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, you acknowledge that you have read and understood, and agree to be bound by and comply with, these Terms.
When you use our website.
Who may use the Site.The Site is intended for use by adults. You must be at least 18 to order or use any Plans or otherwise use the Site.
What’s not allowed.When using the Site, you agree that you will not:
- violate any applicable present or future laws, rules, orders, ordinances, regulations, statutes, requirements, codes or executive orders of any governmental or judicial authorities (“Applicable Laws”);
- submit, provide or upload any text, images, video or other materials (“Your Information”) that are unlawful, harmful, fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another's right of privacy or publicity or infringe any Intellectual Property Rights (as defined below) or other proprietary rights of any third party;
- submit any personal information, including names or email addresses, pertaining to other individuals;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information;
- violate or attempt to violate the security of the Site;
- reverse engineer or decompile any portion of the Site; or
- “scrape” information from the Site by automated means or otherwise without authorization.
When you order and use our plans.
Overview.All of our Plans were created by architects or designers (each, a “Designer”). When you order Plans from Zonda Media, in accordance with these Terms:
- if we own the copyright in the Plans, we license rights to use these Plans directly to you; or
- if we have licensed the rights to use the Plans from a Designer, we either sublicense rights to you to use these Plans or arrange for the Designer to license such rights directly to you.
Designer Agreement.In the scenario described in clause 1(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 cancelled and you will receive a refund for any amounts you may have already paid to Zonda Media to purchase such rights. Any Designer Agreement will supplement but not replace these Terms. If there is any conflict or inconsistency between these Terms and a Designer Agreement, every effort will be made to reasonably construe such provisions in a manner that resolves such conflict or inconsistency; provided, however, that if such conflict or inconsistency 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.
- You may order some Plans by paying money (“Purchased Plans”), and other Plans by giving us the right to use your contact information for marketing purposes, as described below (“Free Plans”). In all cases, you will be responsible for any applicable sales or similar taxes and shipping and handling costs, if specified. All orders to Zonda Media are final, and no refunds will be granted for any reason. Unless otherwise specified, all monetary amounts referenced on the Site refer to U.S. dollars.
- As a condition to ordering Free Plans, you agree that Zonda Media may share the contact and other information that you provide with other companies, who may use it to contact you, by telephone, email, text/SMS message or postal mail, concerning products or services that they believe may be of interest to you. In particular, by ordering Free Plans, you consent to receive telephone calls and other communications including text/SMS messages at the number(s) you provide, including any wireless or residential number, using an automated telephone dialing system and/or pre-recorded message. By way of clarification, you will not need to provide this consent for telephone calls and text or SMS messages as a condition to obtaining Purchased.
License.When Zonda Media provides you with Purchased Plans or Free 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; 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, ordinances or regulations 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:
- You may not assign, sublicense or transfer the License.
- You may not re-use the Plans (e.g., for building any additional home(s)), without the prior written consent of Zonda Media, which consent shall require payment of a re-use fee and may be subject to additional conditions, as specified by Zonda Media.
- You shall not, and shall not authorize or permit anyone else to, 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 home subject to the License.
- You may not create derivative works based on the Plans other than such modifications as may be required for your own use in building a single home in accordance herewith.
- You agree that you will have the Plans reviewed and approved by a local professional designer or engineer before the start of any construction.
- You agree that you will maintain, and will cause your builder and other contractors involved in the Project to maintain, sufficient liability and other insurance coverages with insurance companies licensed in the applicable locations, as required to cover all of your obligations under these Terms and Applicable Laws.
Customization Services.If you request that Zonda Media or its Designer customize the Plans, the following provisions apply:
Overview.Zonda Media, or one of its affiliates or independent Designers, will customize your Plans (“Customization Services”) on request, as detailed below, and provided customized versions of the Plans (“Customized Plans”). For purposes of the Customization Services, references to Zonda Media may apply to Zonda Media’ affiliate or Designer. “Customized Plans” are still Plans for purposes of these Terms. As such, Zonda Media and/or its Designer will retain all Intellectual Property Rights in any Customized Plans, even if the Customized Plans reflect your comments or input.
Scope of Work.When you request Customization Services, we will provide you with a proposed scope of work (“Scope”) based on your request, and a price quote. The Customization Services will be deemed complete when we provide you with Customized Plans substantially consistent with the Scope.
Additional Services.If you request revisions to the Customized Plans after such delivery, or otherwise require any services outside of the Scope, those services will be considered “Additional Services” and subject to additional fees as specified in a subsequent price quote. By way of clarification, unless otherwise expressly specified in the Scope, Customization Services will not include (i) architectural or engineering services required to make changes to Plans for purposes of compliance with local building codes or to comply with changes in Applicable Laws; (ii) construction cost estimating services, materials lists, take offs and other related services; (iii) site evaluation and selection services; (iv) design and construction review services relating to the contractor's or construction manager’s safety precautions or to the means, methods, techniques, sequences or procedures required for the contractor or construction manager to perform its work, but not relating to the final or completed structure; or (v) services made necessary by the default, failure of performance or termination of the contractor or construction manager under its contract or by defects or deficiencies in the work of a contractor of construction manager.
Fees.If you decide to purchase the Customization Services, you will be deemed to have agreed to pay the fees in the amount of the initial price quote. If you decide to purchase Additional Services, you will likewise be deemed to have agreed to pay the fees in the amount of such subsequent price quote. In all cases, you will be responsible for payment of any reimbursable expenses incurred in the interest of the project, including costs, marked up by 10%, of consultants, reproductions, postage and handling, faxes, photography, messenger service, long distance telephone calls, travel and meals, supplies, renderings and models and approved overtime work. Payment is due at time of purchase for the initial Customization Services, and again at the time of purchase of any Additional Services, if applicable, unless otherwise agreed in writing. You will be required to pay interest for any payments due and unpaid more than thirty (30) days after the date of Invoice, at a rate equal to the lesser of (i) 1.5% per month, or (ii) the greatest amount permitted under applicable law. Without limitation of any other rights or remedies under these Terms or pursuant to Applicable Laws, Zonda Media may withhold the release of contract documents for permit, bidding, and construction, if payment on invoices is not current.
Client Responsibilities.Your responsibilities in connection with the Customization Services include the following:
- providing complete and accurate information regarding custom changes and budget requirements and all physical information about the site and/or building;
- rendering approvals and decisions promptly and as necessary for the orderly progress of the Customization Services and in keeping with the mutually acceptable schedule;
- obtaining, at your own expense, all required soil studies and land surveys;
- crediting Zonda Media and the applicable Designer in publicity involving the project design;
- providing, if requested, a written description and/or sketch outlining the proposed changes;
- providing a copyright release satisfactory to Zonda Media if you provide the plans that will be subject to the Customization Services;
- permitting access to the project site at all reasonable hours and shall be permitted to photograph the project during construction and upon completion for its records and future use
Suspension or Termination.Either you or Zonda Media may terminate the Customization Services at any time on at least seven (7) days’ written notice. If you terminate the Customization Services, you will not be entitled to any refund of amounts already paid. If Zonda Media terminates the Customization Services, you will be entitled to an equitable refund based on the portion of the Customization Services prepaid but not already performed, as reasonably determined by Zonda Media. No refund will be issued for the purchase of the original Plans. Zonda Media shall be entitled to compensation for all services and reimbursable expenses incurred prior to receipt of written notice of termination from you. If the Project is resumed, after being terminated for more than one (1) months, and should Zonda Media agree to resume performance of Customization Services, there will be a re-activation fee at 15% of the original customization fee. In the event the Zonda Media does not receive the agreed compensation when due, Zonda Media may, without limitation of its other rights or remedies, suspend performance of the Customization Services.
Your Builder’s Responsibilities.You acknowledge and agree that: (i) the following items are your builder's and your responsibilities; (ii) you will use your best efforts to cause your builder to fulfill such responsibilities; and (iii) Zonda Media and its Designers 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 applicable national, state, and local building codes, construction industry standards and other Applicable Laws.
- Your builder is responsible for obtaining the required permits and inspections from local governmental agencies.
- Your builder is responsible for checking the Plans prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions.
- Your builder is responsible for working with you on decisions for the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details. For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor dimension would vary from the Plans and require revised stair dimension and framing.
- 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 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. Your builder must follow all instruction to sustain and preserve all expressed or implied warranties and guarantees. It is the responsibility of the builder to assure that all materials, equipment and components are new and of good quality.
Generally Applicable Terms.
Indemnity.You agree to indemnify and defend Zonda Media 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 (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 Zonda Media or any Designers; (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 and any applicable Designer Agreement. Zonda Media 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.
DISCLAIMER.YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, INCLUDING ANY PLANS. THE SITE, INCLUDING ANY PLANS, IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, 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.
Additional caveats, disclaimers and requirements.
- The Plans are intended to indicate design intent and basic construction detailing. It is your responsibility to ensure that you have obtained the proper professional assistance to provide standard construction details and practices, which will result in a structurally sound and weatherproof finished product. Any use of the Plans, and/or modifications of the Plans, by you, builders or others on your behalf, is done at your own risk.
- The Plans do not include any plumbing, heating or air conditioning drawings due to the wide variety of local codes and climatic conditions. We recommend that you have a local electrical engineer, mechanical engineer or builder provide such of these drawings as may be required for permits and construction.
- Any foundation plan and associated details included in the Plans are intended to serve as a basic guide for a typical foundation system. This typical foundation system is not site- or location-specific. You acknowledge our recommendation that you have a local designer or licensed engineer review the Plans and provide a site-specific foundation design if found necessary.
- The Plans provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes (e.g., of windows and doors), and brands, thicknesses, types and uses of different materials can change details. Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems may also require changes of details.
- Zonda Media engages Designers that it believes to be reliable. However, you should normally anticipate that some changes and adjustments in the project will be required 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 Designer.
- Names of materials and manufacturers shown on the Plans do not represent an endorsement or recommendation by Zonda Media or Designer. Final selections of materials are the responsibility of you and/or your builder, including proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Plans; and Zonda Media and Designer have no control or responsibility with respect to such matters.
- The Plans do not have an architectural or engineering signature, seal and/or stamp. You agree to consult the local building official who can tell you if a review of the Plans by a licensed designer or engineer is required prior to submission of the Plans for a building permit. Because of the great differences in geography and climate in different areas, each state, county, and municipality has its own building codes, zoning requirements, ordinances, and/or building regulations. The Plans may need to be modified to comply with local requirements. In addition, you may need to obtain permits or inspections from local governments before and in the course of construction. Your right to use the Plans is conditioned on your agreement to, and you affirm that you shall: (i) consult a locally licensed designer or engineer of your choice prior to beginning construction, and (ii) strictly comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements.
- Plans purchased for homes to be built in certain jurisdictions, such as the State of Nevada, must be redrawn by a locally registered professional; and you agree that, if applicable, you will consult a local building official or legal counsel with respect to such requirements.
- Due to the large number of Plans and price options for those Plans offered by Zonda Media, data entry and other errors inevitably may occur in the text and pricing shown on this Site. Zonda Media 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 Zonda Media.
- Some photographs that appear on the Site of houses that have been built may be based on modifications made to the Plans associated with photograph, and, in such case, those modifications are not incorporated into the Plans.
LIMITATIONS OF LIABILITY.
- IN NO EVENT SHALL ZONDA MEDIA 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 SITE, INCLUDING ANY PLANS. ZONDA MEDIA AND ITS DESIGNERS’ LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO ZONDA MEDIA 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, ZONDA MEDIA'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
Changes to these terms.Zonda Media may modify these Terms at any time by posting changes on the Site; however, (i) these changes will only become effective and binding with respect to you after Zonda Media provides notice on the Site that these Terms have changed, and you first use the Site following the date of such posting, (ii) the changes will only apply with respect to your use of the Site, including any ordering or use of Plans, after such changes become effective, and (iii) any imposition or change of payment obligations, if any, will only apply if and when you expressly agree. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Site.
Digital Millennium Copyright Act.If you believe that the Site contains content that infringes on your copyright, please forward the following information by email to email@example.com or by postal mail to Pomeroy Law Group PLLC, 54 W. 40th Street, New York, NY 10018.
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
Termination.We have the right, without limitation of our other rights and remedies at law, in equity or hereunder, 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 or any Designer Agreement. Unless sooner terminated, the License shall terminate upon your completion or abandonment of the Project.
Miscellaneous.No joint venture, partnership, employment or agency relationship exists between you and Zonda Media or any Designers as a result of these Terms or your 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 you. These Terms, together with any Designer Agreement, represent the entire agreement between you and Zonda Media 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. 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. These Terms are for the benefit of Zonda Media and the Designers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities has the right to assert and enforce these Terms directly against you on their own behalf. Nothing in these Terms shall be construed to create, impose or give rise to any duty owed by Zonda Media of its affiliates or any Designer to any contractor, subcontractor, construction manager, supplier, or other person or entity (other than you, 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. Zonda Media may assign these Terms at its discretion. You may not assign these Terms or any of your rights hereunder, nor delegate any of your obligations hereunder. 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 laws rules. 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, Zonda Media shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. 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.” All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to Zonda Media. 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. We will send any notices that are intended for you personally and not all users of the Site to you at the most recent email address we have on file for you. Any notice from you to Zonda Media should be sent by email to firstname.lastname@example.org or by postal mail to: Zonda Media, 617a 2nd St., Petaluma, CA 94952.