Summit Studio Architects Terms and Conditions (“Agreement”)
This Agreement was last modified on October 31, 2013.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://www.summitstudioarchitects.com (“the Site”) operated by Summit Studio Architects, LLC (“us”, “we”, or “our”), registering on the Site as a client, or purchasing house plans or other materials from the Site. This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.summitstudioarchitects.com or by purchasing and using products and services offered by Summit Studio Architects, LLC (Summit Studio Architects).
By accessing or using the Site or purchasing and using products and services offered by Summit Studio Architects in any manner, including but not limited to house plans, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by Summit Studio Architects and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
All house plans listed on the Site are protected by U.S. copyright laws. Unauthorized reproduction, sale, or transfer of plan images contained on the Site or any other work produced herein is a violation of these laws. These laws allow Summit Studio Architects, the copyright holder, to recover damages of up to $100,000 per offense.
Copyright and Privacy Policies
Limited License Agreement
All products and services provided by Summit Studio Architects are protected by the United States and International Copyright Laws. All Instruments of service, including plans, drawings, sketches, specifications, and other information provided is and continues to be, even after the sale, owned by Summit Studio Architects. Summit Studio Architects, The Licensor grants to you, the purchaser of the products and services, an exclusive non-transferable limited License to use the Instruments of Service to construct a single home in accordance with this Agreement. Some plans contain a license agreement that allows for more than one use of the plans, but this must be specifically stated in your purchase documents. Any duplication, reuse, sale, or publication, in whole or in part, or derivative use of any plans, drawings, sketches, specifications, or any other document or instrument of service, beyond what is stated in your original purchase agreement, will subject you to a claim for willful infringement of the copyright laws and statutory damages, plus attorneys fees.
Limitation Of Liability
In no event shall Summit Studio Architects, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site or products and services offered by Summit Studio Architects, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arrising from your violation of any third-party’s rights.
Any use of house plans, or modifications of the plans, by purchasers, builders or others is done at your own risk. All construction plans ordered through http://www.summitstudioarchitects.com (Summit Studio Architects) are provided “as-is” and Summit Studio Architects disclaim all other warranties, express or implied, including merchantability or fitness of purpose. It is your responsibility to ensure the accuracy, compliance with applicable statute or regulation, and fitness of purpose of any plans or construction information received from Summit Studio Architects prior to use thereof. In the event any liability is imposed on Summit Studio Architects, Summit Studio Architects liability to you or any third party is limited to an amount not to exceed the price paid for Summit Studio Architects product. You agree to limit tSummit Studio Architects liability to the Client and to all contractors and subcontractors on the project, due to any cause what-so-ever, such that the total aggregate liability of Summit Studio Architects and to all those named shall not exceed the amount paid for the plans to Summit Studio Architects. You agree to hold harmless and indemnify Summit Studio Architects from and against all claims, liabilities, losses, damages and costs, including attorney’s fees, arising out of or connected with the conversion, modification, misinterpretation, misuse, or reuse by others of the electronic files, drawings and data provided. Summit Studio Architects is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services or any construction plans received from Summit Studio Architects even if Summit Studio Architects has been advised of the possibility of such damage. Nothing in this Agreement shall be construed to create, impose or give rise to any duty owed by Designer to any builder, contractor, subcontractor, supplier, surety, or other person or entity, or employee of any of them, or give any rights in or benefits under this agreement to anyone other than Client and Designer.
Customization Services to Modify House Plans
The Limited License Agreement granted to you by Summit Studio Architects includes the right to modify the house plans to meet your specific needs and/or to meet the requirements of your specific state and local building codes, ordinances or regulations. You acknowledge and agree that any modification of the house plans, does not alter the fact that Summit Studio Architects continues to own the copyright.
In order to meet local building codes or make other design modifications to the house plans, the Client can request that Summit Studio Architects perform Customization Services at the time of house plans purchase or after the final delivery of house plans. In both instances, any and all Customization Services to the plans are considered Additional Services.
For Custom Change Services, compensation shall be based on an online Customization Quote or per special request by the Client. The Client is responsible for requesting that a Customization Service Contract be executed between the Client and Summit Studio Architects in order to initiate a Custom Change. The Client shall provide full information regarding Custom Changes and any additional information requested by Summit Studio Architects. Custom Changes can be provided for a flat fee or on an hourly basis plus reimbursable expenses.
All plans are designed to meet the building codes in effect at the time and place they were drawn. However, because of the great differences in geography and climate throughout the United States and Canada, each state, county, and municipality has its own building codes, zoning requirements, ordinances, and building regulations. As a result of the differences in these codes, the house plans purchased may need to be modified to comply with the local building requirements. Summit Studio Architects authorizes you to use the house plans conditioned upon your obligation and agreement to strictly comply with all local building codes, ordinances, regulations and requirements, including permits and inspections at the time of and during construction. Note, that the local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, plumbing or other systems can also require changes to other details in the plans.
All Summit Studio Architects house plans provide a general layout, design intent, and concepts for your builder to construct the house, however, the plans do not include all details that may be required by your specific builder. You agree to advise your architect, engineer(s), and builder that the plans are not complete in every detail, and may require additional drawings or details to build the house.
The plans may include some reference to schematic site design elements. You agree to have a local architect, engineer(s), or your builder provide drawings of these components as may be required for permits and construction in your locality.
The foundation plan and associated details are provided as a basic guide for a typical foundation system. However, this typical foundation system is not site or location specific. You agree to have a local architect or licensed engineer review these plans and provide a site-specific foundation design, if required. You are responsible for obtaining all required soils investigations to determine the appropriate foundations system for the site and relaying that information to your architect, engineer(s) or builder.
The plans may include some schematic electrical, plumbing, heating or air conditioning drawings, which were drawn for the original design and locality. However, due to the wide variety of local codes and climatic conditions, the schematic drawings of these elements may not meet the building codes in your locality. You agree to have a local electrical engineer, mechanical engineer or your builder provide drawings of these components as may be required for permits and construction in your locality.
The plans may contain references of materials and manufacturers, however, these references do not represent an endorsement or recommendation by Summit Studio Architects. You and your builder are responsible for the final selection and installation of all materials used in your project, including but not limited to, proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details which are not necessarily indicated on the house plans, and over which Summit Studio Architects has any control or responsibility. Note that variations in standard sizes of window and door brands and types and use of different materials and thicknesses can change details.
Your locale may require that you comply with certain “green” building standards. You agree to have a local architect, engineer(s), or your builder provide the design resources as may be required for permits and construction in your locality.
Your Builder’s Responsibilities
The following are your builder’s and your responsibility and for which you agree Summit Studio Architects has no responsibility:
It is the responsibility of your builder to assure that all work is in accordance with the latest edition of all applicable National, State, Local Building Codes and Construction Industry Standards.
It is your builder’s responsibility to obtain the required permits and the required inspections from local governmental agencies.
It is the responsibility of your builder to check the plans prior to construction to verify all dimension and details for overall accuracy appropriate to the local conditions.
It is the responsibility of your builder to work with you on the 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.
It is your builder’s responsibility to provide standard construction details and practices which will result in a structurally sound and weatherproof finished product complying with best local practices for construction. Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.
It is the responsibility of your builder to assure 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.
All sales house plans sales on the Site and customization/modifications of house plans are final. No refunds or exchanges can be given once your order has started the fulfillment process.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Colorado, United States, without giving effect to any principles of conflicts of law.
Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by final arbitration in accordance with the Rules of the American Arbitration Association in Colorado in the jurisdiction of the principal place of business of Summit Studio Architects.
Summit Studio Architects, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Summit Studio Architects.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site or products and services offered by Summit Studio Architects after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement on the Site periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately. The date that changes are made will be noted at the top of this Agreement for reference.
If you have any questions about this Agreement, please contact us.