Use of Site
In downloading a Plan or Plans (as hereinafter defined) from the Site, you shall be subject not only to this ToU as more fully described below but also to all applicable guidelines and rules, such as copyright restrictions, posted on the Site, in addition to applicable law. All such guidelines or rules found elsewhere on the Site are hereby incorporated by reference into the ToU.
A One-Time License
If you download any of the Site’s brochures, 3D models, drawings, house plans, elevations, sections, details and related technical descriptions in any of the software formats offered (collectively, the “Plans”), you understand that you must first agree to and be subject to this ToU.
You understand that SHL does not purport to be providing architectural services of any kind. Therefore, the Plans are offered so that you may use them as a first step toward building or considering construction of your own customized house or houses or for continuing inspiration and guidance for your non-commercial projects. You may share copies of the Plans with building and design professionals and related personnel with whom you may consult about constructing your personal home based on the Plan you purchased or in anticipation of it, but you may not use the Plans as a substitute for professional advice or otherwise distribute the Plans for any other purpose.
For the limited purposes just described, and subject to all the terms and conditions set forth in this ToU, SHL grants you a personal, non-transferable, non-commercial, royalty-free, worldwide, and non-exclusive one-time right and license to construct one home corresponding to or based on a house design purchased in .pdf or AutoCAD format. This license entitles you to excerpt, modify, create a derivative work from, and distribute the Plans you have downloaded, in whole or in part, for personal use only, and solely in connection with your construction of one home corresponding to or based on the design whose Plan is purchased in .pdf or AutoCAD format. Purchasing Plans in both such formats of a single design does not entitle you to construct more than one house corresponding to or based on the featured design. However, for the avoidance of doubt, if you purchase Plans in .pdf or AutoCAD format (or both) for more than one house design, the same rights pertain to each separate design.
If you are interested in constructing multiple houses corresponding to or based on one of our designs, you are encouraged to contact the Site about obtaining a customized written license on separately established pricing terms.
If you purchase from the Site either a brochure or 3D model of a house design, neither of these entitles you to construct the featured house or one based on it. However, we hope you will use these aids to experiment with any ideas and variations of your own or to consult with professionals about possible plans to build a house from the featured design should you later decide to purchase a license, as explained above. In the case of a 3D model in SketchUp format, you have permission to excerpt and re-combine any of the elements in any such model on the Site to produce your own 3D computer model or models in this format for your personal use.
Notwithstanding anything to the contrary anywhere in this ToU or on the Site or any link to the Site, SHL makes no promises, representations or warranties with respect to the Plans, including, without limitation, as to the costs, regional variations, regulatory compliance, conformance of the “as-built” to Site illustrations and Plans, durability of individual parts or materials, workability of separate components, or the viability of the actual construction ultimately implemented by you. SHL also makes no promises, representations or warranties that any construction implemented from the Plans will be error- or omission-free. SHL makes no guarantee that you will be able to successfully implement any of the tips, examples, suggestions or strategies outlined in the Site or on the Plans. Please be aware that in addition to the Plans, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, sounds, music, artwork, audiovisual works, tags, drawings, visibility assets, and computer code (collectively, together with the Plans, the “Content”) contained in the Site belong to and shall continue to belong to, or shall be licensed by, SHL. This includes the design, layout, selection, coordination and expression of the Content, as well as the overall “look and feel” of the Site. All of the foregoing are protected by various intellectual property rights and unfair competition laws and remain under our control.
You agree that, except as herein expressly permitted, no part of the Site and no Content, including the Plans in whole or in part, may be copied (other than for use by personal consultants in connection with a single home-building project), commercially exploited, sold, traded, republished, uploaded, downloaded, posted, publicly displayed, broadcast, networked, encoded, translated, transmitted, exhibited or distributed in any way to any other computer, server, website or other medium existing now or in the future. No part of the Content or Site, including the Plans, may be excerpted, reproduced, displayed or used to make a derivative work for commercial exploitation. If you wish to do any of these things, you may only do so with the express written permission of an authorized representative of SHL and pursuant to the terms stipulated by such representative at such time. However, in these cases or in cases of any other permitted use of the Plans, you must not under any circumstances (1) remove any proprietary language or legends identifying the downloads as the property of SHL, (2) modify the Content for commercial republication in any way or in any way that distorts its proper and normal applications, or (3) make any promises, representations or warranties about or relating to the Content.
SHL does not offer refunds or permit cancellations of purchased Plans. Once you have gone through the registration and payment processes, you cannot cancel, exchange or obtain a refund on your purchase order or return the Plans.
Your Use of the Site
The limited privilege granted you to use and enjoy the Site is expressly conditioned upon, among other things, your agreement to refrain from acts that alter, dismantle, circumvent, take any actions that could distort server logs, or in any other way impede or disable the proper and normal working of the Site. SHL reserves the right to bar any such activity and to terminate your access for such violations.
By way of example, you may not use any “robot”, “spider” or other equivalent methodology, program, device or means to access the Site or acquire information about it in ways not purposely made available by SHL. You may not circumvent the navigational structure of the Site or gain unauthorized access to portions or features of the Site (or to connected servers or networks) by hacking or password “mining” or other illegitimate or indirect means.
You may not probe, scan or test the exposure of the Site or of any network connected to the Site, nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or take a step toward tracing any information on any other user of or visitor to the Site, or otherwise seek to uncover information that you are not entitled to have, including but not limited to personal identifying information other than your own.
You agree that you will not initiate any action that results or might result in the imposition of an unreasonable or disproportionate load of data on the infrastructure of the Site or on any systems or networks connected to the Site.
You agree to refrain from all attempts to interfere with any transaction being conducted on the Site, or with any other person’s use of the Site.
You agree you will not misrepresent the ownership or nature of the Plans, including by replacing headers or cropping designations and identifiers on Content sourced from the Site, or by failing otherwise to give proper attribution, or by wrongly claiming conformance of the “as-built” constructions to the Plans, or by implementing the Plans without prior permissions and approvals required by applicable governmental authorities, such as those necessitated by zoning requirements and local building and environmental regulations. You agree that before building, you will contact your local building authorities to make sure your construction complies with all applicable ordinances and codes, and that you are also responsible for obtaining any necessary permits or inspections as building progresses and attains completion. In some cases, modifications to your home plans by your duly licensed and qualified architect or engineer or by your builder may be required to meet local conditions and requirements. You should ensure that the Plans as incorporated in your home plans comply with all applicable building codes and are suitable for a particular site, including with any subdivision restrictions and regional variations. You also acknowledge that because we have no control over the selection of your builder or other building professionals, we cannot be responsible for the advice or assistance you receive from them or for the judgments and methods they make as part of their implementation of the Plans.
You acknowledge that all postings, messages, text, files, images, graphics, photos, video, audio clips, sounds, advertisements, technical drawings, or other materials posted on, transmitted through, or independently linked to from The Site (“UGC”) are the sole responsibility of the person who generated these contributions.
Any contributions made by SHL or its agents, contractors, or employees, is provided on an “AS IS” basis without warranties or rights to rely of any kind.
You are entirely responsible for all UGC that you post, email or otherwise make available via the Site, both with respect to its impact on others and on yourself. Be constructive in what you post. Remember, you will bear any legal consequences arising from anything defamatory, harmful, indecent, harassing, discriminatory, abusive, vulgar, obscene, intrusive upon a person’s privacy, or otherwise objectionable or unlawful material published by you. In availing yourself of any interactive areas or sponsored opportunities on the Site, please respect your fellow users and adhere to prevailing standards of propriety, decency and good conduct. This also means you must honor others’ intellectual property rights. Do not combine the Plans or any part thereof with another person’s work in any medium, You must never incorporate third-party marks or proprietary material in your home plans unless the use being made of such material is in accordance with the requirements of copyright, trademark and unfair competition laws, as well as other relevant laws, rules, and requirements.
If you send SHL any content, photos, reviews, etc., you agree to grant SHL a non-exclusive, worldwide, perpetual, royalty-free right and license to (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, publicly perform, play, make available to the public, and exercise all copyright and publicity rights over that material, including all the individual elements that form that material, of whatever nature; and (ii) the right to use your name, city, state, and country of residence in promotions and other publications. This means that we will be free to use this material in any manner, in any form, media, software or technology of any kind now existing or hereinafter developed, including by licensing it to third parties without compensation to you, and even after you have ceased to be a user of the Site. If you do not wish to grant this license and want to retain control over the material you are intending to submit, you should not post that content to the Site.
You acknowledge, consent and agree that SHL may access, preserve and disclose your submitted information and content if required to do so by law or in a good-faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce the ToU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of SHL, its users and the public.
You understand that the Content and software embodied within it may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SHL and/or content providers who provide content to SHL. You may not attempt to override or circumvent any of the usage rules embedded into the software. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided through the Content, including third-party software, or Plans, in whole or in part, is strictly prohibited.
Third Party Content, Sites, and Services
The Site and its Content may contain links to other third-party websites, or cite to specific publications, all of which are completely independent of the Site and provided solely as a convenience to our visitors. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website or publication, nor do we endorse any of the content or information or goods or services, advertising or other materials available from such sites or resources. Please bear in mind that you will have no recourse to SHL should you suffer harm, direct or indirect, or allege to have suffered harm or loss, from your interactions with these websites or from your reliance on information, materials, advertising, products, etc. therein contained. You will need to determine for yourself whether to link to the websites found on the Site and if and how to interact with them once you have. Any transactions conducted with persons or entities they represent is strictly between you and them.
Interactions with third-party organizations or persons found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Although SHL takes user complaints seriously and you are welcome to contact us if you have an unsatisfactory experience, SHL is not a party to these transactions. This means we will not make you whole or be otherwise responsible if a dispute arises. SHL makes no representation about sellers or buyers of products or services advertising on or found through the Site. SHL does not endorse products and services advertised on or found through the Site unless SHL explicitly states such endorsement in writing. SHL does not warranty third-party goods or services advertised on or found through the Site.
You shall comply in all respects with all third-party software licenses that might be required for implementing the Plans or maximizing your use of the Site and that you will not attempt to derive source code from any software provided on the Site or in conjunction with the Plans. You acknowledge that you alone are responsible for full compliance with all license terms and other terms and conditions applicable to third-party software and all other products.
Interstate Nature of Communications
When you interact with SHL, including by emailing, downloading or uploading photos, or by engaging in other Internet activities, you will be causing communications to be sent through the Site’s computer network, portions of which may be located in various states in the United States as well as abroad. As a result, and also as a result of SHL’s business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this ToU, you acknowledge that use of the Site results in interstate data transmission involving multiple legal jurisdictions and applical Federal and local laws that you may not be subject to in the place from which you are transmitting.
Disclaimers of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND THE PLANS ARE AT YOUR SOLE RISK. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS. SMALL HOUSE LAB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETION OF THE INFORMATION, TEXT, GRAPHICS, LINKS AND OTHER OTHER ITEMS OF THE SITE OR ANY OTHER SITE, OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF FREEDOM FROM ARCHITECTURAL ERRORS OR OMISSIONS OF ANY OF ITS CONTENT. SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED WEBSITES AND ADVERTISERS, AS WELL AS FOR ANY THIRD-PARTY SOFTWARE THAT FACILITATE IMPLEMENTATION OF THE PLANS.
TO THE FULLEST EXTENT PERMITTED BY LAW, SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, UNINTERRUPTEDNESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR MATERIAL OR SOFTWARE PROGRAMS EMBODIED IN DOCUMENTS DOWNLOADED FROM THE SITE AND DISCLAIM ANY WARRANTY THAT THE QUALITY OF ANY MATERIAL YOU DOWNLOAD FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE ERROR-FREE. YOU AGREE YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL OR ANY SOFTWARE EMBODIED IN SUCH MATERIAL DOWNLOADED FROM THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMALL HOUSE LAB OR THROUGH OR FROM THE PLANS OR ANY REVISIONS TO THE PLANS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ToU. TO THE FULLEST EXTENT PERMITTED BY LAW, IN ADDITION TO THE FOREGOING DISCLAIMERS, EACH OF SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE ACTUAL COSTS OF CONSTRUCTION CLAIMED TO BE BASED ON THE PLANS, TO THE SUSTAINABILITY CRITERIA OF ACTUAL CONSTRUCTION CLAIMED TO BE BASED ON OR IMPLEMENTED FROM THE PLANS, TO THE CONFORMITY OF THE PLANS TO ANY LOCAL, STATE OR NATIONAL OR INTERNATIONAL REQUIREMENTS APPLICABLE TO YOUR CONSTRUCTION CLAIMED TO BE BASED ON OR IMPLEMENTED FROM THE PLANS, AND TO ANY ALLEGED PROFESSIONAL ADVICE CLAIMED TO BE BASED ON OR MADE IN CONNECTION WITH THE PLANS. SHL AND ITS AFFILIATES DO NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO SUCCESSFULLY IMPLEMENT ANY OF THE TIPS, EXAMPLES, SUGGESTIONS OR STRATEGIES OUTLINED ON THE SITE OR IN ANY OF THE PLANS.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL SMALL HOUSE LAB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR DAMAGES, WHETHER ARISING IN CONTRACT OR TORT, IN EXCESS OF THE AMOUNTS ACTUALLY PAID FOR GOODS OR SERVICES PURCHASED FROM SMALL HOUSE LAB BY THE PARTY SEEKING DAMAGES. UNDER NO CIRCUMSTANCES WILL SMALL HOUSE LAB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SMALL HOUSE LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM YOUR OR ANOTHER’S USE OR MISUSE OF THE SITE OR THE PLANS, FROM INABILITY TO USE THE SITE OR THE PLANS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR REVISIONS TO THE PLANS, OR TO DAMAGES RESULTING FROM THE RETENTION OF EXPERTS OR ANY OTHER THIRD PARTY IN CONNECTION WITH THE PLANS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS FOUND THROUGH OR ADVERTISED ON THE SITE OR LINKED TO FROM THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED FROM THIRD PARTIES FOUND ON OR THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, certain exclusion of warranties or limitations of liability for incidental or consequential damages are not permitted. In such jurisdictions, some of the foregoing exclusions and limitations may not apply to you.
You agree that Small House Lab may, in its sole discretion and without advance notice, terminate your right to use or download from the Site for cause. Grounds for such termination includes but are not limited to (i) government advice, (ii) defunct or deleted account information, (iii) a discontinuance or revamping of the Site, or (4) unanticipated technical issues.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes with Small House Lab, will be governed by the laws of the State of New York without regard to its conflict of laws provisions, and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the ToU, or the relationship between you and Small House Lab, shall be brought exclusively in the courts located in the County of New York, or the U.S. District Court for the Southern District of New York. You and Small House Lab each agree to submit to the personal jurisdiction by and venue in the state and federal courts within New York County, New York, or the Southern District of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Small House Lab may provide you with notices, including those regarding changes to the ToU, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Site, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate the ToU by downloading materials from the Site in an unauthorized manner. Your agreement to this ToU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Site or downloaded its materials in an authorized manner.
You agree that all of Small House Lab’s trademarks, trade names, service marks and other SHL logos and brand features, and product and service names, are trademarks and the property of Small House Lab (the “SHL Marks”). Without Small House Lab’s prior written permission, you agree not to display or use in any manner not herein expressly permitted the SHL Marks.
Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement
Small House Lab respects the intellectual property of others, and we ask our users to do the same. Small House Lab may, where circumstances warrant, in its discretion, terminate access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Small House Lab’s Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual-property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual-property owner or authorized to act on the copyright or intellectual-property owner’s behalf.
Small House Lab’s Copyright Agent for Notice of claims of copyright or other intellectual-property infringement can be reached as follows:
445 West 19th Street, #5A
New York, NY 10011
By phone: 212-924-9033
By email: email@example.com
Exports. You may not use or export any Content or the Plans, in whole or in part, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Plans within one (1) year after the cause of action arose, or such claim or cause of action is forever barred.
Updated by Small House Lab on 4/17/2014