Last Updated 1/1/2024
These Terms & Conditions (the "Terms") are a binding agreement between you and Massachusetts Building Commissioners And Inspectors Association, Inc., a Massachusetts corporation doing business as MBCIA ("MBCIA," "we," "us," or "our"), PO Box 846, Burlington, MA 01803. They cover your use of www.mbcia.org (the "Site") and our related services, including membership, sponsorships, scholarships, the Job Board, events and classes, the member store, and our email communications (together, the "Services").
By using the Services, you agree to these Terms and to our Privacy Policy at https://www.mbcia.org/privacy-policy. If you do not agree, do not use the Services. If you use the Services for an employer, municipality, or other organization, you confirm that you have authority to bind it, and "you" includes that organization.
You must be at least 18 years old to use the Services. A student under 18 may apply for a scholarship with the consent of a parent or guardian, who agrees to these Terms on the student's behalf.
A separate signed agreement with MBCIA, such as a sponsorship agreement, controls over these Terms for its subject matter. Our bylaws control membership matters. For anything else, these Terms apply.
We may update these Terms. We will post the new version and change the "Last updated" date. If a change is material, we will also email members and post a notice on the Site before it takes effect, unless the change is required by law or needed for security. If you keep using the Services after the change takes effect, you accept it. If you do not accept it, stop using the Services and, if you are a member, contact us to cancel.
Membership is open to the categories of members described in our bylaws: Active, Associate, and Honorary. Active members are building commissioners, inspectors of buildings, local inspectors, and officials of like capacity in Massachusetts. Associate members are businesses and individuals engaged in trades allied to MBCIA's purpose. Honorary membership is by vote of the membership. An application is not a membership until MBCIA approves it and any required dues are paid. MBCIA reviews each application and may approve or deny it under the bylaws. We will tell you the result by email.
Members may use members-only content, including the member blog, resources, downloads, links, communications, events, and the Job Board, only for their own personal and internal professional use. Members-only content may not be copied, shared, or republished outside MBCIA without written permission.
You agree to pay the fees shown when you apply, register, or order, including dues, initiation fees, class and event fees, Job Board listing fees, sponsorship fees, and store purchases, plus any applicable tax and shipping. Prices are in US dollars. We may change prices, but a change will not affect an order you have already paid for. We reserve the right to correct any error or mistake in pricing, even if we have already requested or received payment.
Stripe and PayPal process payments, and Perfect Golf Event processes golf event registrations. When you pay, you authorize us and the payment provider to charge the payment method you choose. You agree to keep your billing details current. We may refuse or cancel an order for suspected fraud, abuse, or resale.
We accept Visa, Mastercard, American Express, Discover, PayPal, Apple Pay, Google Pay, checks, bank transfers (ACH), and cash. Not every method is available for every purchase.
We may invoice you by email. Invoices are due by the date shown on them. If an invoice is past due, we may send reminders by email, and we may suspend members-only benefits until the balance is paid. Under our bylaws, a member who is one year or more in arrears is not entitled to vote and may be suspended until the dues are paid.
If you choose automatic renewal, your membership renews each year on the anniversary of your sign-up date for another year of membership, and we will charge the payment method you gave us at the then-current dues rate. If you do not choose automatic renewal, your membership ends at the end of the paid term unless you renew.
You can cancel automatic renewal at any time by emailing [email protected] or by using https://www.mbcia.org/member/manage-account. Cancellation takes effect at the end of the current paid term, and you keep your benefits until then.
All sales are final, and no refund will be issued. This policy applies to and includes products or services purchased through third parties partnered with MBCIA to offer member services.
The Job Board lets employers post openings and lets job seekers apply. These additional terms apply to it.
Sponsorship benefits, fees, and duration are set out in the sponsorship application and any agreement you sign with MBCIA. Sponsors receive the recognition described there and no other rights in MBCIA's name or marks. Sponsors may use MBCIA's name and logo only as MBCIA permits in writing.
Scholarships are awarded at the discretion of MBCIA under the published program rules. An application does not entitle anyone to an award. MBCIA may verify the information you provide and may withdraw or recover an award that was based on false information.
Registration for an event or class is complete when we confirm it and any fee is paid. We use OneTap to check attendees in and produce attendance reports. Attendance records may be used to issue certificates and, where a class qualifies, to report attendance, including your Building Official number, to the Massachusetts Board of Building Regulations and Standards (BBRS).
MBCIA does not guarantee that any class will be accepted for continuing education credit by any licensing or certifying body. Confirm credit requirements with the body that issues your license or certification. We may change a speaker, agenda, date, or location, and we may cancel or reschedule an event.
The Site, the member resources, the regulatory database, code memos, blog posts, and class materials are for general information and education. They are not legal advice, engineering advice, or an official interpretation of any code, statute, or regulation. Codes and rules change, and our summaries may be out of date or incomplete. Some of this content is drafted or edited with AI tools and then reviewed by MBCIA staff, and AI tools can make errors. Always check the official source and consult the authority having jurisdiction or a qualified professional before you rely on anything for a permit, inspection, enforcement, or design decision.
You agree to do business with us electronically. You consent to receive notices, disclosures, invoices, and other records from us by email and on the Site, and you agree that they satisfy any requirement that they be in writing. You agree that electronic signatures, including signatures collected through SignWell and SignNow, and electronic records have the same legal effect as handwritten signatures and paper records, to the extent the law permits. Keep your email address current so you do not miss notices. You may ask us for a paper copy of any record.
By giving us your email address, you agree that we may send you account and transaction messages. We send marketing email only as the law allows, and each marketing message includes an unsubscribe link. You can opt out at any time. Opting out of marketing does not stop messages about your account, open invoices, or pending applications.
By giving us your mobile number, you agree that MBCIA may send you text messages through Constant Contact about event and class reminders, membership and dues notices, and announcements. Consent is not a condition of membership or of any purchase. Message frequency varies, and message and data rates may apply. Reply STOP to cancel or HELP for help, or email [email protected]. Carriers are not liable for delayed or undelivered messages. Our Privacy Policy explains how we handle your mobile number.
MBCIA owns or licenses all content on the Services, including text, graphics, logos, photographs, forms, databases, software, and design (the "Content"), and the MBCIA name and logos (the "Marks"). They are protected by copyright, trademark, and other laws.
Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to access the Services and to view, download, and print Content you have properly gained access to, for your personal use or your organization's internal business use. You may not otherwise copy, republish, sell, license, or use the Content or Marks without our written permission. To ask for permission, email [email protected]. We keep all rights not expressly granted.
"Contributions" means anything you submit or post through the Services, including job listings, comments, photos, blog or resource submissions, logos, feedback, and suggestions.
We have no duty to monitor Contributions, but we may review, edit, or remove any Contribution that we reasonably believe breaks these Terms or the law, is harmful, or is unsuitable for the Services.
You may use the Services only for their intended purposes. You agree not to:
We run the Services using third-party platforms, including those named in our Privacy Policy. When you use part of the Services that a third party provides, such as payment, e-signature, login, golf event registration, or printing and shipping of store items, that provider's terms and privacy notice also apply. The Services also link to third-party websites and content. We do not control them, are not responsible for them, and do not endorse them. You use them at your own risk.
Our Privacy Policy at https://www.mbcia.org/privacy-policy explains how we collect and use Personal Information, and it is part of these Terms. The Services are hosted in the United States. If you use them from another country, you consent to the transfer and processing of your information in the United States.
We respect intellectual property rights. If you believe material on the Services infringes your copyright, send a written notice to our designated copyright agent at the address below. Your notice must include:
If you believe we removed your material by mistake, you may send a counter-notification to the same agent that includes: identification of the removed material and where it appeared; a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification; your name, address, and telephone number; a statement that you consent to the jurisdiction of the federal court for your district (or, if you are outside the United States, the district where MBCIA is located) and will accept service from the person who sent the original notice; and your signature. If we receive a valid counter-notification, we will restore the material unless the complainant tells us within the time the law allows that it has gone to court. Knowingly making a false claim in either notice can result in liability for damages.
Designated copyright agent: Sam Joslin, Attn: President, Massachusetts Building Commissioners And Inspectors Association, Inc., PO Box 846, Burlington, MA 01803, United States. Email: [email protected].
You may stop using the Services at any time. Members may end their membership by contacting us, subject to Section 5.3.
We may suspend or end your access to all or part of the Services, or end your membership under the procedures in our bylaws, if you break these Terms or the law, give us false information, fail to pay amounts you owe, misuse members-only content, or create risk or harm for MBCIA or others. Where practical, we will tell you why and give you a chance to respond, except where immediate action is needed to protect the Services or other people. Under our bylaws, the Board of Directors may suspend a member who has shown disregard for the bylaws and objectives of MBCIA, and a member who is one year or more in arrears may be suspended until dues are paid. If we end or suspend your membership for your breach, no refund will be issued, as Section 5.4 provides.
Sections that by their nature should survive termination will survive, including Sections 5 (for amounts owed), 12, 13, 19, 20, 21, 22, and 23.
The Services and all Content are provided "as is" and "as available." To the fullest extent the law permits, MBCIA disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that the Content is accurate, complete, or current. We do not warrant, endorse, or take responsibility for any third-party product, service, listing, or website.
To the fullest extent the law permits, MBCIA and its directors, officers, employees, and volunteers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or related to the Services, even if we were told such damages were possible.
To the fullest extent the law permits, MBCIA and its directors, officers, employees, and volunteers will have no liability to you or anyone else for any claim, loss, or damage arising out of or related to the Services, whether in contract, tort (including negligence), or otherwise. This does not apply to liability that the law does not allow us to exclude, including liability for fraud or willful misconduct. Some laws do not allow certain exclusions, so some of these limits may not apply to you.
To the extent the law permits, you will defend and indemnify MBCIA and its directors, officers, employees, and volunteers against third-party claims, and the losses and reasonable attorneys' fees that result, to the extent they arise from (a) your Contributions, (b) your breach of these Terms, or (c) your violation of the law or of another person's rights. We will tell you about a claim promptly, and we may participate in the defense with counsel of our choice at our own cost. If you are a public entity or public employee and the law does not allow you to give an indemnity, this section applies only to the extent the law allows.
These Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of law principles.
Informal negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but does not need to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Middlesex County, Massachusetts. Except as otherwise provided in these Terms, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Court proceedings. If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Middlesex County, Massachusetts, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms.
Time limit. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to informal negotiations and arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Massachusetts Building Commissioners And Inspectors Association, Inc.
PO Box 846, Burlington, MA 01803, United States
Email: [email protected]
