License Agreement: Online Purchase Terms and Conditions
- Reproducible Plans:
- refer to plans delivered in electronic files such as .pdf or .dwg (CAD) format and erasable paper format also known as Vellum paper.
- refer to plans delivered in a non erasable paper format also known as Bond paper.
- Study Plan:
- refers to presentation plans that consist of the floor plans and some of the exterior elevations (chosen by Period Style Homes). These plans DO NOT come with any license to build from, reproduce or modify in any way. They are intended to be used for presentation only.
This AGREEMENT is between Period Style Homes Plan Sales, Inc. which includes all designers and design companies affiliated with periodstylehomes.com ("Period Style Homes") and the party ("Customer") who purchases plans using the online order form, attached hereto and incorporated herein by this reference. Customer cannot resell, lend, loan, sublicense, assign or give away the plans or the limited license granted hereunder for the construction of one house to any third party. The license right is personal in nature.
All purchases are non refundable and non returnable.
- PURCHASE: Upon receipt of Customer online order form and successful processing of Customer payment, Period Style Homes will ship or provide downloadable files to Customer the plan(s) identified on the online order form.
PAYMENT: Payment shall be made through Visa, MasterCard, American Express or Discover Card. Period Style Homes shall charge Customer credit card the total amount set forth on the order form, including all fees for shipping and all applicable taxes. All amounts are in U.S. Dollars. No links shall be provided or plans shall ship until full payment has been received. All purchases are non refundable and non returnable.
- COPYRIGHT LICENSE AND OWNERSHIP: Except for the purchase of a Study Set, upon full payment of all fees and costs, Customer shall receive a nonexclusive onetime license to use the plans to construct a residential building. If Customer would like additional licenses to construct additional residential buildings from the plans or to make copies of the plans, Customer should contact Period Style Homes for pricing and licensing information. All copyrights in and to the plans are owned solely by Period Style Homes or its affiliated companies, and Customer's sole right is the nonexclusive single building license granted hereunder. The plans are protected under the Architectural Works Copyright Protection Act of 1990 amendment to the U.S. Copyright Act. Period Style Homes and affiliated designers retains the sole and exclusive right to publish the plans, sell copies of the plans to others, and to create derivative works of the plans. Reproduction, including photocopies, of the plans without the prior written consent from Period Style Homes and affiliated designers is strictly prohibited and is a violation of U.S. Copyright law. Customer agrees that the use of the plan is for the construction of one house only, and that the plan or any part of it will not be reproduced by any means without the written consent of the Period Style Homes. Customer may purchase reproducible plans which shall permit up to a maximum of ten (20) copies of the reproducible plans for the construction of a single residential building only. The purchase of reproducible plans does not constitute the granting of additional licenses.
ESTIMATING BUILDING COSTS: Building costs vary widely depending on style, size, type of finishing materials selected, and the local rates for labor and building materials. A local average cost per square foot of construction can give a rough estimate. To get the average cost per square foot in an area, call a local contractor, state or local builders association, the National Association of Home Builders (NAHB), or the American Institute of Building Design (AIBD). A more accurate estimate will require a professional review of the working blueprints and the types of materials being using.
ZONING AND CONSTRUCTION: Plans purchased hereunder shall be in compliance with generally accepted zoning principles. These zoning principles may or may not be the same as the zoning laws and regulations in the locale where Customer will construct the plans. Period Style Homes does not warrant and has not drafted the plans to comply with Customer's local zoning laws and regulations. Customer hereby assumes full responsibility to insure that the plans are in compliance with Customer's local building codes, zoning laws and regulations and Customer assumes full risk for noncompliance. Customer hereby indemnifies and holds Period Style Homes, its principals, employees, agents, and affiliated designers harmless from any claim, loss or liability resulting from the failure of the plans to comply with local zoning laws or regulations or codes or for any other breach of this Agreement attributable in whole or in part to Customer or its builder.
LOCAL BUILDING CODES AND ZONING REQUIREMENTS: At the time of creation, our plans are drawn to specifications published by either the Building Officials and Code Administrators (BOCA) International, Inc.; the Southern Building Code Congress (SBCCI) International, Inc.; the International Conference of Building Officials; or the Council of American Building Officials (CABO). Because of the great differences in geography and climate throughout the United States and internationally, each state, county and municipality has its own building codes, zone requirements, ordinances and building regulations. Plans may need to be modified to comply with local requirements regarding snow loads, energy codes, soil and seismic conditions and a wide range of other matters. In addition, customer may need to obtain permits or inspections from local governments before and in the course of construction. Prior to using reproducible plans ordered from us, we strongly advise that customer consult a licensed architect or engineer - and speak with a local building official — before applying for any permit or beginning construction. We authorize the use of our reproducible plans on the express condition that customer strictly comply with all local building codes, zoning requirements and other applicable laws, regulations, ordinances and requirements. Customer hereby indemnifies and holds Period Style Homes, its principals, employees, agents, and affiliated designers harmless from any claim, loss or liability resulting from the failure of the plans to comply with local zoning laws or regulations or codes or for any other breach of this Agreement attributable in whole or in part to Customer or its builder.
COMPLIANCE WITH CODES: Depending on location modifications may be needed to the plans to comply with local building requirements — snow loads, energy codes, seismic zones, etc. Customer is authorized the use of reproducible plans expressly conditioned upon Customer obligation and agreement to strictly comply with all local building codes, ordinances, regulations, and requirements — including permits and inspections at the time of construction.
FOUNDATION OPTIONS & EXTERIOR CONSTRUCTION: Depending on location and climate, homes will normally be built with a slab, crawlspace or basement foundation and numerous types of exterior walls. Most professional contractors and builders can easily adapt a home to meet the foundation and exterior wall requirements desired. If the home selected does not offer the foundation or exterior wall requirements preferred; Period Style Homes offers a typical foundation and framing conversion diagram. Every state, county and municipality has its own codes, zoning requirements, ordinances and building regulations. Modifications may be necessary to comply with specific requirements-snow loads, energy codes, seismic zones, etc.
REVISIONS, MODIFICATIONS AND CUSTOMIZING: Through the choice of siding, roof, trim, decorating, color, etc., a home can be customized easily. Minor changes and material substitutions can be made by any professional builder without the need for expensive blueprint revisions. However, if major changes are being made, Period Style Homes strongly recommends ordering a reproducible set and seeking the services of an architect or professional A.I.B.D. designer.
CUSTOM SERVICES: Period Style Homes is able to make custom changes to any of its plans purchased online. Please contact Period Style Homes at 239-357-8980. All custom design work shall be subject the Period Style Homes Design Services Agreement.
ARCHITECTURAL AND ENGINEERING SEALS: The increased concern over energy costs and safety has prompted many cities and states to require an architect or engineer to review and "seal" a blueprint prior to construction. There may be a fee for this service. Please contact a local lumberyard, municipal building department, builders association, or local chapter of the American Institute of Building Design (AIBD) or the American Institute of Architects (AIA).
- NOTICE: Plans for homes to be built in Nevada must be re-drawn by a Nevada-registered professional. Consult a local Nevada building official for more information on this subject.
- WARRANTY AND LIMITATION OF LIABILITY: CUSTOMER IS PURCHASING PLANS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. SPECIFICALLY, PERIOD STYLE HOMESHEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND COMPLIANCE WITH LOCAL BUILDING OR ZONING CODES. IN NO EVENT SHALL PERIOD STYLE HOMES BE LIABLE TO CUSTOMER, ITS BUILDER OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF PERIOD STYLE HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT PERIOD STYLE HOMES IS FOUND LIABLE, PERIOD STYLE HOMES'S TOTAL LIABILITY TO CUSTOMER OR ANY THIRD PARTY WILL BE LIMITED TO THE MONIES PAID TO PERIOD STYLE HOMES UNDER THIS AGREEMENT. ALL PURCHASES ARE FINAL AND NONREFUNDABLE. PERIOD STYLE HOMES IS NOT A LICENSED ARCHITECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- SUCCESSORS AND ASSIGNS: This Agreement and Customer's obligations hereunder shall be binding on representatives, successors and permitted assigns of Customer and shall inure to the benefit of the representatives, successors and assigns of Period Style Homes
NOTICE: All notices shall be made in writing and shall be effective upon being received by confirmed facsimile or by postage prepaid U.S. Certified Mail, Return Receipt Requested.
- SEVERABILITY AND WAIVER: If any provision of this Agreement shall be held to be void, invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision of this Agreement is void invalid or unenforceable, but if by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
ATTORNEYS' FEES: Customer shall be liable for all fees and costs, including reasonable attorneys' fees, incurred by Period Style Homes in enforcing any provision of this Agreement, including enforcement of this provision, regardless of enforcement through legal action or non-legal action.
- FORCE MAJEURE: Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement resulting, directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, war, riots, terrorism, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, breakdown of equipment, or any causes beyond the reasonable control of such party.
- CHOICE OF LAW AND FORUM: This Agreement shall be governed by the substantive and procedural laws of the State of Florida, and any conflict of law principles which might make this choice of law ineffective shall not apply. The parties hereby irrevocably submit to the exclusive personal jurisdiction and venue of the courts of Lee County, Florida. Customer hereby irrevocably waives the defense of an inconvenient forum to the maintenance of such lawsuit, action or proceeding.
- ENTIRE AGREEMENT: This Agreement and the attached Online Order Form contains the complete, final and entire agreement between the parties and there are no other promises or conditions in any other agreement between the parties whether oral or written, relating to the subject matter of this Agreement. This Agreement supersedes any prior discussions, representations, and statements, or written or oral agreements between the parties. The section headings in this Agreement are for convenient reference only and shall be given no substantive or interpretive effect.