Information, Terms and Conditions Applicable to the Purchase of the Plans
(This means you should read this, so you'll know what you should and shouldn't do with these plans. Thanks for your time.)
Our Plans are Subject to Copyright Protection
All of our plans are protected by copyright. That means that you should not use the plans unless you purchase them from us. When you purchase a plan, we provide you 2 copies of the plan - if you need additional copies you should purchase them from us. You can only build one house per set of purchased plans - you must buy an additional set of plans for each additional house you wish to build. You can't sell or transfer the right to use the plans. You may lend the plans to third parties such as contractors, engineers, governmental agencies or others, but you must retrieve these copies and destroy all copies except one when your home is complete. If you infringe on our copyright, you may be liable to us for substantial damages, including actual damages, statutory damages and attorney's fees.
You Can/Cannot Modify our Plans
We typically don't make modifications or "customize" our plans.
To the extent you choose to modify the plans, you assume any and all risks which may arise as a result of such modification, and, to the extent we suffer any loss, claim or damage, you agree to hold harmless, indemnify and defend us from same. Modification of the plans does not alter our copyright in the plans, and the plans continue to be protected by common law and statutory copyrights.
We Do Not Provide Any Warranties
We provide the plans "as is" and disclaim all warranties, express and implied, as well as warranties of fitness for a particular purpose and merchantability. We can't oversee construction based on those plans, and thus can't guarantee how your house will be built. We are not liable for any damages whatsoever which you incur as a result of this use of our plans, including but not limited to indirect damages of any kind including loss of anticipated profits, opportunity loss, or other losses resulting from use of any of our plans, even if we have been advised of the possibility of such damages.
It is Your Responsibility to Ensure that Your House is Properly Built
You are responsible for hiring all of the necessary parties to build your house. This means hiring a contractor duly licensed in the state where the project is located. Our plans may not comply with codes, laws and ordinances of the jurisdiction where the project is located. It is your responsibility to determine and comply with all codes, laws and ordinances applicable to the construction of the house. It is your responsibility to determine that the intended site is suitable for the construction of the house, including but not limited to evaluating the soil bearing capacity and stability of the underlying site. You may also live in an area subject to conditions such as hurricanes, flooding, heavy snowfall, earthquakes, etc. which may present structural engineering issues. It is your responsibility to determine and retain any and all professional assistance necessary to ensure that the house is properly constructed, meets your local code requirements and can withstand local conditions.
We Do Not Offer Refunds and Exchanges
Please choose your plan carefully because we do not offer refunds or exchanges.
Disputes
If there is a dispute regarding these plans, you agree that your rights will be determined in accordance with the laws of the State of North Carolina and that any legal action will be brought and maintained only in a state or federal court located in Buncombe County, North Carolina. You agree that Buncombe County has jurisdiction of the subject matter of any action arising out of or relating to your purchase of these plans, and you accept and submit to the jurisdiction of such courts and agrees that venue is proper there.
Limitation of Liability
In recognition of the limited nature of our involvement construction and building process based on our plans, you agree that our liability for any claim, including claims arising in negligence, contract, tort, under consumer protection statutes or any other legal theory, shall be limited to the fee paid for the plans. To the extent you wish us to agree to a differing liability cap, we can negotiate this provision by increasing our plan fee.