House Plan Terms and Conditions

Barndominium Life House Plan Terms and Conditions

1. Introduction

Welcome to barndominiumlife.com (the “Website”). Please review these Terms and Conditions

(the “Terms”) as they represent an agreement between you and Saratoga Holdings, LLC

(“Saratoga,” the “Company,” “us,” or “we”) and govern your use of our Website and the

purchase and/or licensing of any Company or Website-related products and services. By visiting

our Website, and/or purchasing or licensing any Company or Website-related products and

services, including, without limitation, house plans (the “Plans”), you agree to be legally bound

by these Terms. It is your responsibility to read these Terms before using this Website. If you do

not agree to the Terms, then you are prohibited from accessing or using the Website and/or

purchasing and/or licensing any Company or Website-related products and services. The

Company retains the right to modify these Terms from time to time as required without prior

notice to you. As a result, you should review them each time you visit the Website, and/or

purchase or license any Company or Website-related products and services. Your continued use

of this Website after a change in these Terms will constitute your acceptance of and agreement to

such changes.

If you have any questions regarding these Terms and Conditions, please send an email to

[email protected].

1. Overview

When you order Plans from the Company, you agree to the following, in accordance with these

Terms: (i) in the event that the Company owns any intellectual property rights in the Plans, the

Company licenses the intellectual property rights to use the Plans directly to you in accordance

with these Terms; (ii) in the event that the Company has licensed the rights to use the Plans from

a third-party designer, the Company sublicenses the rights to you to use the Plans in accordance

with these Terms.

For all sale of Plans, you will be responsible for any and all applicable sales or similar taxes and

shipping and handling costs, if specified. All orders to the Website are final, and no refunds will

be granted for any reason. We are not responsible for pricing, typographical, or other errors in

any offer by us and we reserve the right to cancel any orders arising from such errors. Unless

otherwise stated, all monetary amounts referenced on the Website refer to United States Dollars.

III. Before You Make a Purchase on the Website

You acknowledge and agree that there is important information to consider prior to licensing or

purchasing any Company or Website-related products or services, including, without limitation,

Plans. Pursuant to these Terms, you represent that you have familiarized yourself with the

process of licensing or purchasing the types of products and services available on the Website,

including, without limitation, by consulting your local building department, builder, architect,

engineer or other construction professional associated with the Plans. You further acknowledge

that the Plans are not specifically designed to conform with the governing laws, statutes,

regulations, rules, ordinances, or building codes of any specific jurisdiction. Modifications to the

Plans and/or additional compliance requirements may be required by your local officials so that

the plans meet the local code and regulations as adopted in the location where and at the time

you plan to build.

1. Making Purchases on the Website

If you wish to purchase of or license Company or Website-related products or services, including

Plans, you may be asked by the Company to supply certain information, including, but not

limited to, personal contact details and credit card or other payment information. You understand

that any such information will be treated by the Company in the manner described in its Privacy

Policy.

You warrant and represent that all such information provided by you in connection with any such

license or purchase on the Website will be accurate, complete and current. You further agree to

pay all charges incurred by users of your account and credit card or other payment mechanisms

at the prices in effect at the time such charges are incurred. You will also be responsible for

paying any applicable taxes relating to your purchases.

1. Returns and Refunds

All orders on the Website are final. No refunds or exchanges will be granted for any reason.

Please double check your selection before ordering. All Plans sold on the Website are provided

“as is”. Without limiting the forgoing, you agree that, prior to use of any Plans sold by the

Company on the Website, it is your responsibility to ensure that such Plans are accurate, suitable

for your purposes and compliant with all applicable federal, state, and local laws, including,

without limitation, any statutes, ordinances, building code, rules or regulations in your specific

location (“Applicable Laws”).

1. License

Upon your purchase of Plans from the Company on the Website, you are thereby granted, subject

to these Terms, a limited, non-exclusive license (“License”) to use the Plans to build the

barndominium or structure depicted in the Plans (the “Project”). Unless otherwise explicitly

stated in your purchase confirmation, your License grants you the right to use the Plans to build

the barndominium or structure depicted in the Plans one time and one time only. Under the

terms of your License, you are permitted 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 Applicable Laws in completing the construction of your barndominium or structure.

Unless sooner terminated, the License shall terminate upon your completion or abandonment of

the Project. In conjunction with any other requirements or conditions set forth in these Terms,

you hereby agree and acknowledge, without limitation, to comply with the following restrictions,

requirements, and conditions to which the License is subject: (i) you are prohibited from

assigning, sublicensing or transferring the License in any manner without the express written

consent of the Company; (ii) you are prohibited from creating derivative works based on the

Plans, other than such modifications as may be required for your own use in building a single

barndominium or structure in strict accordance with these Terms and Applicable Laws; (iii) you

are prohibited from reusing the Plans to build any additional barndominiums or structures

beyond the terms specified in the License (the default being one single barndominium or

structure) without the prior written consent of the Company, consent for which will require

payment of a reuse fee and may be subject to supplemental or additional terms and conditions, at

the discretion of the Company; (iv) you shall neither directly nor indirectly sell, redistribute or

publish the Plans, or otherwise disclose the Plans to anyone other than contractors, consultants,

lenders or governmental agencies on a “need to know” basis as reasonably required for the

purpose of building a single barndominium or structure subject to the License; (v) you

acknowledge and agree that you will have the Plans reviewed and approved by a local

professional designer or engineer before the start of any construction, and failure to do so will

not render the Company liable to you in any manner whatsoever; and (vi) you acknowledge and

agree that you will maintain, and will cause your builder and other contractors involved in the

construction of your barndominium or structure to maintain sufficient liability and other

insurance coverages with insurance companies licensed in your specific location, as required to

sufficiently cover all of your obligations under these Terms and all Applicable Laws.

VII. Responsibilities Assumed by You and Your Builder

By purchasing any Plans on the Website, you acknowledge and agree without limitation that: (i)

the following items are the responsibility of you and/or your builder, and not the Website or the

Company; (ii) you will undertake and use your best efforts to cause your builder to fulfill such

responsibilities; and (iii) the Company shall have no responsibility or liability with respect to

such items:

– Your builder is responsible for assuring that all work is in accordance with the latest

edition of all construction industry standards and Applicable Laws;

– Either you or your builder are responsible for obtaining all legally-required permits and

inspections from local governmental agencies under Applicable Laws;

– Either you or your builder are responsible for checking the Plans prior to construction to

verify all dimensions and details for overall accuracy appropriate to location in which

you plan to construct your barndominium or structure;

– Either you or your builder are responsible for verifying all lot conditions and

measurements before construction. Because Applicable Laws and even methods of

construction vary across the nation and internationally, certain alternative planning may

be necessary to adapt the plan to your area;

– Your builder is responsible for working with you on decisions for the final selection of

materials, including, without limitation, structural members, lumber, construction panels,

floor joists, masonry, roofing, etc., all of which can cause variations in dimension and

details;

– Your builder is responsible for providing standard construction details and practices

which will result in a structurally sound and weatherproof finished product;

– Your builder is responsible for all construction means, methods, sequencing, techniques,

and safety on the job site of construction workers and third parties;

– Your builder is responsible for assuring that all materials, equipment, and components are

new and of good and workmanlike quality;

– Your builder is responsible for assuring that all manufactured articles, material, and

equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated

and conditioned as directed by the manufacturers; and

– Your builder is responsible for following all instructions to sustain and preserve all

expressed or implied warranties and guarantees in connection with the use of all

manufactured articles, material, and equipment are applied, installed, connected, erected,

used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. It is

the responsibility of the builder to assure that all materials, equipment, and components

are new and of good and workmanlike quality.

VIII. Intellectual Property Rights

The Company and/or other licensors own all Intellectual Property Rights, without limitation, in

the following: (i) the Website, including any Plans; and (ii) any and all other visual graphics,

photographs, video, images, artwork, text, software and other technology comprising or available

via the Website, which includes the contents, design, layout, functions and appearance of the

Website.

Without limitation of the foregoing, the Company’s Plans are protected by U.S. and international

intellectual property laws. Any use of the information contained therein beyond the one-time use

authorized under the License and these Terms, or any reproduction, publication, marketing,

distribution or sale of any part of the Plans, without the prior written consent of the Company,

constitutes a violation of U.S. and international copyright laws, which may render you liable to

the Company to the full extent as provided under applicable U.S. or international copyright laws.

1. Indemnification

Pursuant to these Terms, you agree to indemnify and defend the Company and its affiliates, and

their respective Designers or other licensors, and the officers, directors, owners, agents,

representatives, contractors, employees and assigns of the Company (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 attorney’s fees,

sustained or incurred by any of the Indemnified Parties in connection with (i) any breach by you

of any of the provisions of these Terms, including the License, (ii) your activities in connection

with the Website or Plans, including, without limitation, your use, misuse, reuse, construction,

conversion, modification or misinterpretation of the Plans, (iii) any negligence or other acts or

omissions by you or any of your employees, consultants, advisors, agents, representatives or

contractors, and/or (iv) any content uploaded, posted, or otherwise transmitted by you on or

through the Website or that you otherwise provide to the Indemnified Parties in connection with

the purchase or prospective purchase of Plans on the Website, which includes, but is not limited,

to, any floor plans or specifications of any type that may be used by the Company to design the

Plans. The Company reserves the right, at its own expense, to assume the exclusive defense and

control of any matter subject to indemnification by you.

1. Disclaimer

YOU HEREBY ACKNOWLEDGE AND ASSUME ALL RESPONSIBILITY AND RISK FOR

YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT,

SERVICES, FUNCTIONS, MATERIALS, INFORMATION, AND PRODUCTS, INCLUDING

ANY LICENSED OR PURCHASED PLANS. ALL LICENSED OR PURCHASED PLANS ON

THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITATION OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND

AGREE THAT IT IS YOUR RESPONSIBILITY ALONE, AND NOT THE RESPONSIBILIY

OF THE WEBSITE OR COMPANY, TO ENSURE, PRIOR TO THE USE OF ANY PLANS,

BY YOU OR YOUR BUILDER, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR

YOUR SPECIFIC PURPOSES AND COMPLIANT WITH ALL LOCAL BUILDING CODES

AND APPLICABLE LAWS AND REGULATIONS. THE COMPANY ASSUMES NO

LIABILITY WHATSOEVER FOR ERRORS OR OMISSIONS IN THESE DOCUMENTS

AND RESERVES THE RIGHT MAKE CHANGES AT ANY TIME. THE COMPANY IS NOT

LIABLE FOR PLAN INTERPRETATION, OR THE STRUCTURAL INTEGRITY OF

BARNDOMINIUMS OR ANY STRUCTURES BUILT FROM PLANS PURCHASED ON

THE WEBSITE.

1. Additional Caveats, Disclaimers, and Requirements

When you purchase a Plan on the Website, you assume full and total responsibility to assure that

your barndominium or other structure meets or exceeds local building codes and applicable laws

and regulations. The Company is not liable for plan interpretation, or the structural integrity of

barndominiums or other buildings built from the Plans purchased through the Website and the

Company. The Plans are intended to indicate design and basic construction detailing. It is your

full and total responsibility to ensure that all proper and legally-required professional assistance

is obtained to ensure standard construction details and practices. This includes, without

limitation, that you obtain any and all structural analysis, engineering and specifications that may

be required in the municipality or applicable governing authority in which your barndominium or

other structure is to be built.

You further acknowledge that you will verify all lot conditions and measurements prior to

construction. Any foundation plan and associated details represented within the Plans are

intended only to serve as a basic guide for a typical foundation. Because local codes and

regulations and even methods of construction vary across the U.S., certain alternative planning

may be necessary to adapt the Plan for your locale and/or specific lot.

Some municipalities may require you to submit a plan review by a licensed architect or structural

engineer in your area. The Plans do not have an architectural or engineering stamp, seal or

signature. You acknowledge and accept responsibility for additional expenses that may be

incurred in relation to your compliance with all local building codes, and applicable laws and

regulations.

The Company engages designers that it believes to be reliable. However, you should anticipate

that, in normal circumstances, some changes and adjustments in the Project will be required in

order 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 Company and/or designer.

XII. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES 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 WEBSITE, INCLUDING, WITHOUT

LIMITATION, YOUR PURCHASE OR USE OF ANY PLANS. IN THE EVENT ANY

LIABILITY IS IMPOSED ON THE COMPANY FOR DIRECT DAMAGES, THE

COMPANY’S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE

AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY IN CONNECTION WITH THE

MATTER GIVING RISE TO SUCH LIABILITY. 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, THE COMPANY’S MAXIMUM LIABILITY FOR

ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT, IF ANY, YOU HAVE

PAID TO THE COMPANY IN CONNECTION WITH THE MATTER GIVING RISE TO

SUCH LIABILITY.

XIII. Termination

The Company has the right, without limitation to the Company’s other rights and remedies at

law, in equity or otherwise contained in these Terms, 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. Unless sooner terminated, the License shall terminate upon your

completion or abandonment of the Project.

XIV. Disputes, Governing Law, and Jurisdiction

The relationship between you and the Company and/or the Website, in accordance with these

Terms, shall be governed by the laws of the State of Illinois, United States of America, without

regard to conflict of laws rules. You hereby agree and acknowledge that any cause of action that

may arise between you and the Company and/or the Website, or any cause of action that may

arise under these Terms, shall be commenced and be heard in the appropriate court in the State of

Illinois, Cook County, United States of America. In addition to money damages, the Company

shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms.

You agree to submit to the personal and exclusive jurisdiction of the courts located within Cook

County in the State of Illinois and waive any jurisdictional, venue or inconvenient forum

objections to such courts. PURSUANT TO THESE TERMS, YOU IRREVOCABLY WAIVE

YOUR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT

OF OR IN RELATION TO THIS AGREEMENT OR THE TRANSACTIONS RELATED TO

ITS SUBJECT MATTER. In any action to enforce these Terms, the prevailing party will be

entitled to costs and reasonable attorney’s fees.

1. Force Majeure

The Company will not be liable or responsible to you, nor be deemed to have defaulted or

breached these Terms, for any failure or delay in our performance under these Terms when and

to the extent such failure or delay is caused by or results from acts or circumstances beyond our

reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion,

governmental orders, laws, or actions, war, invasion or hostilities (whether war is declared or

not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution,

insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not

relating to our workforce), or restraints or delays affecting carriers or inability or delay in

obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown

or power outage.

XVI. Miscellaneous

If you are manifesting your acceptance to these Terms on behalf of a distinct legal entity,

including, without limitation, any corporation, limited liability company, partnership, limited

partnership, limited liability partnership, or non-profit entity, you represent and warrant that you

have been duly authorized by that distinct legal entity to accept the Terms and thereby cause it to

be bound to these terms. In the event that any provision of these Terms is determined by a court

of competent jurisdiction to be unenforceable or invalid, such provision shall nonetheless be

enforced to the fullest extent permitted by applicable laws, and such a determination by a court

of competent jurisdiction shall in no way affect the validity and enforceability of any other

remaining provisions. The Company’s failure to or delay in exercising or enforcing any right or

provision of these Terms shall in no way constitute a waiver of such rights or provisions. These

Terms represent the entire agreement between you and the Company with respect to the subject

matter contained in these Terms, including, without limitation, your access to the Website and/or

purchase of any Plans, and supersedes any and all prior understandings, statements or

representations, whether electronic, oral or written, regarding the subject matter discussed herein.

No joint venture, partnership, employment or agency relationship exists between you and the

Company as a result of these Terms or your use of the Site, including any the purchase or grant

of license in any Plans.

All references in these 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

the Company. 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. All headings, captions, or

titles contained in these Terms are inserted only as a matter of convenience and in no way define

or explain any paragraph or provision in these Terms. Furthermore, these Terms shall be binding

upon and inure to the benefit of your successors and assigns.