/or the Applications, as permitted, is solely for your personal, noncommercial use; (iv) you will not copy, upload, republish or distribute any part of the Websites or the Applications in any medium without BCC’s prior written authorization; (v) you will not alter or modify any part of the Websites or the Applications other than as may be reasonably necessary to use the Websites and the Applications for their intended purpose; (vi) you will not reverse engineer or disassemble an Application; (vii) you are at least 18 years of age; and (viii) you will otherwise comply with Terms of Use.
B. In order to access the Websites, you will have to create an account. You may never use another’s account without his or her express permission and you may not provide another person with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BCC immediately of any breach of security or unauthorized use of your account. Although BCC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BCC or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Campus in a manner that sends more request messages to the BCC servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, BCC grants the operators of public search engines permission to use spiders to copy materials from the Campus for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BCC reserves the right to revoke these exceptions, either generally or in specific cases, at any time without notice. You agree not to collect or harvest any personally identifiable information, including account names, from the Campus, nor to use the communication systems provided by the Campus for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Campus.
D. The Campus may contain links to third-party websites that are not owned or controlled by BCC. BCC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, BCC will not and cannot censor or edit the content of any third-party site which is linked to the Campus. By using the Campus, you expressly relieve BCC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Campus and to read the terms and conditions and privacy policy of each other website that you visit.

3. Applications
A. An Application will allow you to access certain materials and functionality available on the Websites through your mobile device.

B. BCC reserves the right to amend or withdraw any Application at any time and for any reason.

C. You acknowledge that the terms of agreement with your mobile network provider (“Mobile Provider”) will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.

D. BCC does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. BCC will not be responsible for any support or maintenance for Applications.

E. In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications which are specified in the Application itself.

4. Sales of Products by BCC
A. The Campus allows Users who comply with the Terms of Use to buy certain goods from BCC, either in conjunction with the purchase of a Course, or separately through the Book Store section of the Campus. To order a product from BCC, you will need to follow the ordering procedures set out on our order page. Details of our prices for the goods and the procedures for payment and delivery are displayed on the Campus. Prices are subject to change without notice.

B. Any times or dates stated by BCC for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time.

C. You must pay for items purchased from BCC by credit card or through Paypal or by other methods specified on the Campus from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes.

D. We are entitled to refuse any order placed by you for any reason. If your order is accepted by BCC, we will confirm acceptance to you by online electronic means to the e-mail address you have provided.

E. You undertake that all details you provide to us for the purpose of purchasing goods from BCC will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.

F. BCC will replace goods that you have purchased from us which are incorrect, damaged or defective, at no cost to you. Please email [email protected] with a description of the problem with the goods and our customer service team will provide you with a prepaid return label and shipping instructions. Once we receive the item and have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes and shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact our customer service team before returning the item to us, and we must be able to validate the damage/defect/error.

G. If you are not satisfied with goods purchased from BCC, you may return them to BCC within sixty (60) days after delivery. Returns will receive a refund of the price of the item and any applicable taxes, issued in the original form of payment used to purchase the item. Items must be returned in new or like-new condition, and in their original packaging, and with all paperwork including your packing slip to ensure full credit. Shipping costs will not be refunded unless the item is being returned because it is incorrect, damaged or defective. BCC reserves the right to refuse any returns if they do not meet our return requirements. Please email [email protected] and our customer service team will provide you with shipping instructions.

5. Users, Instructors and Content
A. In order to create an account, you will be required to submit certain private information which may include your name, email address, telephone number, address and credit card details (“Private Information”) which BCC may use in connection with the operation of its business, but will otherwise keep private in accordance with the terms of the Privacy Policy. Private Information may be used in our communications with you (including for marketing purposes), but will not be shared with any non-affiliated third party without your permission.

B. Private Information may be used in a de-identified, aggregated manner by BCC (and its successors and assigns) in connection with its and their business, including, without limitation, for purposes of statistical and demographic analysis and for marketing and promotional purposes (as more specifically described in the Privacy Policy).

C. You understand and agree that BCC is not obligated to review, and is in no way responsible for, the content of Course Videos, associated Self Study materials and background materials presented by Instructors (including written, audio and/or video content, information, images, and other materials). BCC does not endorse any Instructor or any opinion, recommendation, or advice expressed therein, and BCC expressly disclaims any and all liability in connection with Instructors and Self Study content.

D. BCC does not permit copyright infringing activities and infringement of intellectual property rights on its Campus, and BCC may remove all Content if properly notified that such Content infringes on another’s intellectual property rights. BCC reserves the right to remove Content without notice.

E. In particular, if you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing BCC with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to [email protected] or via regular mail to:
Mountains LLC
6417 Lee Street
Arvada CO 80004

You acknowledge that if you fail to comply with all of the requirements of this Section 5(G), your DMCA notice may not be valid.
F. You understand that when using the Campus, you will be exposed to Content from a variety of sources, and that BCC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BCC with respect thereto, and agree to indemnify and hold BCC, its successors, assigns, directors, officers, employees, affiliates, agents and Instructors harmless to the fullest extent allowed by law regarding all matters related to your use of the Campus.
6. Intellectual Property Rights
A. “Content” means all content on the Websites and Applications, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions and are (i) owned by or licensed to BCC, (ii) supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, (iii) published on public sites with licenses granted under Creative Commons, with attribution in accordance with the Creative Commons license granted in each case, or (iv) covered, we believe, by the Fair Use Doctrine.

B. Content on the Websites and Applications are provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BCC reserves all rights not expressly granted in and to the Websites, the Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. In no event shall any Content be used for any website, application or publication of any sort which is competitive with the Websites and Applications. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of BCC and/or the Websites. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Campus or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Campus or the Content therein.
7. Disclaimers
YOU AGREE THAT YOUR USE OF THE CAMPUS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BCC AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INSTRUCTORS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU IN CONNECTION WITH THE CAMPUS AND YOUR USE THEREOF. NEITHER BCC NOR ANY OF ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR INSTRUCTORS MAKES ANY WARRANTIES OR REPRESENTATIONS TO YOU ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE CAMPUS OR THE CONTENT OF ANY SITES LINKED TO THE CAMPUS AND SUCH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR CAMPUS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR CAMPUS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, WORMS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR CAMPUS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CAMPUS. BCC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CAMPUS OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BCC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL BCC OR ITS SUCCESSORS, ASSIGNS, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR INSTRUCTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR ACCESS TO THE CAMPUS, INCLUDING, WITHOUT LIMITATION, THE CATEGORIES OF LIABILITY DESCRIBED IN SECTION 6, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BCC AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS AND/OR INSTRUCTORS SHALL NOT BE LIABLE TO YOU FOR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Campus is controlled and offered by BCC from its facilities in the United States of America. BCC makes no representations that the Campus is appropriate or available for use in other locations. Those who access or use the Campus from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless BCC and its successors, assigns, affiliates, officers, directors, employees, agents and Instructors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Campus; (ii) your violation of any term of the Terms of Use ; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
10. Termination
BCC may terminate your membership, delete your account and/or prohibit you from using or accessing the Campus (or any portion, aspect or feature thereof ) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Campus, your obligations hereunder shall survive indefinitely.
11. Ability to Accept Terms of Use
You affirm that you are more than 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.
12. General
You agree that: (i) the Campus shall be deemed solely based in Colorado; and (ii) the Campus shall be deemed “passive” and shall not give rise to personal jurisdiction over BCC, either specific or general, in jurisdictions other than the State of Colorado. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BCC without restriction. You agree that Sections 7, 8 and 9 of these Terms of Use are, and are intended to be, for the benefit of Instructors and Teaching Assistants and those Sections confer enforceable rights and remedies upon such Instructors and Teaching Assistants. The Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and BCC that arises in whole or in part from the Campus shall be decided exclusively by a court of competent jurisdiction located in the State of Colorado. These Terms of Use, together with the Privacy Policy, the Contest Rules and any other legal notices published by BCC on the Campus, shall constitute the entire agreement between you and BCC concerning the Campus. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and BCC’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. BCC reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Campus following any amendment of the Terms of Use will signify your assent to and acceptance of the revised terms of any component thereof.