Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the ADUBuildingPlans.com website (the “Service”) operated by ADU Building Plans (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
Plans on ADUBuildingPlans.com are protected under the United States copyright laws. Reproduction of the plans or illustrations in any way is strictly prohibited.
The following statement is provided by the House Plan Marketing Association:
- HOME PLANS ARE COPYRIGHTED! – Just like books, movies and songs, home plans receive protection under the federal copyright laws. The copyright laws prevent anyone, other than the copyright owner, from reproducing, modifying or reusing the plans or designs without written permission of the copyright owner.
- DO NOT COPY DESIGNS OR FLOOR PLANS FROM ANY PUBLICATION, ELECTRONIC MEDIA OR EXISTING HOME – It is a common misunderstanding that making changes to or redrawing a plan found in a plan book is permissible. It is not. The right to modify plans is one of the exclusive rights of copyright. It is also illegal to copy or redraw a constructed home that is protected by copyright, even if you have never seen the plans for the home. If you find a plan that you like, you must purchase a set of plans from an authorized source.
- DO NOT USE PLANS TO BUILD MORE THAN ONE HOUSE – The original purchaser of a house plan is typically licensed to build a single home from the plans. Building more than one home from the plans without permission is an infringement of the home designer’s copyright and, unless otherwise specified, you should assume that construction sets typically include 5 to 8 (hard copy) sets. The purchase of a multiple set plan package is for the construction of a single home only and the purchase of any additional plan sets do not give you the right to construct more than one home, unless otherwise stated on our site. However, we do offer some plans which include either the PDF or CAD file unlimited use package which does allow for building the plan more than once. Also, some designers may have a re-use fee for their plans; you will need to contact our office for us to determine if one is available for a specific plan and what that dollar amount may be as these vary per designer and plan.
- HOUSE PLANS IN THE FORM OF BLUEPRINTS OR BLACKLINES CANNOT BE COPIED OR REPRODUCED – Plans, blueprints or blacklines cannot be copied or reproduced without the prior written consent of the copyright owner. If additional sets are required for estimating or construction, please contact the home designer for additional sets at a nominal cost. Copy shops and blueprint are prohibited from making copies of these plans. The PDFs come with a license agreement that will allow for you to make copies locally.
- HOUSE PLANS IN THE FORM OF BLUEPRINTS OR BLACKLINES CANNOT BE REDRAWN – Plans cannot be modified or redrawn without first obtaining the copyright owner’s permission. With your purchase of plans, you are licensed to make non-structural changes by “red-lining” the purchased plans. If you need to make structural changes or need to redraw the plans for any reason, you must purchase a reproducible set of plans (see topic 6) which includes a license to modify plans. Blueprints do not come with a license to make structural changes or to redraw the plans. You may not reuse or sell the modified design.
- REPRODUCIBLE HOME PLANS – Reproducible plans (for example PDFs, CAD files and vellums) come with a license to make modifications to the plans. Once modified, the plans can be taken to a local copy shop or blue print to make copies of the plans to use in the construction of a single home. Only one home can be constructed from any single purchased set of reproducible plans either in original form or as modified unless otherwise stated on our website.
- MODIFIED DESIGNS CANNOT BE REUSED – Even if you are licensed to make modifications to a copyrighted design, the modified design is not free from the original designer’s copyright. The sale or reuse of the modified design is prohibited. Also, be aware that any modification to plans relieves the designer from liability for design defects and voids all warranties expressed or implied.
- WHO IS RESPONSIBLE FOR COPYRIGHT INFRINGEMENT? – Any party who participates in a copyright violation may be responsible, including the purchaser, designers, architects, engineers, drafters, homeowners, builders, contractors, sub-contractors, copy shops, blueprint, developers and real estate agencies. It does not matter whether the individual knows that a violation is being committed. You’ve heard it before: Ignorance of the law is not a valid defense! Refuse to be a party to any illicit copying or use of designs, derivative works, prints, design features or homes.
- PLEASE RESPECT HOME DESIGN COPYRIGHTS – In the event of any suspected violation of a copyright, or if there is any uncertainty about the plans purchased, the publisher, architect, designer or House Plan Marketing Association should be contacted before proceeding. Awards are sometimes offered for information about home design copyright infringement.
- PENALTIES FOR INFRINGEMENT – Penalties for violating a copyright may be very severe. The responsible parties are required to pay actual damages caused by the infringement (which may be substantial), plus any profits made by the infringer commissions to include all profits and from the sale of any home built from an infringing design. The copyright law also allows for the recovery of statutory damages, which may be as high as $150,000 for each infringement. Finally, the infringer may be required to pay legal fees, which often exceed the damages.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
The Service and its original content, features and functionality are and will remain the exclusive property of ADU Building Plans and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ADU Building Plans.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ADU Building Plans.
ADU Building Plans has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ADU Building Plans shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless ADU Building Plans and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall ADU Building Plans, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ADU Building Plans its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.