Designer Agreement. In the scenario described in clause 1(b) immediately above, you may be required, before you have the right to receive and use the Plans, to enter into an agreement with the Designer (“Designer Agreement”) in addition to these Terms. In such case, if you do not agree to enter into the Designer Agreement, the order will be cancelled and you will receive a refund for any amounts you may have already paid to Houseplans to purchase such rights. Any Designer Agreement will supplement but not replace these Terms. If there is any conflict or inconsistency between these Terms and a Designer Agreement, every effort will be made to reasonably construe such provisions in a manner that resolves such conflict or inconsistency; provided, however, that if such conflict or inconsistency cannot be reasonably construed in such manner, the more restrictive provisions regarding the scope of rights to use the Plans, and the more expansive provisions regarding obligations applicable to you and limitations on our and the Designer’s liability, shall apply.
You may order some Plans by paying money (“Purchased Plans”), and other Plans by giving us the right to use your contact information for marketing purposes, as described below (“Free Plans”). In all cases, you will be responsible for any applicable sales or similar taxes and shipping and handling costs, if specified. All orders to Houseplans are final, and no refunds will be granted for any reason. Unless otherwise specified, all monetary amounts referenced on the Site refer to U.S. dollars.
As a condition to ordering Free Plans, you agree that Houseplans may share the contact and other information that you provide with other companies, who may use it to contact you, by telephone, email, text/SMS message or postal mail, concerning products or services that they believe may be of interest to you. In particular, by ordering Free Plans, you consent to receive telephone calls and other communications including text/SMS messages at the number(s) you provide, including any wireless or residential number, using an automated telephone dialing system and/or pre-recorded message. By way of clarification, you will not need to provide this consent for telephone calls and text or SMS messages as a condition to obtaining Purchased.
You may not re-use the Plans (e.g., for building any additional home(s)), without the prior written consent of Houseplans, which consent shall require payment of a re-use fee and may be subject to additional conditions, as specified by Houseplans.
Overview. Houseplans, or one of its affiliates or independent Designers, will customize your Plans (“Customization Services”) on request, as detailed below, and provided customized versions of the Plans (“Customized Plans”). For purposes of the Customization Services, references to Houseplans may apply to Houseplans’ affiliate or Designer. “Customized Plans” are still Plans for purposes of these Terms. As such, Houseplans and/or its Designer will retain all Intellectual Property Rights in any Customized Plans, even if the Customized Plans reflect your comments or input.
Additional Services. If you request revisions to the Customized Plans after such delivery, or otherwise require any services outside of the Scope, those services will be considered “Additional Services” and subject to additional fees as specified in a subsequent price quote. By way of clarification, unless otherwise expressly specified in the Scope, Customization Services will not include (i) architectural or engineering services required to make changes to Plans for purposes of compliance with local building codes or to comply with changes in Applicable Laws; (ii) construction cost estimating services, materials lists, take offs and other related services; (iii) site evaluation and selection services; (iv) design and construction review services relating to the contractor's or construction manager’s safety precautions or to the means, methods, techniques, sequences or procedures required for the contractor or construction manager to perform its work, but not relating to the final or completed structure; or (v) services made necessary by the default, failure of performance or termination of the contractor or construction manager under its contract or by defects or deficiencies in the work of a contractor of construction manager.
Fees. If you decide to purchase the Customization Services, you will be deemed to have agreed to pay the fees in the amount of the initial price quote. If you decide to purchase Additional Services, you will likewise be deemed to have agreed to pay the fees in the amount of such subsequent price quote. In all cases, you will be responsible for payment of any reimbursable expenses incurred in the interest of the project, including costs, marked up by 10%, of consultants, reproductions, postage and handling, faxes, photography, messenger service, long distance telephone calls, travel and meals, supplies, renderings and models and approved overtime work. Payment is due at time of purchase for the initial Customization Services, and again at the time of purchase of any Additional Services, if applicable, unless otherwise agreed in writing. You will be required to pay interest for any payments due and unpaid more than thirty (30) days after the date of Invoice, at a rate equal to the lesser of (i) 1.5% per month, or (ii) the greatest amount permitted under applicable law. Without limitation of any other rights or remedies under these Terms or pursuant to Applicable Laws, Houseplans may withhold the release of contract documents for permit, bidding, and construction, if payment on invoices is not current.
Suspension or Termination. Either you or Houseplans may terminate the Customization Services at any time on at least seven (7) days’ written notice. If you terminate the Customization Services, you will not be entitled to any refund of amounts already paid. If Houseplans terminates the Customization Services, you will be entitled to an equitable refund based on the portion of the Customization Services prepaid but not already performed, as reasonably determined by Houseplans. No refund will be issued for the purchase of the original Plans. Houseplans shall be entitled to compensation for all services and reimbursable expenses incurred prior to receipt of written notice of termination from you. If the Project is resumed, after being terminated for more than one (1) months, and should Houseplans agree to resume performance of Customization Services, there will be a re-activation fee at 15% of the original customization fee. In the event the Houseplans does not receive the agreed compensation when due, Houseplans may, without limitation of its other rights or remedies, suspend performance of the Customization Services.
Indemnity. You agree to indemnify and defend Houseplans and its affiliates, and their respective Designers or other licensors, and the officers, directors, owners, agents, representatives, contractors, employees and assigns of the foregoing (collectively, the "Indemnified Parties") and hold them harmless from and against any and all losses, demands, causes of action, damages, liability and costs and expenses, including￼reasonable attorneys' fees, incurred or sustained by any of the Indemnified Parties in connection with (i) the use, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of the Plans or any other drawings, data or other materials furnished by Houseplans or any Designers; (ii) any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors; and (iii) any breach by you of any of the provisions of these Terms and any applicable Designer Agreement. Houseplans reserves the right, at its own expense, to assume, or permit a Designer to assume, the exclusive defense and control of any matter subject to indemnification by you.
DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, INCLUDING ANY PLANS. THE SITE, INCLUDING ANY PLANS, IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE, PRIOR TO USE OF ANY PLANS, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR YOUR PURPOSES AND COMPLIANT WITH ALL APPLICABLE LAWS.
Houseplans engages Designers that it believes to be reliable. However, you should normally anticipate that some changes and adjustments in the project will be required to correct possible errors and omissions in the Plans. Such changes are not indicative of, and should not be construed as, negligence on the part of the Designer.
Names of materials and manufacturers shown on the Plans do not represent an endorsement or recommendation by Houseplans or Designer. Final selections of materials are the responsibility of you and/or your builder, including proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Plans; and Houseplans and Designer have no control or responsibility with respect to such matters.
Due to the large number of Plans and price options for those Plans offered by Houseplans, data entry and other errors inevitably may occur in the text and pricing shown on this Site. Houseplans reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by Houseplans.
LIMITATIONS OF LIABILITY. IN NO EVENT SHALL HOUSEPLANS OR ITS AFFILIATES OR ANY DESIGNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITE, INCLUDING ANY PLANS. HOUSEPLANS' AND ITS DESIGNERS’ LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO HOUSEPLANS IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, OR (B) IF YOU HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $100. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, HOUSEPLANS' MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
Changes to these terms. Houseplans may modify these Terms at any time by posting changes on the Site; however, (i) these changes will only become effective and binding with respect to you after Houseplans provides notice on the Site that these Terms have changed, and you first use the Site following the date of such posting, (ii) the changes will only apply with respect to your use of the Site, including any ordering or use of Plans, after such changes become effective, and (iii) any imposition or change of payment obligations, if any, will only apply if and when you expressly agree. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Site.
Digital Millennium Copyright Act. If you believe that the Site contains content that infringes on your copyright, please forward the following information by email to copyrightagent@pomeroylawgroup.com or by postal mail to Pomeroy Law Group PLLC, 54 W. 40th Street, New York, NY 10018.
Miscellaneous. No joint venture, partnership, employment or agency relationship exists between you and Houseplans or any Designers as a result of these Terms or your use of the Site, including any Plans. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms will be effective as of the date accepted by you. These Terms, together with any Designer Agreement, represent the entire agreement between you and Houseplans with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by Applicable Laws, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms are for the benefit of Houseplans and the Designers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities has the right to assert and enforce these Terms directly against you on their own behalf. Nothing in these Terms shall be construed to create, impose or give rise to any duty owed by Houseplans of its affiliates or any Designer to any contractor, subcontractor, construction manager, supplier, or other person or entity (other than you, to the extent provided herein), or to any surety for or employee of any of them, or give any rights in or benefits under these Terms to such persons. Houseplans may assign these Terms at its discretion. You may not assign these Terms or any of your rights hereunder, nor delegate any of your obligations hereunder. These Terms are binding on the parties hereto and their respective successors and permitted assigns. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced. These Terms will be governed by the laws of the United States of America and the State of California, without regard to conflict of laws rules. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the State of California. In addition to money damages, Houseplans shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.” All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to Houseplans. All references in these Terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. We will send any notices that are intended for you personally and not all users of the Site to you at the most recent email address we have on file for you. Any notice from you to Houseplans should be sent by email to privacymanager@houseplans.com or by postal mail to: Houseplans, 617a 2nd St., Petaluma, CA 94952.