A. Introduction

1. Thank you for your interest in the Plans marketed by 100dollarhomeplans.com, and for your business. Below are the principal terms and conditions of a Licensing Agreement and Disclosure (hereafter “Agreement”) between yourself as End User (hereafter “End User,” “you,” or “your,”) and 100dollarhomeplans.com (hereafter “Seller,” “we,” or “us”).
   
   

2. BBy completing a transaction to obtain a License for one or more residential home plans at this Web Site, you certify that you have read these terms and conditions and agree to them in its entirety. If you do not agree to these terms and conditions, you will not be allowed to complete your transaction, and you shall not be permitted or licensed to download any Plan(s) from us.
   

B. Definitions

1. A “Plan” is the residential home plan you selected for acquisition and use pursuant to this Agreement. In the event you selected more than one Plan as part of the same transaction, this Agreement covers all Plans that you have selected.

2. A “Purchase” means that you are obtaining a limited-use License for one or more residential home plans, as further explained under Section F (“Grant of License”).
   
   

3. “Web Site” means any web page, web site, or download access point that is owned, operated, or managed by Seller, now or in the future, for the purpose of making Plans available pursuant to this Agreement, whether or not “100dollarhomeplans.com” comprises part of the Uniform Resource Locator (or URL) address.

4. “Internet Service Provider” means a company or business organization that provides access to the Internet to its users through any available communications method or technology (i.e., dial-up, DSL, cable, satellite, etc.)
   
   

5. “Web Service Provider” means a company or business organization that provides services enabling its users to display content to others over the Internet (including, but not limited to, one or more of the following: Disk space, bandwidth or database allotments, email addresses, domain name registration, and SSL certificates).

C. Length of Agreement and Scope

1. This Agreement is effective upon receipt of payment, and remains effective until terminated. It shall be terminated automatically if you breach this Agreement.
   
   

2. You agree to strictly comply with all local building codes, ordinances, regulations and requirements, including permits and inspections at the time and place of construction. A material non-compliance or a violation of law shall be considered a breach of this Agreement.
   
   

3. The scope of this Agreement is limited to delivery of Plan(s) in digital form only via download at Seller’s Web Site. Seller reserves the right to charge additional fee(s), plus a postage and handling change, for delivery of Plan(s) in other formats, including, but not limited to, CDROM, DVD, or hard copy.
   
   

D. Disclosures

1. All Plans on the Web Site have been created by independent architects, engineers, and home designers (collectively and hereafter, “Independent Professionals”).

   1. You understand and agree that no agency relationship of any kind exists between these Independent Professionals and Seller, including, but not limited to, partnership, joint venture, employee-employer, franchisee-franchisor, or master-servant.

   2. You further understand that Seller is only in the business of making Plans by Independent Professionals available for licensing. We do not create our own custom designs, nor can we assist you in tailoring existing designs to your specifications.
      
      

2. All Plans have been designed to meet one or more of the following building codes, as written and/or approved by one or more of the following organizations, or its successors or assigns:

1. Council of American Building Officials (CABO);

2. Building Officials & Code Administrators International, Inc. (BOCA);

3. International Conference of Building Officials (ICBO);

4. Southern Building Code Congress International (SBCCI); and/or,

5. International Code Council (ICC), with building codes known as the International Building Code or the International Residential Code.

3. Not all Plans available through Seller have been engineered, but have been created using the most common procedures for the residential construction industry.
   
   

4. Neither Seller nor any of the Independent Professional(s) involved in the design of your Plan(s) can guarantee that the Plan(s) licensed to you will be designed in accordance with local and/or state building code requirements, with changes in the law, or with other requirements specific to the local area where the building or structure shall be built, including but not limited to, energy efficiency, zoning or homeowner association rules, or resistance to hurricanes, high winds, earthquakes, or other naturally occurring hazards. Plan(s) may need to be modified or engineered to meet these specific requirements.
   
   

5. It is the joint responsibility of you and your contractor to perform the following activities prior to construction:

1. To research all relevant or applicable building code requirements at the building site and to make adjustments and/or to engineer the Plan(s) accordingly to ensure that such requirements will be met, and so that you comply with all relevant state, local, and federal laws. This includes checking all measurements and details;

2. To make other adjustments and/or to engineer the Plans as needed to account for the unique characteristics of the building site, such as the size and shape of the lot, relevant boundary lines, whether the land is sloping or level, soil and subsoil conditions, and so forth; and,

3. To verify that all structural supports are indicated.
   
   

6. We strongly recommend and urge that all Plan(s) should be reviewed and stamped by a certified engineer where construction of the building will take place.
   
   

E. Disclaimer

1. Neither Seller nor any Independent Professional shall be responsible for any errors in the design or construction of any building, or for site conditions which include, but are not limited to: Soil and subsoil conditions, backfill against foundations, rock, or any other situation that may affect the integrity of the foundation of the building or structure, or that of the structure as a whole.
   
   

2. All Plan(s) licensed through Seller are provided AS-IS and Seller disclaims all other warranties, express or implied, including merchantability or fitness of purpose. Neither Seller nor any Independent Professional shall be liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services or any construction plans received from Seller. It is the End User’s responsibility to ensure the accuracy, compliance with applicable statute or regulation, and fitness of purpose of any plans or construction information received from this Web Site.
   
   

3. Notwithstanding the previous paragraph, if we are found to be liable as to a given Plan, then our liability to you or to any third party is limited to the amount you paid for the Plan that you received.
   
   

4. Although Seller will diligently make all reasonable efforts in providing Plan(s) to you, Seller shall not be responsible for technical or other difficulties beyond the control of the parties, including but not limited to, malfunctions at seller’s Web Service Provider or with any Internet Service Provider.

F. Grant of License

1. Seller grants you the following rights to the Plan(s) that you have selected, provided that you comply with all the terms and conditions of this Agreement (hereafter “License”):

   1. You are permitted to download the selected Plan(s) to your personal computer or other device;

   2. You are permitted to make backup copies of all files relating to the Plan(s) on personal computers or devices under your control;

   3. You are permitted to make printouts of all Plan documents, and to make photocopies of such documents for your exclusive use;

   4. You are permitted to disclose or distribute the Plan(s) to others as required by law or to the extent necessary to enable the engineering, construction and completion of the building or structure, as depicted in the selected Plan(s), for lawful residential occupancy, and to facilitate all required inspections of the same;

   5. You are permitted to use the Plan(s) as often as desired (i.e., to build more than one building or structure, or for more than one person, family, or customer);

   6. Following construction and completion of the building or structure, you are permitted to retain all files and documents, whether in paper or digital form, for the limited purpose of archival and reference; and,

   7. If you will not be the person who will be owning or occupying the building or structure, then you are permitted to disclose the Plan(s) to the ultimate owner, for the limited purpose of archival or reference.

2. You are NOT granted rights to do any of the following:

   1. Use the Plan(s) to build structures for non-residential, commercial, or industrial uses;

   2. Sell or license the Plan(s), either by themselves, or as part of any collection, product, or service; or,

   3. Distribute the Plan(s) in any form, whether by hard copy or electronically, except to the extent expressly allowed by Paragraph 1 of this Section.
      
      

3. Upon termination of this Agreement, your License shall also terminate. Upon termination of your License, you may retain Plan(s) only for the limited purposes of archival and reference, to facilitate completion of structure(s) already in the process of actual construction, for disclosure to others in compliance with the law, for disclosure to the ultimate owner of the building or structure, and for no other purpose. You agree to destroy all copies of the Plan(s), whether in digital or electronic form, to the extent they do not conform to this limited purpose.
   
   

4. You agree that Plan(s) remain the property of the Independent Professional(s) who created them, and that he or she retains all rights to the Plan(s), including, but not limited to, copyright, trademark, and intellectual property rights. You agree to indemnify and hold harmless Seller for any harm to said Independent Professional(s) or to others caused by your breach of this Agreement or this License.

G. No Agency

1. You agree that no agency, partnership, joint venture, employee-employer, franchisee-franchisor, master-servant, or similar relationship is intended or created by this Agreement as between you and us.

H. Resolution of Disputes and Arbitration Provision

1. You agree that any claim or controversy that arises out of this Agreement, whether at law or at equity, shall be resolved in accordance with this Section, unless we otherwise agree in writing.
   
   

2. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or other Arbitration Rules, by the National Arbitration Forum, or by JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If the parties cannot agree within a reasonable time on an arbitrator to use, then Seller shall select the arbitrator from among the above-listed organizations.
   
   

I. Concluding and Miscellaneous Provisions

1. If any provision of this Agreement is held to be invalid or unenforceable, you agree that the invalid provision will be treated as being deleted or removed, and that the remainder of this Agreement shall be given full force and effect.
   
   

2. The failure of Seller to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
   
   

3. Section headings are used solely for the convenience of the reader. They shall not be used to limit the scope of any section.
   
   

4. This Agreement sets forth the entire understanding of the parties.
   
   

5. This Agreement shall not be assigned by you, unless we agree to the assignment in writing.
   
   

6. Where a term is gender-specific, it shall be construed as meaning either or both genders, as well as to entities not having a gender (such as a corporation or an LLC).
   
   

7. The following Sections shall survive any termination of this Agreement:

   1. Paragraphs 2-4 of Section F (relating to Licensing and License Termination);

   2. Disclosures, at Section D;

   3. Disclaimers, at Section E; and,

   4. Resolution of Disputes and Arbitration Provision, at Section H.