Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Access Floor Portal (the “Portal”) and the engineering services provided through it by R&M Engineering Consultants, LLC (“R&M Engineering,” “we,” “us,” or “our”). The individual or entity accessing or using the Portal, or submitting requests or payments through it, is referred to in these Terms as “you,” “your,” or “Client.” By creating an account, submitting a request, or paying for a deliverable, you agree to be bound by these Terms.

1. Services

We offer the following professional engineering services through the Portal:

• Bid Phase Recommendation ($75, plus $40 per additional floor area) — a PE-reviewed written recommendation and code-compliance check for a standard access-floor application.
• Full Calculation Package ($800, plus $400 per additional floor area) — a complete PE-stamped structural calculation package for the access-floor system described in your request.
• Custom System (Time & Materials) — custom engineering for complex systems or other scopes that fall outside the standard packages. Billed on a time-and-materials basis with a stated minimum.

Automated Calculation System. Deliverables are prepared using R&M Engineering’s proprietary calculation templates and automated assembly tools. These templates and tools have been developed and reviewed by a licensed Professional Engineer to ensure they correctly apply the applicable engineering methodology for the covered system types and parameter ranges. Inputs you provide are processed by the automated system to produce the engineering calculations and product cut sheets. For deliverables bearing a PE stamp, the stamp certifies that the deliverable was generated by a PE-reviewed system applied to inputs that fall within its validated scope; it does not represent independent hand-calculation of every result. If your project parameters fall outside the system’s validated scope, R&M Engineering will notify you and may require a custom engagement.

All deliverables are issued under the responsible charge of a Professional Engineer licensed in the state in which the deliverable is to be used. We will only stamp deliverables for jurisdictions in which we hold an active license; if you select a state in which we are not currently licensed, you may request that we pursue licensure on a separate timeline through our Contact Us form.

2. Eligibility and Accounts

The Portal is intended for use by professionals and businesses. By registering you represent that you are at least 18 years old and that you are submitting requests on behalf of yourself or a legal entity you are authorized to bind. If you are found not to have had authority to bind the entity on whose behalf you submitted a request, you agree to be personally liable for all fees and obligations arising from that submission.

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Account credentials may not be shared with or transferred to any other person. Requests must be submitted by, or under the direct supervision of, the account holder.

3. Your Responsibilities

You agree to provide accurate, complete project information including geometry, loads, seismic parameters, manufacturer and product selections, equipment, and code edition. Our deliverables are based on the information you provide; inaccurate or incomplete inputs may result in deliverables that are not suitable for your actual conditions. You are responsible for verifying that any data we supply by reference (for example, USGS-derived seismic values) is current and applicable to your site.

Manufacturer and Product Data. Manufacturer product data, load ratings, and specifications referenced in deliverables are taken from publicly available or client-supplied sources current at the time of the request. R&M Engineering does not independently test or warrant manufacturer data. You are responsible for confirming that the products used in construction match the manufacturer, model, and specifications identified in the deliverable and that those ratings remain current and applicable at the time of construction.

4. Pricing, Payment, and Refunds

Fees for standard packages are shown on the Portal at the time you submit your request. Payment is collected at the time of submission through KeyBank merchant services (CoreGateway, a CoreCommerce / Elavon payment gateway).

Refunds. You may request a full refund at any time while your request remains in the “Pending” status (that is, before our engineers have begun review). Once your request advances to “In Review” or beyond, fees are non-refundable because work has begun. For Custom System engagements billed on a time-and-materials basis, you authorize us to bill the stated minimum at submission and to invoice additional time and materials as the work progresses; the minimum is non-refundable once review begins. To request a refund, contact us at engineering@rmstructural.com.

Taxes. Fees are stated exclusive of applicable taxes. Where R&M Engineering is required by law to collect taxes on the services provided, such taxes will be added to your invoice. Any taxes imposed by law that R&M Engineering is not required to collect remain your responsibility to self-assess and remit.

Acceptance. Deliverables are deemed accepted if you do not provide written notice of a specific, material defect to R&M Engineering within ten (10) business days of delivery.

5. Deliverable Use and Intellectual Property

You retain ownership of the project information you submit. Upon full payment, we grant you a non-exclusive, non-transferable license to use the deliverables we produce for the specific project identified in your request. Deliverables may not be reused on other projects, modified, or re-stamped without our prior written consent. All R&M Engineering methods, templates, calculation tools, and software used to prepare the deliverables remain our property.

Digital Stamps. Deliverables may bear a digital PE stamp and/or electronic signature applied in accordance with the regulations of the relevant state licensing board. You agree not to alter, duplicate, or reproduce the digital stamp in any form not authorized by applicable regulations. Printed copies of digitally stamped deliverables are subject to the same use restrictions as the original electronic file.

Record Retention. R&M Engineering retains project records, including submitted information and issued deliverables, for a minimum of seven (7) years following the date of the final deliverable, in compliance with applicable professional engineering record-retention requirements. You are responsible for retaining your own copies of all deliverables.

6. Professional Engineering Disclaimer

Standard of Care. R&M Engineering’s standard of care is to perform engineering services with the degree of skill and care ordinarily exercised by licensed structural engineers performing similar services under similar conditions at the time and location of the services. This standard does not guarantee any particular outcome, approval by an authority having jurisdiction, or fitness for construction conditions not communicated to R&M Engineering.

Code Applicability. Code editions, jurisdictional amendments, and site conditions vary; you are responsible for confirming with the authority having jurisdiction (AHJ) that the code edition and parameters reflected in the deliverable apply to your project. R&M Engineering is not responsible for construction means and methods, contractor workmanship, or for changes to the project made after the deliverable is issued.

Deliverable Shelf Life. Deliverables reflect codes, seismic parameters, and product data in effect at the time of issuance. R&M Engineering is not responsible for code changes, map updates, or product discontinuations that occur after the deliverable is issued. If construction has not begun within twelve (12) months of the deliverable issue date, you should contact R&M Engineering to confirm continued applicability before proceeding.

AHJ Rejection. R&M Engineering does not guarantee that deliverables will be accepted without modification by any authority having jurisdiction. If an AHJ requests changes, you must submit those change requests to R&M Engineering through the Portal. Changes required solely due to local amendments not reflected in the applicable code edition at the time of the original request, or due to AHJ preferences beyond the code’s requirements, will be treated as a revised request and may be subject to additional fees.

7. Third-Party Reliance

Deliverables are prepared solely for the benefit of the Client named in the project request and for the specific project identified therein. R&M Engineering makes no representation to, and assumes no duty of care toward, any third party who may receive or rely on a deliverable. Any third-party reliance on a deliverable is at such party’s sole risk, and R&M Engineering expressly disclaims all liability to third parties arising from such reliance.

8. Corrections and Revisions

If R&M Engineering determines that a deliverable contains a material error attributable to R&M Engineering (and not to inaccurate or incomplete Client inputs), R&M Engineering will issue a corrected deliverable at no additional charge. The corrected deliverable will bear a revised issue date. Upon receipt of a corrected deliverable, you agree to immediately discontinue use of the prior version and, where practicable, retrieve or notify parties who have received the prior version.

Revisions requested because of changes to project information, scope, or owner decisions after the original deliverable is issued will be treated as a new request and billed accordingly. R&M Engineering is not responsible for any loss, damage, or expense arising from your use of a deliverable after R&M Engineering has notified you that a corrected version is available.

9. Data and Confidentiality

R&M Engineering will use project information you submit solely to prepare and deliver your requested services and to maintain records as required by professional engineering regulations. We will not disclose your project information to third parties except as necessary to perform the services, as required by law or court order, or with your written consent.

R&M Engineering’s collection, use, and protection of personal information submitted through the Portal is further described in our Privacy Policy at https://www.rafcalcs.com/privacy, which is incorporated into these Terms by reference.

10. Professional Liability Insurance

R&M Engineering maintains professional liability (errors and omissions) insurance appropriate to its scope of services.

11. Prohibited Use

You agree not to:

• Misrepresent your identity, authority, or project information.
• Use the Portal to access another user’s account, requests, or files.
• Attempt to disrupt, probe, or compromise the security or availability of the Portal.
• Use any deliverable on a project other than the one identified in your request without our prior written consent.
• Re-stamp, alter, or remove R&M Engineering markings from any deliverable.

12. Termination

You may stop using the Portal at any time. We may suspend or terminate your account if you violate these Terms, if your use creates legal or security risk, or if continued service becomes commercially impracticable. Termination does not affect rights or obligations that by their nature should survive, including payment obligations, license terms, confidentiality obligations, disclaimers, and limitation of liability.

13. Disclaimers

Except for the express professional-engineering standard of care set forth in Section 6 of these Terms, the Portal and all deliverables are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, R&M Engineering disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the maximum extent permitted by law, R&M Engineering’s total liability arising out of or relating to a deliverable or your use of the Portal will not exceed the fees you paid us for the specific deliverable giving rise to the claim. In no event will we be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or business interruption, even if advised of the possibility of such damages.

You acknowledge that the fees charged reflect the allocation of risk set forth in these Terms, that R&M Engineering would not have provided the services at these prices without these limitations, and that you have had the opportunity to seek alternative providers or to negotiate a different risk allocation.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or willful misconduct.

15. Indemnification

You agree to defend, indemnify, and hold harmless R&M Engineering and its principals, employees, and agents from any third-party claim arising from: (a) your inaccurate or unauthorized inputs; (b) your use of a deliverable outside the scope of the license granted in these Terms; or (c) your violation of these Terms.

16. Dispute Resolution

Before initiating any legal proceeding, the party asserting a dispute must provide written notice to the other party at the contact address below, describing the nature of the dispute and the relief sought. The parties will then attempt in good faith to resolve the dispute within thirty (30) days of the date the notice is received (the “Resolution Period”). If the dispute is not resolved within the Resolution Period, either party may pursue its available legal remedies as set forth in Section 17. Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief in a court of competent jurisdiction where necessary to prevent irreparable harm.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Portal will be the state and federal courts located in Salt Lake County, Utah, and you consent to personal jurisdiction in those courts.

18. Miscellaneous

Severability. If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Entire Agreement. These Terms, together with any order confirmation or engagement letter for your specific project and the Privacy Policy incorporated by reference in Section 9, constitute the entire agreement between you and R&M Engineering with respect to the Portal and the services, and supersede all prior or contemporaneous representations, proposals, or agreements.

Waiver. No waiver of any provision of these Terms will be effective unless in writing. R&M Engineering’s failure to enforce any provision in a particular instance does not waive its right to enforce the same provision in the future.

Assignment. You may not assign, transfer, or sublicense your rights or obligations under these Terms without R&M Engineering’s prior written consent. R&M Engineering may assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets, provided that the assignee assumes all of R&M Engineering’s obligations under these Terms.

Force Majeure. R&M Engineering will not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, government actions, natural disasters, labor disputes, third-party service failures, or internet or telecommunications outages. In such events, R&M Engineering will notify you promptly and use commercially reasonable efforts to resume performance.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Effective” date above. Material changes will be communicated by email or through the Portal. Your continued use of the Portal after a change becomes effective constitutes acceptance of the updated Terms.

20. Contact

Questions about these Terms can be sent to engineering@rmstructural.com, or by mail to: