Notice to Users of This Publication

Notice to Users of This Publication

1. DISCLAIMER OF WARRANTIES

a) The Northwest Masonry Institute (“NWMI”) provides its product for informational purposes.

b) The product contains “Data” which is believed by NWMI to be accurate and correct but the data, including all information, ideas and expressions therein, is provided strictly “AS IS” with all faults. NWMI makes no warranty either expressed or implied regarding the Data and NWMI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

c) By using the data contained in the product user accepts the Data “AS IS” and assumes all risk of loss, harm or injury that may result from its use. User acknowledges that the Data complex, subject to faults and requires verification by competent professionals, and that modification of parts of the Data by user may impact the results or other parts of the Data.

d) IN NO EVENT SHALL NWMI BE LIABLE TO USER, OR ANY OTHER PERSON, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATED TO USER’S USE OF MIW’S PRODUCT OR MODIFICATION OF DATA THEREIN. This limitation of liability applies even if NWMI has been advised of the possibility of such damages. IN NO EVENT SHALL NWMI’S LIABILITY EXCEED THE AMOUNT PAID BY USER FOR ACCESS TO MIW’S PRODUCT OR $1000.00, WHICHEVER IS GREATER, REGARDLESS OF LEGAL THEORY.

e) User by its use of NWMI’s product acknowledges and accepts the foregoing limitation of liability and disclaimer of warranty and agrees to indemnify and hold harmless NWMI from and against all injuries, claims, loss or damage arising, directly or indirectly, out of user’s access to and use of NWMI’s product or the Data contained therein.

2. ACCEPTANCE

This document or publication is prepared for voluntary acceptance and use within the limitations of application defined herein, and otherwise as those adopting it or applying it deem appropriate. It is not a safety standard. Its application for a specific project is contingent on a designer or other authority defining a specific use. NWMI has no power or authority to police or enforce compliance with the contents of this document or publication and it has no role in any representations by other parties that specific components are, in fact, in compliance with it.

3. AMENDMENTS

The Association may, from time to time, issue formal interpretations or interim amendments, which can be of significance between successive editions.

4. PROPRIETARY PRODUCTS

NWMI encourages technological development in the interest of improving the industry for the public benefit. NWMI does not, however, endorse individual manufacturers or products.

5. FORMAL INTERPRETATION

a) A formal interpretation of the literal text herein or the intent of the technical committee or task force associated with the document or publication is obtainable only on the basis of written petition, addressed to the Technical Resources Department and sent to the Association’s office in Bellevue, Washington. In the event that the petitioner has a substantive disagreement with the interpretation, an appeal may be filed with the Technical Resources Committee, which has technical oversight responsibility. The request must pertain to a specifically identified portion of the document that does not involve published text which provides the requested information. In considering such requests, the Association will not review or judge products or components as being in compliance with the document or publication. Oral and written interpretations otherwise obtained from anyone affiliated with the Association are unofficial. This procedure does not prevent any committee or task force chairman, member of the committee or task force or staff liaison from expressing an opinion on a provision within the document, provided that such person clearly states that the opinion is personal and does not represent an official act of the Association in any way, and it should not be relied on as such. The Board of Directors of NWMI shall have final authority for interpretation of this standard with such rules or procedures as they may adopt for processing same.

b) NWMI disclaims any liability for any personal injury, property damage, or other damage of any nature whatsoever, whether special, indirect, consequential or compensatory, direct or indirectly resulting from the publication, use of, or reliance upon this document. NWMI makes no guaranty or warranty as to the accuracy or completeness of any information published herein.

6. APPLICATION

a) Any standard contained in this publication were developed using reliable engineering principles and research plus consultation with and information obtained from, manufacturers, users, testing laboratories, and others having specialized experience. They are subject to revision as further experience and investigation may show is necessary or desirable. Construction and products which comply with these Standards will not necessarily be acceptable if, when examined and tested, they are found to have other features which impair the result contemplated by these requirements. The Northwest Masonry Institute and other contributors assume no responsibility and accept no liability for the application of the principles or techniques contained in this publication. Authorities considering adoption of any stands contained herein should review all federal, state, local, and contract regulations applicable to specific installations.

b) In issuing and making this document available, NWMI is not undertaking to render professional or other services for or on behalf of any person or entity. NWMI is not undertaking to perform any duty owed to any person or entity to someone else. Any person or organization using this document should rely on his, her or its own judgment or, as appropriate, seek the advice of a competent professional in determining the exercise of reasonable care in any given circumstance.

7. THE NWMI LOGO

The NWMI logo is registered as a membership identification mark. The Association prescribes acceptable use of the logo and expressly forbids the use of it to represent anything other than possession of membership. Possession of membership and use of the logo in no way constitutes or reflects NWMI approval of any product, method, or component. Furthermore, compliance of any such item with standards published or recognized by NWMI is not indicated by presence of the logo.