Terms of Agreement
Welcome to ThePlanCollection.com ("Website"). We are part of The Plan Collection, LLC (“TPC”, the “Company”, “we” or “us”).
If you have any questions, comments or concerns regarding the TPC Policies or any other part of this Website or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to [email protected]
In order to use the Website and Services, you must:
TPC may refuse service, close accounts of any users, and change eligibility requirements at any time.
2. Code of conduct
While accessing and using the Website and the Products, you agree not to:
3. Before making purchases
You acknowledge that there is important information to consider before licensing or purchasing any Company or Website-related products or services. You acknowledge that you have familiarized or will familiarize 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.
Our Company and Website-related products and services include house plan sets (“Plans”). All Plans are designed to conform to local codes in the location for which the designer initially drew them at the time when they were initially created. 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.
4. When you order and use our plan products and services
All of our Plans were created by architects or designers (each, a “Designer”). When you order Plans from TPC, in accordance with these Terms:
Designer Agreement. In the scenario described in clause 4(b) immediately above, you may be required, before you have the right to receive and use the Plans, to enter into an agreement with the Designer (“Designer Agreement”) in addition to these Terms. In such case, if you do not agree to enter into the Designer Agreement, the order will be canceled and you will receive a refund for any amounts you may have already paid to TPC to purchase such rights. Any Designer Agreement will supplement but not replace these Terms. If there is any inconsistency or conflict between these Terms and a Designer Agreement, every effort will be made to reasonably construe such provisions in a manner that resolves such inconsistency or conflict; provided, however, that if such inconsistency or conflict cannot be reasonably construed in such manner, the more restrictive provisions regarding the scope of rights to use the Plans, and the more expansive provisions regarding obligations applicable to you and limitations on our and the Designer’s liability, shall apply.
5. Making purchases
You agree that all information that you provide in connection with any such license or purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
6. Returns and refunds
All orders to TPC are final, and no refunds or exchanges will be granted for any reason. All plans sold by TPC are provided “as is”. TPC disclaims all other warranties, express or implied, including merchantability or fitness of purpose.
When TPC provides you with Plans you are thereby granted, subject to these Terms and, if applicable, any Designer Agreement, a limited, non-exclusive license (“License”) to use the Plans to build the home depicted in the Plans (the “Project”) one time and one time only (unless otherwise specifically stated in your purchase confirmation or your Designer Agreement); and 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 state and local building codes, regulations or ordinances in completing the Project. In addition to any other requirements set forth in these Terms and, if applicable, any Designer Agreement, you agree to comply with the following restrictions, requirements, and conditions to which the License is subject:
8. Modifications of Plans
TPC or one of its affiliates or independent Designers will modify your Plans (“Modification Services”) on request and provide modified versions of the Plans (“Modified Plans”). “Modified Plans” are still Plans for the purposes of these Terms. As such, TPC and/or the Designer will retain all Intellectual Property Rights in any Modified Plans, even if the Modified Plans reflect your comments or input.
9. Your builder’s responsibilities
You acknowledge and agree that: (a) the following items are your builder's and your responsibilities; (b) you will use your best efforts to cause your builder to fulfill such responsibilities; and (c) TPC and its Designers shall have no responsibility or liability with respect to such items:
10. Intellectual Property Rights
TPC and/or its Designers or other licensors own all Intellectual Property Rights without limiting the generality of the foregoing: the Website, including any Plans or modified versions thereof; any and all other graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Website; and the contents, design, layout, functions and appearance of the Website. Without limitation of the foregoing, the Plans are protected by U.S. and international copyright laws; and any use of the information contained therein beyond the one-time use authorized under the License, or any reproduction, publication, sale or distribution of any part of the Plans without the prior written consent of TPC, constitutes a violation of Copyright Laws, and may make you subject to prosecution and the prescribed penalties to the full extent as provided thereunder.
Note, you may download material displayed on the Website for non-commercial, personal use only, provided that you also (a) retain all copyright, trademark and other intellectual property notices contained on the material; (b) do not modify any portion of the material; and (c) retain all attribution with respect to the material (e.g., the link to the page within the Website that contains the material).
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA process. We reserve the right to delete or disable content alleged to be infringing and terminate the accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Website can be found under our DMCA Policy.
You agree to indemnify and defend TPC and its affiliates, and their respective Designers or other licensors, and the officers, directors, owners, agents, representatives, contractors, employees and assigns of the foregoing (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, incurred or sustained by any of the Indemnified Parties in connection with (a) any breach by you of any of the provisions of these Terms and any applicable Designer Agreement, (b) your activities in connection with the Website or any Company or site-related products or services, including the Plans and/or (c) any Content uploaded, posted, or otherwise transmitted by you on or through the Website or that you otherwise provide to the Indemnified Parties. TPC reserves the right, at its own expense, to assume, or permit a Designer to assume, the exclusive defense and control of any matter subject to indemnification by you.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS, MATERIALS, AND PRODUCTS, INCLUDING ANY LICENSED OR PURCHASED PLANS. THE WEBSITE, INCLUDING ANY LICENSED OR PURCHASED PLANS, IS 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 AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE, PRIOR TO USE OF ANY PLANS, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR YOUR PURPOSES AND COMPLIANT WITH ALL APPLICABLE LAWS.
13. Additional disclaimers and caveats
The plan purchaser is responsible to assure that the building meets or exceeds local codes and regulations. TPC is not liable for plan interpretation, or the structural integrity of buildings built from Plans purchased through the Website and TPC. The Plans are intended to indicate design and basic construction detailing. It is the plan purchaser’s responsibility to ensure that all the proper professional assistance is obtained to provide standard construction details and practices. This includes, but is not limited to, the plan purchaser is to obtain any and all structural analysis, engineering and specifications that may be required in the municipality in which it is to be built.
Plan purchaser is to verify all lot conditions and measurements before construction. Any foundation plan and associated details in the Plans are intended to serve as a basic guide for a typical foundation system. Because local codes and regulations and even methods of construction vary across the nation and internationally, certain alternative planning may be necessary to adapt the plan to for your area and lot.
Plumbing, heating or air conditioning drawings are not typically found in the Plans due to the wide variety of local codes and climatic conditions. Electrical drawings are not outlined in great detail on the Plans for similar reasons. You should be able to meet with these subcontractors to select and plan the system that is most appropriate for your area and lot.
Some municipalities may require a plan review by a licensed architect or structural engineer in your area. The Plans do not have an architectural or engineering stamp, seal and/or signature. The plan purchaser is responsible for additional expenses incurred through meeting municipality requirements or other requirements for construction.
Due to the large number of Plans and price options for those Plans offered by TPC, data entry and other errors inevitably may occur in the text and pricing shown on this Website. TPC reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by TPC.
Some photographs that appear on the Website of houses that have been built may be based on modifications made to the Plans associated with those photographs, and, in such case, those modifications are not incorporated into the Plans.
14. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL TPC OR ITS AFFILIATES OR ANY DESIGNERS 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 ANY PLANS. IN THE EVENT ANY LIABILITY IS IMPOSED ON TPC OR ITS DESIGNERS FOR DIRECT DAMAGES, TPC'S AND ITS DESIGNERS’ LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO TPC IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, OR (B) IF YOU HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $100. 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, TPC'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
We may terminate, change, suspend or discontinue any aspect of the Website at any time. We may restrict, suspend or terminate your access to the Website or the License if we believe you are in breach of our Terms or applicable law. We maintain a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of Intellectual Property Rights.
16. Right of change and amendment
TPC reserves the right to make changes from time to time to the nature of and/or the way in which it provides its Website and Products, in consequence, to make variations and amendments to the TPC Policies. The changes may include, without limitation to: modify the Website and the Products (including, without limitation, removing, eliminating or discontinuing any Content or feature thereof; or modify pricing published on the Website. Those who use the Website on a regular basis should check the relevant links regularly before placing orders.
16. Disputes, governing law and jurisdiction
The Terms and Conditions, the relationship between you and us, shall be governed by the laws of the State of New York, United States of America, without regard to conflict of laws rules. You agree that any cause of action that may arise between you and us or under these Terms shall be commenced and be heard in the appropriate court in the State of New York, County of Westchester, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Westchester County in the State of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and reasonable attorney’s fees.
The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by Applicable Laws, and such determination shall not affect the validity and enforceability of any other remaining provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms, together with any Designer Agreement, represent the entire agreement between you and TPC with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. All references in the 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 TPC. 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. Any heading, caption, or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Furthermore, these Terms shall be binding upon and inure to the benefit of your successors and assigns.
Thank you for taking the time to read TPC’s policies.