ICC Website Terms of Use

Last revised January 3, 2023

1. Acceptance of Terms

Pursuant to these Terms of Use, International Code Council, Inc., International Accreditation Service, Inc., ICC Evaluation Service, LLC, Solar Rating and Certification Corporation, General Code, LLC, ICC Community Development Solutions, LLC, ICC NTA, LLC, S. K. Ghosh Associates, LLC, Alliance for National & Community Resilience, Inc., ICC PEI, LLC, and their respective affiliates and subsidiaries (collectively, "We," "Us," "Our," "ICC") provide You limited rights of use and access to Our websites, including https://www.iccsafe.org/ and other websites where these Terms of Use are posted (together, the “Site”), and Our online services, content, products, subscriptions, mobile applications, and software used in connection with any of the foregoing (collectively, “Digital Content”). The Site and Digital Content shall collectively be referred to as the “Services.” By accessing or otherwise using any of the Services, you agree, on behalf of yourself and any other person or entity who uses any Service under your account, including your employer (collectively, “You”), to the following terms and conditions under the Terms of Use, and represent that You and all of your authorized users are of the legal age of majority in your state or jurisdiction of residence and, if applicable, You are authorized by your employer to agree to such terms on your employer’s behalf.

The Terms of Use are in addition to and do not nullify, any other agreement between You and Us or any other applicable terms and conditions for the Services. You agree to comply with all rules or restrictions that are posted on the Services. ICC offers a wide range of Digital Content, and additional terms may apply to certain Digital Content. When you use Digital Content (for example, Digital Codes Premium, cdpACCESS, MyICC App, eCode 360), You also will be subject to the guidelines, terms and agreements applicable to that particular Digital Content ("Digital Content Terms"). If a particular term within the Terms of Use is inconsistent with the Digital Content Terms, the relevant term within the Digital Content Terms will control.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THE TERMS OF USE INCLUDE A PROVISION REQUIRING THAT YOU AND WE WILL RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, UNLESS AN EXCEPTION APPLIES.

2. Privacy Policy

In addition to reviewing these Terms of Use, You should also read Our Privacy Policy to better comprehend how We collect and use Your personal information. Your use of the Services constitutes Your agreement to Our Privacy Policy.

3. Suspension or Termination of Your Use

Your failure to follow the requirements of the Terms of Use may result in suspension or termination of Your access to the Services, without notice, in addition to ICC’s other remedies. ICC further reserves the right to terminate, without notice and in its sole discretion, any user’s access to or use of the Services for any reason.

4. Licenses

Subject to your compliance with these Terms of Use and any applicable Digital Content Terms, and your payment of any applicable fees, ICC grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, internal business, and non-commercial use of the Services, including the Digital Content provided by ICC and its licensors, which includes, but is not limited to:

• Mobile Apps: MyICC App and other mobile apps provided by ICC.
• cdpACCESS: ICC’s cloud-based system for the code development process.
• Subscription Products: ICC’s online subscription platform to access and interact with the full range of ICC’s digital titles in the ICC library, offering varying levels of access from single title to the full digital library.
• Electronic Products: Model, international, state, city and county codes and amendments, standards commentaries, translations, digital books, recordings of code hearings, and references and other digital textual, graphic, video, and database materials.
• Single User Electronic Products: PDF downloads, code hearing downloads, iQuest single user CD-ROMs, Digital Codes Premium single user, and other Electronic Products that are identified as intended for a single user.
  • For all Single User Electronic Products, the foregoing license ICC grants You is a single seat license to download the Single User Electronic Product to a single computer or device using the identification and password information provided to You by ICC. For Single User Electronic Products, You are permitted to make one back-up copy of the applicable licensed product. Single User Electronic Products are intended and licensed for use by only one authorized user.
• Multiple User Electronic Products: ICC multiple user Electronic Products include: Digital Codes Premium Multiple User Subscriptions, PDF CDs, iQuest multiple user CD-ROMs and other multiple user Electronic Products that are identified as intended for multiple installation (e.g., 5 seats, 10 seats, etc.).
  • For all Multiple User Electronic Products, the foregoing license that ICC grants You is applicable to the number of computers or devices identified by ICC as eligible to use the identification and password provided to You by ICC. Each Multiple User Electronic Product will identify the number of authorized users that may access and use the Electronic Product on their computers or devices. For any Multiple User Electronic Products that are downloaded to your network and not to individual computers or devices, You may only allow the applicable number of authorized network users associated with the licensed Electronic Product to access and use the Electronic Product via the network. For example, if You purchase a Multiple User Electronic Product for installation on your network with rights for 5 users, You may only allow 5 users to access the Electronic Product via the network at any given time. You will be responsible for ensuring that each authorized user has read and agreed to the Terms of Use and applicable Digital Content Terms. An authorized user may not make an Electronic Product available electronically to anyone other than another authorized user in any fashion. You will provide ICC, upon request, the names and physical and email addresses of each authorized user.

The licenses ICC grants to use our Digital Content, as set forth in these Terms of Use and applicable Digital Content Terms, do not include any: resale or commercial use of any Service or Digital Content; derivative use of any Service or Digital Content; downloading, copying, distribution, or display of Digital Content (or portion thereof) or account information to, by, or for the benefit of any third party (for example, a user other than You/the authorized users for a Multiple User Electronic Product); or use of data mining, robots, or similar data gathering and extraction tools with any Service or Digital Content. Please contact us at license@iccsafe.org to discuss additional licenses for further uses.

All rights not expressly granted to You in these Terms of Use or any applicable Digital Content Terms are reserved and retained by ICC or its licensors. For avoidance of doubt, no Service, nor any part of any Service (including Digital Content or any portion thereof), may be reproduced, displayed, distributed, transferred, sublicensed, sold or otherwise exploited: (i) on a third-party or government website, (ii) for the benefit of a third party, or (iii) for any commercial purpose without express written consent of ICC. You may use the Services only as permitted by law. The licenses granted by ICC terminate if You do not comply with these Terms of Use or any Digital Content Terms. Upon termination of any license granted under the Terms of Use or Digital Content Terms, You must return to ICC or destroy the original and any copies of all Digital Content.

5. Ownership of the Services and Site Information; Intellectual Property Rights

The Services, including the Site, Digital Content, and the design and content features thereof (including without limitation, information and other materials, illustrations, product layout, and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof), are owned by ICC or its affiliates or are licensed from third-party service providers by ICC. The Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved to ICC or its affiliates or applicable licensors.

Except as expressly permitted by the Terms of Use, applicable Digital Content Terms, or any other applicable terms and conditions to which You agree, no portion of the Services may be reprinted, republished, modified, publicly displayed, publicly performed, or distributed in any form without Our express written permission. You may not, and the Terms of Use do not give You permission to, reproduce, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, adapt, amend, translate, transmit, sell (or participate in any sale), distribute, license, or create derivative works with respect to the Services.

Certain components of the Services may be licensed from third parties and all such third-party components of the Services and all intellectual property and proprietary rights related to such third-party components of the Services belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Services or the third-party components of the Services.

You agree not to use the Services, in whole or in part, in any way for any public or commercial purpose or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Us or Our licensors, that dilutes the strength of Our intellectual property or Our licensor’s intellectual property, or that otherwise infringes on Our or Our licensor’s intellectual property rights. You further agree to in no other way misuse the Services, in whole or in part.

6. Services Information is Provided As Is; Use of Services

The Services are provided “as is” with all faults. You use the Services, as authorized herein, at Your own risk. The Services may contain errors, omissions, or typographical errors or may be out of date. The Services may change, delete, or be updated at any time and without prior notice. You understand that We cannot and do not guarantee or warrant that files, if any, available for downloading from the Services will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots, or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”)..

You understand that We cannot and do not guarantee or warrant that files, if any, available for downloading from the Services will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots, or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”).

7. Eligibility to Use the Services

The Services are not intended for users under the age of 18. To register for and/or use any Services, You must be at least 18 years old or the age of majority in the jurisdiction where you reside. If You do not meet this requirement, You may only use Services in conjunction with Your parents or guardians.

8. Accurate Information; Registration and Passwords

In consideration of Your use of the Services, You agree to: (a) provide true, accurate, and current and complete information as prompted on the Services; and (b) maintain and update such information to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We may suspend or terminate Your use of the Services and/or decline to permit Your continued use of the Services and future access to the Services.

You may need a username and password to use certain features of the Services. By selecting a user name, You agree that You will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that We, in Our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of Your password and account and are responsible for all activities (whether by You or by others) that occur under Your password or account. You will notify Us immediately of any unauthorized use of Your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of Your password or account by a third party.

9. Acceptable and Lawful Use of Discussion Forums and Other Interactive Features

You may have the opportunity to post, stream, transmit, or otherwise provide ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content on the Services, including information on bulletin boards, chat rooms, cdpACCESS, or other forums (collectively “User Generated Content”). In interacting with the Services and providing User Generated Content, You must not:

• Engage in any conduct that, in Our sole judgment, restricts or inhibits any other user from using or enjoying the Services;
• Use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Interfere with or disrupt any servers or networks used to provide the Services or its features, or disobey any requirements, procedures, policies, or regulations of the networks We use to provide the Services;
• Gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by means such as hacking, password mining, or any other illicit conduct;
• Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Services, without Our written consent;
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users;
• Post information or content that we deem in Our sole discretion to be violent, harmful, abusive, hateful, offensive (to persons of or having a particular race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition), pornographic, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
• Post information or content that is illegal or for which You do not have the right to share (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets or proprietary information);
• Post any information or content that is false, misleading, deceptive, fraudulent, contains a Hazard, or may otherwise create a risk of any other loss or damage to any person or property
• Infringe any third party’s intellectual property, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• Circumvent, including without limitation, by avoiding, bypassing, removing, deactivating, impairing, or descrambling any technological measure to protect the Services;
• Violate or encourage any conduct that violates any applicable law or regulation;
• Request, collect or store username, password, or any other account authentication information from other users; or
• Encourage or enable any other individual to do any of the activities prohibited under these Terms of Use.

We shall have the right, but no obligation, to monitor the User Generated Content made available on the Services to determine compliance with the Terms of Use and any other operating rules We establish. We shall have the right in Our sole discretion to edit, refuse to post, or remove any User Generated Content made available on any of the Services. Notwithstanding this right, You shall remain solely responsible for the content of Your User Generated Content (including obtaining any relevant permissions or licenses to authorize the uses of the User Generated Content that You agree to under the Terms of Use). We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on any of the of the Services, whether it is provided by Us, Our employees, or a third party.

Under no circumstances will We be liable for any loss or damage of any kind caused by reliance on information obtained through any User Generated Content on any of the Services. We are not responsible for any offensive, defamatory, obscene or any other posting made on any of the Services. We reserve the right at all times to disclose any information We believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Our sole discretion are inappropriate, objectionable or in violation of the Terms of Use or other applicable terms and conditions. We also reserve the right to deny access to the Services or any features of the Services to anyone who violates the Terms of Use or who, in Our sole judgment, interferes with the ability of others to enjoy the Services or infringes the rights of others. Neither We nor any third-party content provider shall assume or have any liability for any action or inaction by Us or any third-party content provider with respect to any conduct, communication or posting on the Services.

Any user who feels that a posted message is objectionable or otherwise fails to comply with our requirements for User Generated Content is encouraged to contact Us by email to reporting@iccsafe.org.

We are a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230 and expressly reserve Our rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Services or through any interactive features of such Services.

10. User Generated Content

You (or your authorized licensor) retain ownership to User Generated Content submitted on the Services. However, by submitting Your User Generated Content to Us, You hereby grant Us the following worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable and transferable rights and licenses:

• to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the User Generated Content to appropriate media formats, standards or mediums as part of the Services We provide;
• to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the User Generated Content on the Services, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third-party sites, in any media format or medium and through any media channels; and
• to use User Generated Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your User Generated Content in any media format or medium and through any media channels.

By submitting User Generated Content for inclusion in the Services, You also grant the following use of and rights to Your User Generated Content to users of ICC Services (“Users”): (i) the non-exclusive license to access Your User Generated Content through the Services; (ii) the ability for Users to rate review and comment on Your User Generated Content; and (iii) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform Your User Generated Content as permitted through the functionality of the Services and under these Terms of Use and other applicable terms and conditions.

For information regarding the use of personal information You provide or communicate to ICC, please see Our Privacy Policy.

11. No Endorsement of Links to Other Web Sites

Any links to non-ICC websites are provided as merely a convenience to You. The Services or ICC advertising or promotional materials may provide links or references to non-ICC websites but We have not reviewed all of these other websites, have no responsibility for the content of such other websites, and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Us, We do not operate, control, or endorse any information, products, or services on the Internet in any way. We do not endorse or make any representations about these non-ICC websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If You decide to access any of these non-ICC websites linked to the Services, You do so entirely at Your own risk.

In order to access and use some Digital Content, You may need to download or otherwise obtain access to materials that are provided by third parties (“Third Party Materials”). Third Party Materials may be licensed to You subject to the terms and conditions of the applicable license agreements accompanying such Third Party Materials. Use of such materials by You is governed entirely by the terms and conditions of the applicable Third Party Materials license agreements and not by this Terms of Use.

By using any Digital Content, You acknowledge and agree that ICC is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third Party Materials. ICC does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third Party Materials

12. Indemnification

You agree to indemnify, defend and hold Us and Our affiliates, officers, directors, employees, and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorney’s fees) resulting from (i) Your use, misuse or abuse of the Services, or (ii) Your breach of any provision of these Terms of Use. You will cooperate as fully as reasonably required in Our defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not, in any event, settle any matter without Our written consent.

13. Disclaimer of Warranty and Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ICC, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. ICC, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SERVICES.

ICC, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS TERMS OF USE, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD-PARTY SITES LINKED TO SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.

YOU HEREBY AGREE TO RELEASE ICC, ITS AFFILIATES, ITS SUBSIDIARIES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

14. Electronic Communications

When You visit the Site or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

IMPORTANT NOTICE: THIS TERMS OF USE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS

15. Disputes: Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

1. Federal Arbitration Act. The parties agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. To the extent state law applies, the law of the State of New York will govern.

2. Informal Dispute Resolution. Most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with ICC, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. For informal resolution, You agree to contact ICC’s support department at 888-ICC-SAFE (888-422-7233), or ICC may contact You using the last available information it has for you. This informal dispute resolution requirements is a prerequisite for any dispute, claim, or disagreement.

3. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then the parties agree to resolve by arbitration subject to the terms herein (unless an exception applies, as outlined below). Specifically, all claims arising out of or relating to this Terms of Use (including its formation, performance, and breach), the parties’ relationship with each other, and/or your download of, access to, or use of the Electronic Products shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Terms of Use, including, but not limited to any claim that all or any part of this Terms of Use is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including public injunctive relief if You reside in California. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, You must do the following: (A) Write a Demand for Arbitration that includes a description of the claim and the amount of damages You seek to recover. You may find a copy of a Demand for Arbitration at jamsadr.com; (B) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave. (NY Times Building), 34th Floor, New York, NY 10018; and (C) Send one copy of the Demand for Arbitration to us at 4051 Flossmoor Rd, Country Club Hills, IL 60478.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit in a court of applicable jurisdiction where You live, we will pay the difference between the applicable court filing and the arbitration filing fee. The arbitration rules also permit You to recover attorney's fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If You are a resident of the United States, arbitration may take place at any reasonable location within the United States convenient for You or may take place by video or on the papers, if You so choose. For residents outside the United States, arbitration shall be initiated in the District of Columbia, United States of America, and You and we agree to submit to the personal jurisdiction of any federal or state court in the District of Columbia, United States of America in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

4. Class Action Waiver. The parties further agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ICC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

A. Exception: Litigation of Intellectual Property Injunctive Relief and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through initial dispute resolution or binding arbitration, either party may bring an action in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Further, to extent that a breach of this Terms of Use may cause irreparable injury to ICC for which monetary damages would not be an adequate remedy, ICC shall be entitled to seek equitable relief from a court of competent jurisdiction without a bond, other security or proof of damage.

B. 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to marketing@iccsafe.org with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (1) your first download of, access to, or use of the Electronic Products; or (2) notice to You by ICC of any material changes to this Section 15 regarding dispute resolution. Otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt out of these arbitration provisions, we also will not be bound by them.

C. Changes to this Section. ICC will provide 30-days' notice of any material changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th (unless You opt-out as permitted above). If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the Section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver (or similarly named) section in existence after You first downloaded, accessed, or used the Application.

We make no representations that the Services are appropriate, available or legal in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Services are for Use in the United States

The Site and Services are hosted in the United States and are intended for users located in the United States. If You are a non-U.S. user of the Site or Services, by visiting the Site or using the Services and/or providing Us with any personal, anonymous browsing or non-personal information, User Generated Content, or any other content, You agree to comply with all federal and state U.S. laws governing the Site, the Services, online conduct and acceptable content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which You reside. Materials downloaded or otherwise made available from the Site and the Services may be subject to United States export control laws which prohibit the export of certain technical data and software to certain territories. You are not authorized, nor do We authorize you, to download or export any materials or technical data from the Site or the Services to any jurisdiction prohibited by United States export control laws.

17. Digital Millennium Copyright Act; Copyright Complaints

We respect the intellectual property rights of others and require those that visit the Site and use the Services and Our network to do the same. We may, in appropriate circumstances and at Our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, at Our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to Our Site or users of the Services repeatedly infringe on others’ copyrights, We may in Our sole discretion terminate those individuals’ rights to use Our Site or the Services.

If You believe that Your work has been used on Our Site or the Services in any manner that constitutes copyright infringement, please notify ICC’s copyright agent by written notice. The notice should include the following information:

• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• A description of the copyrighted work You claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
• Identification of the location on Our Site or in the Services of the material You claim has been infringed, or the link or reference to another website that contains the material You claim has been infringed;
• Your name, address, telephone number and email address;
• A statement by You that You have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
• A statement by You that the information in this notification is accurate and a statement, under penalty of perjury, that You are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.

ICC’s copyright agent for notice of claims of copyright infringement on Our Site and Our network can be reached at the following: By mail: ZwillGen PLLC, 1900 M. Street, NW, Suite 250, Washington, DC 20036
By telephone: 202-296-3585
By email: dmca@zwillgen.com

18. Policy Regarding Use of Our Trademarks

The trademarks, logos, and service marks (“Marks”) displayed on the Services are registered trademarks of their respective owners, are the property of their respective owners, and are protected by the U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that We sponsor or with which We are otherwise affiliated. Our trademarks may not be used for personal financial gain. Use of the Marks is prohibited without Our express written consent except as permitted by applicable laws. Nothing in these Terms of Use or otherwise contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without Our express written consent.

19. Severability

In the event that one or more portions of these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in the Terms of Use.

20. Headings

The headings used throughout these Terms of Use are solely for the convenience of reference and are not to be used as an aid in the interpretation of the Terms of Use.

21. No Waiver

Any delay or failure by You or Us, at any time or times, to require performance of any provision of these Terms of Use shall in no manner affect Your or Our right at a later time to enforce such provision. No delay or failure of You or Us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.

22. Entire Agreement, Updates and Modifications

These Terms of Use and any policies, documents, and terms expressly incorporated by reference constitute the entire agreement between Us and You pertaining to the subject matter hereof. In Our sole discretion, We may unilaterally amend or modify these Terms of Use or any other materials referenced herein at any time by posting on the Services. The date of the most recent revision will appear at the top of this page. If We have an e-mail contact for You and the changes to these Terms of Use are material, We may notify You of such changes by sending You an e-mail to the address You have provided to Us. We encourage You to review these Terms of Use periodically for any updates or changes. Any amended or modified terms will be effective upon posting or at the time set forth in an e-mail notice to You. Continued use of the Services constitutes acceptance of any modified terms and conditions.

ICC also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant parts of the Services, and will be identified clearly and conspicuously. Your continued use of the Services constitutes Your agreement to comply with these additional rules.

23. Assignment

You may not assign Your rights or delegate Your responsibilities hereunder without Our express written permission. We may, at any time, assign Our rights or delegate Our obligations hereunder without notice to You.

24. Third Party Beneficiary Rights

Except as otherwise expressly stated, no person or entity not a party to these Terms of Use is intended to be a beneficiary of such Terms of Use, and no person or entity not a party to these Terms of Use shall have any right to enforce any term of such Terms of Use.

25. NOTICE FOR APPLE MOBILE APPLICATION USERS

If You use our iOS mobile application to access the MyICC App, your license to use the mobile application is limited to a non-transferable license to use the application on an iPhone or other iOS Product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, provided that the Services may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing programs.

In addition, you acknowledge and agree that:

• these Terms are between You and ICC, and not with Apple, and Apple is not responsible for the MyICC App and the content thereof;
• Apple has no obligation at all to provide any support or maintenance services in relation to the MyICC App, and any maintenance or support questions related to the MyICC App should be directed to ICC;
• except as otherwise expressly set forth in this Terms of Use, any claims relating to the possession or use of the Platform are between you and Slice (and not between you, or anyone else, and Apple);
• in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the MyICC App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
• You may not use the MyICC App in any manner that is in violation of or inconsistent with the Usage Rules set forth for such services in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions;
• Your use of the MyICCApp must comply with any applicable third-party terms of agreement, such as your wireless data service agreement;
• ICC and you acknowledge that ICC, not Apple, is responsible for addressing any claims of you or any third party relating to the MyICC App or your possession and/or use of the MyICC App, including, but not limited to: (i) product liability claims; (ii) any claim that the MyICC App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with any use of the HealthKit and HomeKit frameworks by the MyICC App;
• Although these Terms are entered into between you and ICC (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you; and
• If the MyICC App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of such mobile application (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the MyICC App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the MyICC App or as a result of You or anyone else using any of the MyICC App or relying on any of its content.

You represent and warrant that (i) You are not located in, and will not access the Site or the Services from, any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) You are not listed on any United States Government list of prohibited or restricted parties.

If You have any questions about these Terms of Use, contact Us at questions@iccsafe.org.