BarndominiumLife.com Website Terms & Conditions
Version Date: August 10, 2020
As a condition of registering for a Barndominium Life Business Community Membership (“Service”) that is a part of the services that Barndominium Life, Inc. (“Barndominium Life”) makes available through its BarndominiumLife.com website (“Website”) or otherwise, the registrant (“Registrant”) agrees to the terms and conditions of this Business Community Member Service Agreement (as amended from time to time, this “Agreement”). Barndominium Life reserves the right to amend this Agreement at any time. These modifications become effective once updated on the Website.
- Membership Listing. By submitting your information and completing the business community member (“Member Account”) sign-up process, by clicking the “Confirm Purchase” button online (or similarly registering for the Service), or by registering and agreeing to this Agreement through a Barndominium Life sales representative, Registrant agrees to be bound by this Agreement. The individual that submits the Registrant’s registration information to Barndominium Life represents and warrants to Barndominium Life that the individual has the capacity to enter into contracts that are not voidable because of the individual’s age at the time of entering the contract, and has the power to and is duly authorized by the Registrant to register Registrant for the Service. If any information provided by or on behalf of Registrant is untrue, inaccurate, not current or incomplete, Barndominium Life has the right to terminate Registrant’s listing and refuse any and all current or future inclusion in the Service.
- Information. In this Agreement, “Information” means all content, regardless of form or substance, posted by Registrant to the “Member Profile” for its Member Account, or by any person acting under Registrant’s direction, or by use of Registrant’s Member Account password or other credential, Registrant agrees to comply with all Information Guidelines adopted by Barndominium Life from time to time, and that Barndominium Life may edit Information posted by Registrant to comply with Barndominium Life’s Information Guidelines. Registrant acknowledges and agrees that Barndominium Life may access Registrant’s Member Account and any contents and Information in Registrant’s Member Profile as necessary to identify or resolve technical problems or respond to other issues related to the Service.
- Registrant Responsibility. Registrant agrees that (a) Registrant alone is responsible for the use of Registrant’s Member Account and for all Information contained in Registrant’s Member Profile, including but not limited to assuring the accuracy, relevance, and non-deceptiveness of the Information, infringement or non-infringement of the intellectual property rights, privacy rights, publicity rights, and other rights of third persons, and for fulfilling all offers, sales, services, or other undertakings of Registrant to any user of other Barndominium Life services who contact Registrant or are contacted by Registrant as a direct or indirect result of the Service, (b) Registrant shall maintain and update all Information so it is always true, accurate, not deceptive or misleading, and current, (c) Registrant shall keep its password confidential, and not allow any other person, company or entity to use its account, and (d) Registrant shall notify Barndominium Life promptly if Registrant has any reason to believe that the security of its Member Account has been compromised. Registrant agrees and acknowledges that Barndominium Life is not responsible for any loss, damage or corruption of any of the Information, and that Barndominium Life is not responsible for Information being true, accurate, not deceptive or misleading, and current. Registrant also acknowledges and agrees that Barndominium Life is not a party to or in no way responsible for any products sold or services provided by Registrant to its customers obtained directly or indirectly by means of the Website.
- Intellectual Property. Registrant acknowledges that save and except for the intellectual property rights, if any, that Registrant owns in its Information, Registrant does not claim any trademark, copyright, patent, trade secret, or other intellectual property or proprietary right in any work of authorship, invention, device, other content or aspect of the Service or the Website (as between Registrant and Barndominium Life, “Barndominium Life Property”), and agrees not to copy, distribute copies of, reproduce, display, create derivatives or adaptations of, make, have made, or otherwise use Barndominium Life Property.
- Right to Use Registrant’s Information. Registrant grants to Barndominium Life, and its parents, subsidiaries, affiliates, successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license under Registrant’s copyrights and other intellectual property rights, if any, to all Information in Registrant’s Member Profile to store, publish, distribute copies of, display and reproduce, permit download of all or part of, and otherwise use such Information to provide the Services in any and all media and in any manner.
- Unauthorized Access or Endorsement. Registrant shall not attempt to gain unauthorized access to any servers controlled by Barndominium Life. Registrant shall not engage in any activity that interferes or disrupts the Website or the servers that host the Website. Registrant may not use data mining, robots, screen scraping or similar data gathering or extraction tools on the Website. Registrant acknowledges that its inclusion in the Member maintained by Barndominium Life as part of the Service does not constitute an endorsement by Barndominium Life of Registrant or its goods or services, and agrees not to imply or state that it is affiliated with or endorsed by Barndominium Life without the express written consent of Barndominium Life.
- Fees. Registrant shall pay to Barndominium Life a Recurring Monthly Fee for the Service in advance, as selected at the time of registration. “Recurring Monthly Fee” means the total base service fee charged to Registrant for the then current period plus any charges incurred for additional recurring services during the then current period. Registrant authorizes Barndominium Life to charge Recurring Monthly Fees to Registrant’s designated method of payment selected by Registrant at registration, with the first payment due on the Start Date (as defined in Section 9) and subsequent payments due monthly thereafter. If the charge is refused, Barndominium Life may, in its sole discretion, terminate Registrant’s further participation in the Service. It is Registrant’s responsibility to keep payment information current. Barndominium Life reserves the right to change the Recurring Monthly Fee, on a going-forward basis, at any time, and to change the Service options at any time. All fees are payable in U.S. Dollars or Canadian Dollars, based on Registrant’s selection during the sign-up process. At Barndominium Life’s sole discretion and upon special request, Barndominium Life may also invoice Registrant and payments shall be paid by Registrant within thirty (30) days after the invoice date. Late payments shall bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). In the event of any failure by Registrant to make payment, Registrant shall be responsible for all reasonable expenses (including attorneys’ fees) incurred by Barndominium Life in collecting such amounts.
- Refunds. Recurring Monthly fees are non-refundable upon cancellation or termination of the Service.
- Term. The term of this Agreement shall be one (1) month commencing on the date that Registrant submits Registrant’s credit card for payment, or other form of payment, for its Member Account and Member Profile (the “Start Date”). The term shall automatically renew on each Start Date anniversary, unless either party provides notice of non-renewal in accordance with Section 12 below; provided, however, that to qualify for each renewal, Registrant must at the time of renewal be in substantial compliance with the material terms and conditions of this Agreement. Barndominium Life shall have the right, but not the obligation, to review any Registrant Profile for compliance with the Agreement as part of the renewal process, or at any time.
- Termination. Either party, in its sole and absolute discretion, may give notice of termination of this Agreement as of the end of the then current term with or without cause and without stating any reason therefore. Any notice of Termination by Registrant must be given at least thirty (30) days prior to the end of the current monthly period by sending a written notice of termination, or the Service will be renewed automatically as provided for above in Section 9.
- Termination for Breach. Either party may terminate the Agreement on thirty (30) days’ notice if the other party has materially breached or is otherwise not in compliance with any provision of the Agreement, and such breach or noncompliance is not cured within such thirty (30) day period. Barndominium Life reserves the right to immediately suspend any customer access to Registrant’s Registrant Profile until such breach or noncompliance is cured.
- Barndominium Life Right to Refuse or Terminate. Notwithstanding Section 13, Barndominium Life reserves the right to terminate this Agreement immediately, and without extending any right to cure to Registrant, if Barndominium Life believes, in its sole discretion, that Registrant: (1) is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights or reputation of Barndominium Life or others; or (2) has become the subject of a government complaint or investigation.
- Deletion of Information. Upon termination, Barndominium Life may, but is not obligated to, delete from its servers or the Website any or all Information contained in Registrant’s Member Profile and that may relate to any information in Registrant’s Member Account with Barndominium Life.
- Survival. The provisions of Sections 18, 19 and 20 shall survive any termination of the Agreement, as well as any other provision the meaning and sense of which is necessary to survive in order to achieve the objectives of the parties hereunder.
- Promotional Materials. During the term of this Agreement, Registrant grants to Barndominium Life a non-exclusive, worldwide, royalty-free, perpetual license to use Registrant’s name and logo for the purpose of identifying Registrant as a participant in the Service on the Website and in Barndominium Life’s other promotional materials.
- Registrant Details. Registrant agrees that Barndominium Life may disclose information about Registrant and Registrant’s Member Profile not only as required to provide the Services, but also if Barndominium Life, in good faith, believes that such action is reasonably necessary: (a) to comply with the requirements of any law, regulation, order, writ, subpoena, or discovery request; (b) to enforce any provision of the Agreement; or (c) to protect the rights or interests of Barndominium Life or users of its Website.
- Maintenance and Support. Registrant can obtain assistance with any technical difficulty that may arise in connection with Registrant’s utilization of the Service by requesting assistance by email to [email protected] . Barndominium Life reserves the right to establish limitations on the extent of such support, and the hours at which it is available.
- Indemnity. Registrant agrees to indemnify, defend and hold harmless Barndominium Life, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, assigns, successors, representatives and agents, from any claim, demand, action, liability, loss, expense, damage or cost, including but not limited to reasonable attorney’s fees, made by any party due to or arising out of Registrant’s use of the Service; any person’s use of Information in Registrant’s Member Profile; any content, material or otherwise linked to or referred to from Registrant’s Member Profile, any act or omission to act of Registrant that violates any provision of this Agreement; or any violation or alleged violation of any rights of another, including but not limited to Registrant’s use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Registrant’s profile. Barndominium Life reserves the right to assume the exclusive conduct of its defense and control of any matter otherwise subject to indemnification by Registrant, but doing so shall not otherwise excuse Registrant’s obligations under this Section.
- NO GUARANTEE OF RESULTS AND DISCLAIMER OF WARRANTIES AND LIABILITIES. Barndominium Life MAKES NO REPRESENTATION, WARRANTY OR GUARANTY TO REGISTRANT WHATSOEVER CONCERNING THE RESULTS OF ANY KIND, IF ANY, THAT REGISTRANT MAY EXPECT OR EXPERIENCE BY PARTICIPATING IN OR USING THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE WEBSITE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR-FREE SERVICE. REGISTRANT AGREES AND ACKNOWLEDGES THAT Barndominium Life AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF Barndominium Life IS AWARE OF THE RISK OR SUCH DAMAGES, THAT RESULT IN ANY WAY FROM THE REGISTRANT’S USE OR INABILITY TO USE THE SERVICE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, THE CONTENTS OF ANY WEB PAGES OR WEB SITES, LOSS OF DATA, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEB SITES OR RECORDS OR INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION TO REGISTRANT OR ANY FAILURE OF PERFORMANCE OF ANY KIND WHATSOEVER OF Barndominium Life OR THE SERVICE. Barndominium Life’S LIABILITY TO REGISTRANT SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY REGISTRANT TO Barndominium Life OVER THE COURSE OF THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE REGISTRANT’S CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES; SO IN THOSE CASES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Assignment of Service. Registrant agrees not to resell or assign or otherwise transfer its rights or obligations under this Agreement without the express written authorization of Barndominium Life provided, however, that Registrant may, without the written consent of Barndominium Life, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement. Any purported assignment in violation of this section shall be void and of no effect.
- Force Majeure. Neither party shall be liable to the other for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
- Notices. Any notices or communications under this Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Barndominium Life, such notices shall be addressed to:
If to Registrant, such notices shall be addressed to the electronic or mailing address specified when Registrant first registered for the Service, or such other address as either party may give the other by notice as provided above.
- No Agency; Independent Contractors. Nothing contained in this Agreement shall be construed as creating any agency, employment relationship, partnership, principal-agent or other form of joint enterprise between the parties.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.
25. General. This Agreement and the relationship between Registrant and Barndominium Life shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions. On all disputes, Registrant agrees to submit to the personal and exclusive jurisdiction in the state of Illinois. Barndominium Life’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Barndominium Life House Plan Terms and Conditions
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]
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.
- 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.
- Making Purchases on the Website
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.
- 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”).
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 barndomiunium 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.
- 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.
- 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.
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 attorneys’ 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.
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.
- 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.
- 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.
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.
- 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.
- 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.
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.