Terms of use
Included herein are the terms which govern the legal use of plans and plan sets purchased from Lowden Architecture’s website. Please note that these plans (including Floor Plans, Concept Packages, etc) are preliminary drawings and renderings only, and are intended to provide illustrations of conceptual designs solely for the purpose of space planning, design inspiration, and initial project budgeting. All information is diagrammatic in nature: additional detailed design, specifications and material and system selections are required prior to permitting and construction. These plans are not intended to be used as contract, bid, permit, or construction documents. If you have questions or would like to discuss the possibility of hiring Lowden Architecture to prepare full-service plans, please email us at alex@lowdenarchitecture.com.
1. TERMS
These Terms of Use (“Terms”) represent an agreement between you, the purchaser (“Licensee”) and Alexander J Lowden, Architect d/b/a Lowden Architecture (“Architect”) and govern Licensee’s use of this website and any products or services, including, but not limited to, house and accessory dwelling unit plan sets (“Plans”) made available via this website from time to time.
This website, together with such products or services, is referred to collectively as the “Site” in these Terms. By using the Site, whether for purposes of viewing or ordering Plans or otherwise, Licensee acknowledges that they have read and understood, and agree to be bound by and comply with, these Terms and all applicable laws and regulations. Furthermore, Licensee also agree that they are responsible for compliance with any and all applicable local laws, regulations or ordinances.
If Licensee does not agree with any of these terms, they are prohibited from using or accessing this Site, the Plans, or any of the materials provided. Architect assumes no liability for any dwelling, portion of a dwelling, or other structure which may be built using these Plans. The purchaser of these Plans is responsible for reading and complying with the following before purchasing the Plans and before the start of construction.
2. USE LICENSE
A. These Plans are the property of the Architect. These Plans are protected by Federal Copyright Laws. Any use of the information contained herein beyond the one-time use authorized by a purchase of Plans, or any duplication, publication, sale or distribution of any part of these Plans without Architect’s prior written consent represents a violation of Federal Laws subject to the prescribed penalties.
B. Purchase and downloading of any Plans grants the Licensee the right to a one-time use of such documents during the design of a single dwelling. A single purchase of the Plans allows duplication of prints solely for that purpose. Licensee acknowledges that all rights of ownership, title, and interest in the copyrights, plans and derivatives remain with Architect. License for use of the Plans ends with the completion of the dwelling (occupancy) or abandonment of the project. Plans are not transferable to a third party. This means if the dwelling is not built the Plans may not be transferred or sold to somebody else.
C. Any use of the Plans, or modifications of the Plans, by Licensee, builders or others is done at their own risk. Licensee shall have the Plans reviewed by a local professional architect or engineer before the start of construction. The information contained within the Plans is to indicate basic design intent. It is the responsibility of the Licensee to obtain the proper professional assistance to provide standard plans, construction details, and practices which will result in a structurally sound and weatherproof finished product compliant with all applicable codes and regulations. Any use of the Plans, and/or modifications of the Plans, by Licensee, builders, or others on Licensee’s behalf, is done at their own risk.
3. DISCLAIMERS AND REQUIREMENTS
A. Licensee assumes all responsibility and risk for use of the Site, including any Plans. The Plans are provided ‘as is’. The Architect makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Architect does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this Site. Without limitation of the foregoing, Licensee agrees that it is their responsibility to ensure, prior to use of any Plans, that such Plans are accurate and suitable for their purposes.
B. All sales of Plans are final. No refunds or exchanges can be given once the order fulfillment process has begun.
C. Names of materials and manufacturers that may be shown on these Plans do not represent an endorsement or recommendation by the Architect. Final material selections and details are the responsibility of the Licensee and/or builder, including, but not limited to proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and any other small items and details not necessarily indicated on the Plans, and over which the Architect has no control or responsibility. Architect shall not be held liable for any errors, omissions, or deficiencies in any form by any party whatsoever.
D. The Plans do not have an architectural or engineering signature, seal and/or stamp. The Licensee, their local professional architect or engineer, and the builder are responsible for obtaining all required permits and providing all the necessary material, including but not limited to signatures, seals and/or stamps, plans, details, and calculations, required to result in a structurally sound and weatherproof finished product compliant with all applicable codes and regulations. Licensee’s right to use the Plans is conditioned on their agreement to: (i) hire a locally licensed architect or engineer prior to beginning construction, and (ii) strictly comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements.
E. Plans purchased for homes to be built in certain jurisdictions must be redrawn by a locally registered professional, and Licensee agrees that they will consult a local building official with respect to such requirements.
F. Due to the wide variety of local codes and site-specific or location-specific requirements, these Plans to not include structural foundation or framing plans, details, or calculations. Licensee agrees to ensure a local architect or licensed engineer has reviewed these Plans and provided a complete, site-specific, structural design prior to the start of construction.
G. Due to the wide variety of local codes and climatic conditions, these Plans do not include any detailed electrical, plumbing, heating or air conditioning drawings or calculations. Any electrical or mechanical layouts included in Plans are diagrammatic only; they are not intended to be complete in all respects and details and may not be acceptable for all locations. Licensee agrees to have a local electrical engineer, mechanical engineer or builder provide detailed electrical, plumbing, heating and/or air conditioning drawings and calculations as may be required for permits and construction.
H. These Plans provide ideas and concepts and are not intended to be complete in all respects and details. The materials appearing on this Site may include technical, typographical, or photographic errors. Variations in standard sizes of window and door brands and types and use of different materials and thicknesses may require changes. Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems may also require changes in details.
4. LIMITATIONS
In no event shall the Architect be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Plans, even if the Architect or an agent of the Architect has been notified orally or in writing of the possibility of such damage.
5. INDEMNITY
You agree to indemnify and defend Architect and its officers, affiliates, contractors, and employees, (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 all reasonable attorneys’ fees, incurred or sustained by any of the Indemnified Parties in connection with (i) the use, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of the Plans or any other drawings, data or other materials furnished by Architect; (ii) any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors; and (iii) any breach by you of any of the provisions of these Terms.
6. TERMINATION
This license shall automatically terminate if Licensee violates any of these restrictions. Upon termination of this license, Licensee must destroy any downloaded materials in their possession whether in electronic or printed format. Unless sooner terminated, the License shall terminate upon completion of the dwelling (occupancy) or abandonment of the project.
7. SITE TERMS OF USE MODIFICATIONS
The Architect may revise these Terms at any time without notice. By accessing these Plans, Licensee agrees to be bound by the Terms current at the time of purchase.
8. MISCELLANEOUS
No joint venture, partnership, employment or agency relationship is created between Licensee and Architect as a result of these Terms or Licensee’s use of the Site, including any Plans. 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 will be effective as of the date accepted by Licensee. These Terms represent the entire agreement between Licensee and Architect 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.
These Terms shall be deemed severable. Nothing in these Terms shall be construed to create, impose or give rise to any duty owed by Architect or its affiliates to any contractor, subcontractor, construction manager, supplier, or other person or entity (other than Licensee, to the extent provided herein), or to any surety for or employee of any of them, or give any rights in or benefits under these Terms to such persons. Architect may assign these Terms at its discretion. These Terms are binding on the parties hereto and their respective successors and permitted assigns. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced.
These Terms will be governed by the laws of the United States of America and the State of California, without regard to conflict of law provisions. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the State of California. In addition to money damages, Architect shall be entitled to seek equitable relief where appropriate, including attorney’s fees and court costs, if Licensee breaches of any of these Terms. The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.”