Policies

StateElevatorCode.com Site Viewer Agreement

Effective Date: May 21, 2013

This Agreement contains the terms and conditions under which StateElevatorCode.com offers its Site Viewer Service to you (“Site Viewer”). The Site Viewer Service (“SVS”) Site Viewers to access StateElevatorCode.com’s content and featured advertisers. Any capitalized terms that are not herein defined have the same meaning given to them in StateElevatorCode.com’s Terms of Service (“TOS”). Your use of the SVS constitutes your affirmative and binding acceptance of this Agreement. 1. Service Agreement and Other Relevant Documents This Agreement provides for the terms and conditions under which the SVS is provided. If you decide to utilize the SVS, you will also be bound by StateElevatorCode.com’s TOS, including all related rules, policies, and procedures. StateElevatorCode.com’s TOS and all related rules, policies, and procedures are hereby incorporated by reference. In the case of a conflict between the TOS and this Agreement concerning the SVS, this Agreement shall govern, and its provisions shall be given precedence. 2. Site Viewer Responsibilities 2.1 Conduct At all times in your use of the Services you must act in a businesslike manner, utilizing common sense, a general respect for StateElevatorCode.com, Site Customers, and third parties, and act in accordance with all applicable laws and regulations. As a Site Viewer, you must assure that all of your employees, agents, or independent contractors comply with the terms and conditions of the TOS, this Agreement, and all ancillary agreements, and all applicable laws, regulations, and rules. 2.2 Use of Services You will not use any Information or the SVS for any purpose other than those set forth in this Agreement. You will not use any information obtained by using the SVS, including designs (in whole or in part) and concepts, or other data contained on the StateElevatorCode.com Web site for the purposes of competing or creating competing products to StateElevatorCode.com or to the Site Customer services, designs, products, or concepts found therein. You will use the SVS and StateElevatorCode.com Web site only to search for service providers (Site Customers), to request quotes from such Site Customers, to purchase services or products of Site Customers, or entering into strategic relationships with the Site Customers. THE INFORMATION CONTAINED ON STATEELEVATORCODE.COM IS FOR YOUR PERSONAL EDUCATIONAL USE ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. FOR ANY LEGAL QUESTIONS ALWAYS CONSULT A QUALIFIED ATTORNEY IN YOUR STATE. 2.3 No Endorsement of Site Customer Content You acknowledge and agree that Site Customers are solely responsible for all Site Customer Content. You acknowledge and agree that StateElevatorCode.com is a listing service and provider of generalized information only and that StateElevatorCode.com does not endorse, recommend, or otherwise make any representations regarding Site Customer Content or the qualifications or quality of services offered by Site Customers, and that StateElevatorCode.com is not responsible or liable for any Site Customer Content or conduct, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that StateElevatorCode.com does not pre-screen Site Customers (including stated licensures, certifications, and the like), and has no obligation to do so. You further acknowledge that it is your responsibility to screen and evaluate the credentials of any professional listed on the StateElevatorCode.com Web site prior to your engagement of their services. 2.4 No Representations Concerning Accuracy StateElevatorCode.com utilizes outbound links to official government web sites to provide you with the relevant information for your state. Since StateElevatorCode.com is not the provider of the respective content, StateElevatorCode.com does not make any representations or warranties to the accuracy or truthfulness of any information contained therein. STATEELEVATORCODE.COM PROVIDES ALL INFORMATION ON AN AS-IS BASES AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANIBILITY OR FITNESS FOR A PARTICULAR USE. 3. Marketing and Advertising 3.1 Use of Site Customer Information StateElevatorCode.com may, at its option, provide you with the name, city, state, and country of Site Customers. Through your use of the SVS, you hereby agree to be bound by StateElevatorCode.com’s Privacy Policy. Furthermore, Site Customers’ information may be used for your internal business record keeping and marketing purposes only. Such information may only be used for marketing purposes if the Site Customer has “opted in” to receive marketing materials from you. You are strictly prohibited from disclosing Site Customer information to any third party or using it for any other purpose not listed above. 3.2 Prohibited Forms of Marketing As a Site Viewer, you are prohibited from using unsolicited email or message board postings, junk and blast faxes, and unsolicited personal or recorded phone calls (collectively “spam”) to market to Site Customers. Additionally, you may not directly or indirectly attempt to change, modify, or unduly influence the operation of any StateElevatorCode.com Services or Web site search engine results to your benefit. 4. General Terms and Conditions 4.1 Amendments or Modifications StateElevatorCode.com reserves the right to add, delete, or modify in any way and in its sole discretion, any of the terms and conditions contained in this Agreement. You may be notified of any changes of this Agreement in the same manner as provided for in the TOS. If any change is unacceptable to you, your only recourse is to terminate this Agreement and discontinue your use of the SVS. Your continued use of the SVS, following the notice of a change to this Agreement shall constitute affirmative binding acceptance of the changes. 4.2 Indemnification You hereby indemnify, defend and hold StateElevatorCode.com harmless for any claim arising out of, related to, or connected in any manner with your alleged breach of the TOS while using the SVS as specified in Section 7 of the TOS. You further indemnify StateElevatorCode.com against any claim based on facts that if true, would constitute a breach of this Agreement. 4.3 Dispute Resolution The SVS are services provided, controlled, and operated by StateElevatorCode.com, which has its principal place of business in the State of Colorado, United States of America. StateElevatorCode.com makes no representation that the Site is available or appropriate for users in all jurisdictions. You acknowledge that Site Users and Viewers access the Site on their own initiative and are responsible for compliance with applicable laws, regulations and treaty provisions. These terms and conditions and your agreement to be bound by them shall, to the maximum lawful extent, be governed in accordance with the laws of the State of Colorado without reference to principles of conflicts of laws. You and StateElevatorCode.com agree that the state and federal courts located in Colorado shall be the exclusive forum for the resolution of all disputes between you and us relating to your use of the SVS. You and StateElevatorCode.com hereby consent to the personal jurisdiction of these courts. To the extent permitted by applicable law, you and StateElevatorCode.com waive the right to a trial by jury. If the foregoing exclusive forum provision is unenforceable or inapplicable to a dispute between you and StateElevatorCode.com, you and StateElevatorCode.com agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association by one arbitrator in accordance with said rules. To the extent permitted by said rules, the location of the arbitration shall be in Denver, Colorado. The arbitrator shall apply Colorado law without reference to conflict of laws principles. In the event of any controversy, claim, or action between you and StateElevatorCode.com, arising from or related to this Agreement, the prevailing party will be entitled to receive from the other party its reasonable attorneys’ fees and costs. 4.4 Survival The following sections and obligations shall survive the termination of the SVS: 1, 2, 3.1, 4.2, 4.3, 4.4.


StateElevatorCode.com Privacy Policy

Effective Date: May 21, 2013

StateElevatorCode.com values its Users and the privacy of our Users’ Personally Identifiable and Non Personally Identifiable Information (collectively “Personal Information”), and recognizes that our Users may be concerned about how we collect, use, and disclose Personal Information. Therefore, we have implemented the following Privacy Policy to govern our use of our Users’ Personal Information. By using the Web site and the Services, you are accepting the practices and activities as described in this policy. Any questions concerning this policy or the use of Personal Information may be directed to info[at]StateElevatorCode.com. Types of Information Collected Personally Identifiable Information When you register as a Site Customer, StateElevatorCode.com collects certain Personal Information from you. Personal Information is information that can be used to identify you personally, and includes but is not limited to your name, address, phone number, and email address. StateElevatorCode.com uses third party payment processing services and therefore does not collect credit card or other financial information. Non Personally Identifiable Information When you visit the StateElevatorCode.com Web site we collect certain Non Personal Information. This is generalized information and cannot be used to easily identify you personally. Such information includes but is not limited to your IP address, your ISP, your browser type, your operating system, your clickstream patterns, the URL of the most recent Web site you visited before coming to StateElevatorCode.com, the amount of time you spent on our site, and the pages you viewed while on our site. Methods of Collection StateElevatorCode.com collects your Personal Information in several different ways. First, we collect information when you provide it to us when registering as a Site Customer or Site Viewer when you set up a profile, or when you communicate with us directly via the StateElevatorCode.com Web site We also employ commonly used analytic and reporting software technologies to collect certain Non Personally Identifying Information such as your IP address, your ISP, your browser type, your operating system, your clickstream patterns, the URL of the most recent Web site you visited before coming to StateElevatorCode.com, the amount of time you spent on our site, and the pages you viewed while on our site. Use of Personal Information Personally Identifiable Information Personal Identifiable Information is mainly used for StateElevatorCode.com’s own internal purposes in order to provide the Services to you including but not limited to customer service issues, maintaining and improving the StateElevatorCode.com Web site, and providing and improving StateElevatorCode.com Services. Non Personally Identifiable Information StateElevatorCode.com uses Non Personally Identifiable Information to track and analyze the usage and performance of the Web site and Services. StateElevatorCode.com uses this information internally to assist in determining changes and/or upgrades to the Web site, whether to add or discontinue specific Services, and for internal market analysis purposes. Disclosure of Personal Information In general, we do not disclose Personal Information to third parties without your prior consent. However, we reserve the right to do so in certain limited situations as identified below: 1) Disclosure to Third Party Service Providers In the course of providing you the Services, we may at our option use third party service providers to provide some or all of the Services you may request in your use of the Web site An example of this would be the use of third party online payment processing companies to process payments made by Site Customers to StateElevatorCode.com. We make all commercially reasonable efforts to make sure that these third party vendors use your Personal Information only to the extent necessary to provide the Services to you. However, we cannot guarantee that a third party vendor will not disclose your Personal Information. 2) Disclosure of Site Customer information In providing the services StateElevatorCode.com will disclose to potential customers of Site Customers certain personally identifiable information that Site Customer provides to StateElevatorCode.com for the purpose of advertising their business. 3) Disclosure to Other Third Parties We reserve the right to disclose your Personal Information to protect or enforce StateElevatorCode.com’s rights, or the rights of a third party, to prevent an emergency, or as may be required by law, including but not limited to, complying with subpoenas or court orders. 4) Successors in Interest We may also disclose your Personal Information to any successor in interest to our company, including, but not limited to any third party company that may acquire or merge with StateElevatorCode.com. In the event of a merger or sale of all or substantially all of the assets of StateElevatorCode.com, your Personal Information will most likely be part of the transaction. If such a transaction happens, we will notify you by the methods listed in the Terms of Service concerning the transaction and the transfer of your Personal Information. 5) Disclosure of Non Personally Identifiable Information We may disclose any Non Personally Identifiable Information we collect to our strategic business partners, potential business partners, investors, advisors and customers. This information is usually disclosed in terms of aggregate numbers. Since the information cannot be traced back to you directly, you may not “opt out” of our use of such Non Personally Identifiable Information. Security of Personal Information We employ commercially reasonable technology and systems to protect your Personal Information from unauthorized access and disclosure. For example, sensitive information is transmitted to us in an encrypted format using secure socket layer technology. However, no protection methods are 100% secure, and therefore we cannot guarantee the 100% security of your Personal Information. We are not responsible for any disclosure of Personal Information due to any errors in transmission of your information, or any unauthorized third party access or any other acts by third parties, or any acts or omissions beyond our reasonable control. Public Nature of Certain Web site Content The Services provided by StateElevatorCode.com now or in the future may be accessible by the public. Examples of publicly accessible information include, but are not limited to Site Customer advertisements, any posts to any chat groups, forums or discussion boards hosted by StateElevatorCode.com. We are not responsible for third parties uses of any Personal Information contained in these public disclosures. The Use of Cookies StateElevatorCode.com uses “cookies” (small files placed on your hard drive) for several different purposes. We use cookies to help identify you and reduce the number of times you need to sign-in to the Web site, and to personalize and track your use of the Web site Most cookies are session cookies, meaning they are automatically deleted from your hard drive at the end of a session. Our use of cookies does not track or otherwise utilize any of your Personal Information. Outbound Links In providing much of the educational information on StateElevatorCode.com, direct links to state and other third party web sites will navigate you away from StateElevatorCode.com. We do not control these web sites and each web site will have its own terms of service, and privacy policy, which may not be consistent with StateElevatorCode.com policies. Users are encouraged to examine these third party policies before using the third party web sites Receipt of Marketing Materials You may “opt out” from receiving marketing materials from us at the time you are providing us with the Personal Information. For example, when becoming a registered User with us, you will have the opportunity to decide whether you want to receive additional promotional materials from us in the future. If at any time you wish to discontinue receiving promotional materials from StateElevatorCode.com, please follow the instructions for removal contained on the most recent communication from StateElevatorCode.com, email info[at]StateElevatorCode.com, or write to Customer Service, 8985 S Winrock St, Littleton, CO 80120. Information Concerning Children Our Services are only for those adults and children over the age of 13. We do not knowingly collect any information from children under the age of 13. We will affirmatively delete any information which we have knowledge came from or pertains to a child under the age of 13. Children between the ages of 13 and 18 may use our Web site and Services only under the supervision of a parent or legal guardian. If you are a parent or legal guardian of a child between the ages of 13 and 18 and you do not want your child’s Personal Information in our records, or do not wish to receive communications from us, please contact us by emailing info[at]StateElevatorCode.com, or write to Customer Service, 8985 S Winrock St, Littleton, CO 80120. Changes to this Privacy Policy StateElevatorCode.com reserves the right to make changes to this privacy policy in its sole discretion from time to time. Any notification of the changes to the privacy policy shall be made in accordance with the Terms of Service for the Web site If you receive a notification of a change in this Privacy Policy, you must review the policy prior to your continued use of the Web site and the Services. Your continued use of the Web site and the Services after notification of a change to this Privacy Policy shall constitute your affirmative acceptance of any such change.


StateElevatorCode.com Terms of Service

Effective Date: May 21, 2013

Thank you for visiting StateElevatorCode.com. The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the web site www.StateElevatorCode.com (the Web site). These TOS set forth the agreement between you and StateElevatorCode.com, LLC (collectively, the “Parties”) concerning the respective rights and responsibilities of the Parties arising from your use of the Web site and Services. Your use of the Web site constitutes your acceptance of these TOS. You may not use the Web site until you review and agree to these TOS. 1. Services StateElevatorCode.com offers various Internet-based Services through the Web site (the "Services"). Such Services include but are not limited to service provider company and contact information and generalized state by state elevator laws and regulations as published by state governments. StateElevatorCode.com reserves the right to add or delete any of its Services at any time. Users who would like to establish a service provider (Site Customer) profile must enter into a separate Site Customer Agreement. StateElevatorCode.com may, at its option offer a number of other additional Services in the future through its Web site If additional Services are offered, StateElevatorCode.com may in its sole discretion adopt additional rules, regulations, or terms of service concerning the additional Services. 2. License for Services and Web site StateElevatorCode.com grants you a personal, non-transferable, limited, revocable license to access and use the Web site and the Services for their intended purposes only, subject to your compliance with these TOS. You may not collect or otherwise use information contained on the Web site for any purpose which is not directly related to your use of the Web site or Services, including, but not limited to any Prohibited Purpose as determined by StateElevatorCode.com. Examples of “Prohibited Purposes” as used in this Section include but are not limited to the creation of unauthorized derivative works based on the Web site, making copies of the Web site for purposes other than standard web browser cashing, or use of the information for the purpose of competing with StateElevatorCode.com. Any use of the Services or the Web site that violates the TOS or the limited license contained herein, may result in the immediate, without prior notice, termination and revocation of the license granted to you. 3. Rules & Policies 3.1 Prohibited Uses Under the limited license granted in Section 2 above, you may only use the Services as expressly permitted by StateElevatorCode.com. Prohibited uses include, but are not limited to the following: 1) any use that interferes with a third parties ability to use or enjoy the Services; 2) any use of the Services that threatens, harasses, or intimidates any other User of the Services or any third party; 3) impersonating another individual or entity; 4) any use of spiders, robots, or any other device or process to monitor the activity on or copy pages from the Web site, except in the operation or use of web page search engine functions or hit counters contained on your Site Customer profile; 5) reverse engineering, decompiling, or disassembling any software or other technology used in conjunction with the Web site or the Services; 6) collecting or attempting to collect any electronic information concerning any Users or Viewers of the Services or Web site, such as email addresses or other Personal Information unless such collection is done in conjunction with the legitimate conduct of business; 7) interfering with or disrupting the Web site or Services by using viruses, spyware, or any other programs or technology designed to disrupt or damage any software or hardware; 8) use of any meta tags, search terms, key terms, or keywords which contain StateElevatorCode.com's name, trademarks, or the unauthorized use of any name or trademarks of any other person or entity; 9) any use or action that directly or indirectly assists or encourages any third party to engage in the above mentioned prohibited uses or otherwise violate these TOS. 3.2 Privacy Policy In the course of offering the Services and operating the Web site, StateElevatorCode.com collects certain Personal Information and Non Personal Information from you. By entering into these TOS, you agree to StateElevatorCode.com's collection, use, and disclosure of your Personal Information in accordance with StateElevatorCode.com’s Privacy Policy, which is hereby incorporated by reference. 4. Site Customer Services Rules and License 4.1 Site Customer Services As part of the Services, StateElevatorCode.com offers a service to its Site Customers that allows you to upload images, graphics, text, or other content (collectively, "User Supplied Content") to the Web site for use in your Site Customer profile and advertisement (the “Site Customer Services” or “SCS”). 4.2 Delivery of Content You agree to use the Site Customer Services in accordance with the User Supplied Content Usage Policy. StateElevatorCode.com may, in its sole and exclusive discretion, determine whether any Content complies with such policy and is appropriate for use with the SCS. StateElevatorCode.com, may in its sole discretion determine that the User Supplied Content does not satisfy the User Supplied Content Usage Policy, and refuse to allow you the use of SCS. 4.3 Licensing User Supplied Content to StateElevatorCode.com You hereby grant to StateElevatorCode.com a royalty-free, worldwide, transferable, nonexclusive, right and license to use such User Supplied Content, in all media existing now or created in the future, as StateElevatorCode.com deems necessary to allow StateElevatorCode.com to satisfy its obligations to you because of your use of the SCS. This license remains in effect for the duration that the content is stored on the Web site StateElevatorCode.com may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the Services to you. You retain any and all rights in and to the User Supplied Content including, but not limited to any copyright or trademark rights. 5. Representations and Warranties 5.1 Representations and Warranties of the Parties The Parties represent and warrant to each other that: (i) they have the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of their obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which either party is bound, and (iii) these TOS are a legal, valid, and binding obligation of the parties entering into these TOS, enforceable in accordance with their terms and conditions. 5.2 User Representations and Warranties You represent and warrant to StateElevatorCode.com that your use of the Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party and will comply with all applicable laws, rules, and regulations. You further represent and warrant to StateElevatorCode.com that you are the true owner of the User Supplied Content and that the content is free from any and all liens, encumbrances, or any other restrictions on your right to display or use the content, and that there are, to the best of your knowledge, no pending or threatened claims, demands, or litigation concerning any of the User Supplied Content. Furthermore, you represent to StateElevatorCode.com that StateElevatorCode.com will not be required to make any payments such as licensing fees or royalties to any third party in connection with the User Supplied Content. Lastly, you warrant that the User Supplied Content does not violate Section 3.1 of this TOS. 6. Warranty Disclaimer STATEELEVATORCODE.COM PROVIDES THE WEBSITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. STATEELEVATORCODE.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICES OR THEIR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS. STATEELEVATORCODE.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. 7. Limitations 7.1 EXCLUSION OF DAMAGES STATEELEVATORCODE.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2 LIMITATION OF LIABILITY EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE AMOUNTS PAID, IF ANY, TO THE OTHER DURING THE PREVIOUS SIX MONTHS. 8. Indemnification You will indemnify and hold StateElevatorCode.com and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the "Indemnified Parties") harmless from any damage, loss, or expense, including without limitation, attorneys' fees and costs, incurred in connection with any third-party claim, demand, or action (a "Claim") brought against any of the Indemnified Parties alleging that you have breached any of these TOS through any act or omission. If you are required to indemnify StateElevatorCode.com under this Section, StateElevatorCode.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without StateElevatorCode.com's prior express written consent. 9. Termination StateElevatorCode.com may suspend or terminate your use of the Web site or the Services if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. Notwithstanding StateElevatorCode.com’s termination of your permission to use the Web site or Services, these TOS will survive indefinitely unless and until StateElevatorCode.com chooses to terminate them. If you or StateElevatorCode.com terminates your use of the Web site or the Services, StateElevatorCode.com may delete any User Supplied Content or other materials relating to your use of the Services on StateElevatorCode.com's servers or otherwise in its possession and StateElevatorCode.com will have no liability to you or any third party for doing so. 10. Notice All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, (iii) electronic mail or (iv) if notice is given by StateElevatorCode.com, by a posting on the main page of the Web site If you give notice to StateElevatorCode.com, you must use the following address: 8985 S Winrock St, Littleton, CO 80120. If StateElevatorCode.com provides notice to you, StateElevatorCode.com will post any such notices on the StateElevatorCode.com web site If applicable law requires that a given communication be "in writing," you agree that the posting of notices on the StateElevatorCode.com web site will satisfy this requirement. 11. Dispute Resolution Any and all disputes arising out of, relating to or connected with these TOS or your use of any part of the Services or the Web site will be exclusively resolved under confidential binding arbitration held in City and County of Denver, Colorado before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Colorado law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in the City and County of Denver, Colorado. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Colorado State courts in the City and County of Denver, Colorado. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with these TOS or your use of any part of the Services or the Web site must be asserted individually. Notwithstanding anything to the contrary in this Section, StateElevatorCode.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction. 12. Choice of Law These TOS, and any other Agreement incorporated by reference in these TOS shall be governed by laws of the State of Colorado, without regard to its conflicts of laws principals. 13. Assignment The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS cannot be assignable or transferable by you without the prior written consent of StateElevatorCode.com. 14. Entire Agreement These TOS, all of the policies and other Agreements mentioned in these TOS, which are each hereby incorporated herein by reference, contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. 15. No Waiver No failure or delay by a party in exercising any right, power, or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. 16. No Partnership or Joint Venture You and StateElevatorCode.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. 17. Severability The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. 18. General 18.1 Intellectual Property Rights All intellectual property rights and all other rights, title, and interest in and to the Services and Web site, except as expressly provided for in the TOS are and shall remain the exclusive property of StateElevatorCode.com. Such rights include, but are not limited to, any and all trademark rights including rights to the mark StateElevatorCode.com; all copyrights in and to the Web site, and any proprietary rights used in providing the Service, including, but not limited to computer software and hardware interfaces. You cannot acquire any right, title, or interest in or to the above mentioned rights through your use of the Services or Web site under this TOS or otherwise 18.2 Rights to Submissions and Other Information By your use of the Services or Web site, you consent and agree that any questions, comments, suggestions, ideas, or any other information whether submitted via email, telephone, US mail, Fax, contest submission, or appearing on any message board or chat group, excluding any User Supplied Content as defined herein (collectively "Submitted Information"), you hereby grant StateElevatorCode.com permission to use such Submitted Information for marketing and other promotional purposes without any payment to you, including the right to sublicense. Furthermore you agree that StateElevatorCode.com will have no obligation to keep any Submitted Information confidential. You will not bring a claim and hereby forever waive any and all claims against StateElevatorCode.com based on “droit moral”, moral rights, or any other legal or equitable theory from StateElevatorCode.com’s use of the Submitted Information. 18.3 Age In order to use the Services, you must be of sufficient age that you can lawfully enter into and form contracts under applicable law (generally 18 years of age). If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for and may not be used by children under the age of 13. 18.4 Monitoring StateElevatorCode.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web site If StateElevatorCode.com determines, in its sole and absolute discretion, that you or another StateElevatorCode.com User will breach a term or condition of these TOS or that such transaction or communication is inappropriate, StateElevatorCode.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. 18.5 Modification of the Service StateElevatorCode.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Web site without any further notice to you. For certain changes to the TOS, StateElevatorCode.com may, at its option, notify you by email at the email address in our then current records. If any modification is unacceptable to you, your only recourse is to discontinue the use of our Web site and Services. Your continued use of the StateElevatorCode.com Web site following the posting of a change notice or new TOS on the Web site will constitute affirmative and binding acceptance by you of the changes. 18.6 Third-Party Services StateElevatorCode.com may, in its absolute discretion use third parties to provide certain Services. These third party independent contractors and vendors and are not related to StateElevatorCode.com and StateElevatorCode.com does not exercise any control or supervision over such contractors and vendors or the Services that they provide. You agree that StateElevatorCode.com will not be liable to you in any way for the use of such third party Services. These third parties may have their own terms of use and other policies which govern their Services. Buy utilizing these Services you agree comply with such terms and policies. In the event of a conflict between StateElevatorCode.com’s and a third party’s TOS, rules or policies, StateElevatorCode.com’s TOS, rules, or policies shall govern. 18.7 Compliance with TOS and Applicable Law You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to above, and all applicable laws, regulations, and rules when you use the Services and the Web site.