These Terms of Use (these "Terms") represent an agreement between you and Zonda Media (“Houseplans”) and govern your use of this website and any products or services, including house plan sets (“Plans”) made available via this website from time to time.
This website, together with such products or services, is referred to collectively as the “Site” in these Terms.
By using the Site, whether for purposes of viewing or ordering Plans or otherwise, you acknowledge that you have read and understood, and agree to be bound by and comply with, these Terms.
When you use our website.
Who may use the Site.
The Site is intended for use by adults. You must be at least 18 to order or use any Plans or otherwise use the Site.What’s not allowed.
When using the Site, you agree that you will not:Your privacy.
Your use of the Site is subject to Houseplans’ privacy policy. The provisions of our privacy policy are incorporated into these Terms. By using the Site,you acknowledge and consent to Houseplans’ collection, sharing and use of information as set forth in the privacy policy.When you order and use our plans.
Overview.
All of our Plans were created by architects or designers (each, a “Designer”). When you order Plans from Houseplans, in accordance with these Terms: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.Ordering Plans.
License.
When Houseplans provides you with Purchased Plans you are thereby granted, subject to these Terms and, if applicable, any Designer Agreement, a limited, non-exclusive license (“License”) to use the Plans to build the home depicted in the Plans (the “Project”) one time and one time only; and to modify and reproduce the Plans solely to the extent required for purposes of satisfying your specific needs and/or to meet the requirements of your specific state and local building codes, ordinances or regulations in completing the Project. In addition to any other requirements set forth in these Terms and, if applicable, any Designer Agreement, you agree to comply with the following restrictions, requirements and conditions to which the License is subject:Customization Services.
If you request that Houseplans or its Designer customize the Plans, the following provisions apply: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.Scope of Work.
When you request Customization Services, we will provide you with a proposed scope of work (“Scope”) based on your request, and a price quote. The Customization Services will be deemed complete when we provide you with Customized Plans substantially consistent with the Scope.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.Client Responsibilities.
Your responsibilities in connection with the Customization Services include the following: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.Your Builder’s Responsibilities.
You acknowledge and agree that: (i) the following items are your builder's and your responsibilities; (ii) you will use your best efforts to cause your builder to fulfill such responsibilities; and (iii) Houseplans and its Designers shall have no responsibility or liability with respect to such items:Generally Applicable Terms.
Who Owns What.
Houseplans and/or its Designers or other licensors own all Intellectual Property Rights inherent in or appurtenant to: the Site, including any Plans or customized versions thereof; any and all other graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Site; and the contents, design, layout, functions and appearance of the Site. Without limitation of the foregoing, the Plans are protected by United States Copyright Laws; and any use of the information contained therein beyond the one-time use authorized under the License, or any reproduction, publication, sale or distribution of any part of the Plans without the prior written consent of Houseplans, constitutes a violation of Federal Laws, and may make you subject to prosecution and the prescribed penalties to the full extent as provided thereunder. You represent and warrant to us that you own all Intellectual Property Rights in Your Information. By submitting Your Information, you automatically grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to use Your Information in connection with the Site and otherwise in ways consistent with the privacy policy. As used in these Terms, “Intellectual Property Rights” means, collectively, all rights with respect to trademarks, service marks, trade dress, logos, copyrights, rights of authorship; all applications, registrations, derivative works and renewals relating to the preceding items; all database rights, moral rights, inventions, rights of inventorship, rights of publicity and privacy, trade secrets, know-how, rights under unfair competition and unfair trade practices laws; and all other worldwide intellectual and industrial property rights related thereto.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, includingreasonable 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.Additional caveats, disclaimers and requirements.
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.Termination.
We have the right, without limitation of our other rights and remedies at law, in equity or hereunder, to terminate these Terms, the License and/or your right to use the Site, at our discretion, if you do not comply with any of the provisions of these Terms or any Designer Agreement. Unless sooner terminated, the License shall terminate upon your completion or abandonment of the Project.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, 4000 MacArthur Blvd., Suite 400, Newport Beach, CA 92660.
