These Terms of Service, referred to as “Terms” or “Agreement” are an agreement between you and Alabode, L.L.C., an Arizona limited liability company (“Alabode”). They govern your use of our website and the various products and services we offer, including house plan sets called “Plans” or “Plan.” When we mention the website and these products and services together, we will call it the “Site.” By using the Site, whether you are browsing or placing orders for Plans or anything else, you confirm that you have read, understood, and agreed to follow these Terms. By engaging with the Site, including purchasing a Purchased Plan, defined below, you are agreeing to these Terms and agree to be bound by this Agreement.

  

Using our website

Our website is intended for adults. You need to be at least 18 years old to order or use any Plans or engage with our Site.

When using the Site, you must comply with all governmental and judicial laws, rules, regulations, and codes (“Laws”). Additionally, the sharing or uploading of any unlawful, harmful, fraudulent, threatening, discriminatory, harassing, libelous, defamatory, vulgar, obscene, or objectionable materials, collectively referred to as “Your Information,” is strictly prohibited. This encompasses respecting the privacy and intellectual property rights of others, and the sharing of personal information, such as names or email addresses, is not allowed. Furthermore, impersonation, misrepresentation of affiliations, or the deliberate provision of inaccurate information in “Your Information” is prohibited.

 

Privacy Policy

We value your privacy. When you use the Site, our privacy policy applies. The guidelines and practices outlined in our privacy policy are a part of these Terms. By using the Site, you acknowledge and give your consent to how we collect, share, and use information as described in our privacy policy.

Ordering and Using our Plans

All Plans on the Site, including all intellectual property rights arising from or relating to the Plans, are the sole and exclusive property of Alabode. They are protected by the Federal Copyright Act and related Federal codes, as well as Federal, State, and local Laws relating to intellectual property all of which belong to and are retained by Alabode. The Plans and those intellectual property rights, even the Purchased Plan, are not being sold. Any use of the Plans and the information contained therein beyond the License to use the Purchased Plan for one Project, defined below, or any copying, sharing, or distribution of any part of any Plans except in furtherance of the Project as permitted hereunder or without prior written consent from Alabode, and any sale, assignment, or transfer of the Plans, is a breach of this Agreement and would violate applicable Law. In such case, you may be subject to prescribed penalties including statutory damages up to $150,000 plus attorney’s fees, costs, and other damages.

You can purchase the one-time License to download and use a Plan by making the applicable payment to Alabode (“Purchased Plan”) as noted on its Site. Please note that you will be responsible for any applicable sales taxes, shipping, and handling costs if applicable. Unless stated otherwise, all monetary amounts mentioned on the Site are in U.S. dollars.

Any use or modification of the Plans by buyers, builders/contractors (“builders”), or others is undertaken at their own risk. The Plans and the information within serve to indicate design intent and basic construction detailing and are to be used for design and concept only; they are not to be submitted to any jurisdiction for approval or permitting without being reviewed, and modified if necessary, by a licensed professional in that locale. Each state and local jurisdiction has its own Laws relating to plans, construction, zoning, setback, and other development matters, and the Plans may not comply with a buyer’s state or local Laws. In addition, each location has its own topography, soil condition, weather patterns, and other environmental conditions that will impact the construction of any structure, its weather-proofing, and its structural soundness. The buyer is strongly advised to have the Purchased Plan reviewed and, if necessary, modified by a local professional designer, architect, engineer, or other appropriately licensed professional (“Professional”) prior to submission for approval and prior to commencing any construction. The buyer and any builder assume responsibility for creating and implementing standard construction details, specifications, and practices appropriate to their locale to ensure the creation of a legal and structurally sound and weatherproofed final Project.

 

License

When Alabode provides you with the Purchased Plan, we grant you a single, limited, non-exclusive license to use the Purchased Plan as a preliminary design concept (referred to as the “License”) for the construction of one residence. This License is subject to these Terms. You acknowledge that all right, title, and interest, including ownership, in and to the Plans and derivatives thereof, including copyright and all other intellectual property rights, are retained by Alabode.

This License allows you to use the Purchased Plan to construct the home shown in them (referred to as the “Project”), but only once. The License also allows only you and your local Professional to make necessary, appropriate, and desired modifications and reproductions of the Purchased Plan to meet your specific needs and adhere to your state and local Laws.

To ensure compliance with the License, in addition to other requirements mentioned in these Terms, you agree to comply with the following restrictions, requirements, and conditions:

The License is non-transferable, and you are expressly prohibited from assigning, sublicensing, or transferring it. If you intend to reuse the Purchased Plan for additional homes, prior written consent from Alabode is required, involving payment of a re-use fee and potential additional conditions. Selling, redistributing, or publishing the Purchased Plan is strictly forbidden and a violation of Federal and State Laws. Sharing of the Purchased Plan is limited to relevant parties with a legitimate need to know for constructing a single home under the License, including state and local government and your Professional. While you can make necessary modifications for a single home, creating derivative works is not allowed, and any alterations receive the same copyright protection as the underlying Purchased Plan. Before construction begins, you must ensure that your local Professional reviews and approves the Purchased Plan and makes any necessary, desired, or required modifications to ensure the Purchased Plan conforms to your local Laws and environmental conditions. It is also your responsibility to ensure that you, your builder, and other contractors maintain sufficient insurance coverage to meet all obligations under these Terms and Laws in the applicable locations. In the event of your breach of this Agreement, the License shall be immediately revoked, null, void, and of no further force or effect, and you may not use and must destroy the Purchased Plan.

 

Refund Policy

Please ensure the Purchased Plan you have selected aligns with all of your requirements before making a purchase. Because all of our Plans are delivered digitally and due to the intellectual knowledge contained and shared in them, all sales are final and cannot be returned or exchanged under any circumstances.

Customization Services

Alabode is happy to customize your Purchased Plan on request (“Customization Services”). Notwithstanding the customization, Alabode will keep all intellectual property rights for any customized Purchased Plan (“Customized Plan”), even if they incorporate your input or feedback. As used herein, “Purchased Plan” shall mean and include a subsequently purchased Customized Plan. Upon request, Alabode will provide you with a proposed scope of work (“Scope”) and a price quote. The Customization Services will be considered finished once we provide you with the Customized Plan that substantially aligns with the agreed-upon Scope.

If you request changes to the Customized Plan after we have delivered it or need services beyond the agreed Scope, these will be considered “Additional Services.” Additional fees will apply, and the details will be provided in a subsequent price quote. If you choose to go ahead with the Customization Services, you are agreeing to pay the fees outlined in the initial price quote. The same goes for Additional Services – if you decide to purchase them, you are agreeing to the fees in the subsequent price quote. Payment is due at the time of purchasing initial Customization Services and, if applicable, at the time of purchasing any Additional Services, unless otherwise agreed in writing. Alabode reserves the right to withhold and not release the Customized Plan or any other documents if payment on invoices is not current, in addition to other rights and remedies under these Terms and applicable Laws. The Customization Services and Additional Services shall be subject to these Terms and shall be deemed part of this Agreement.

Your involvement in the Customization Services comes with various responsibilities. This includes furnishing comprehensive and accurate information regarding custom changes, budget requirements, and all physical details about the site and/or building. Additionally, you may be requested to provide a written description and/or sketch outlining the proposed changes. It is important to render approvals and decisions promptly, aligning with the mutually acceptable schedule to ensure the orderly progress of the Customization Services. If necessary for customization, you are responsible for obtaining, at your own expense, all required soil studies, land surveys, and other environmental and property reports and tests. In any publicity related to the Project, you agree to credit Alabode as owner and designer of the initial Purchased Plan and Customized Plan. You agree never to disparage or discredit Alabode or make otherwise defamatory or inflammatory statements.

Either party can terminate the Customization Services with a written notice of at least seven (7) days. If you terminate the services, there will not be a refund for amounts already paid and any work in progress, including an incomplete Customized Plan, will not be delivered. However, if Alabode terminates the services, you will receive a reasonable refund based on the prepaid portion not yet performed as Alabode determines. No refund applies to the original Purchased Plan. Upon any termination of this Agreement, the License shall expire and be of not further force or effect.

 

Your, Your Professional’s, and Your Builder’s Responsibilities

You agree that the following items are the responsibility of you, your Professional, and your builder and that you will do your best to ensure they are fulfilled. Alabode is not responsible or liable for these items:

1.  Your builder and Professional must comply with all then-current applicable national, state, and local Laws, including building codes and construction standards.

2.  Your builder and Professional should obtain the necessary permits, approvals, and inspections from local government agencies and jurisdictions.

3.  Prior to construction, your builder and Professional should carefully review the Purchased Plan to ensure accuracy and suitability for local conditions and should inspect the Project site and have reports, tests, studies, and surveys conducted as appropriate.

4.  Your builder and Professional should work with you to make decisions on material selection, such as masonry, lumber, roofing, etc. These choices can affect dimensions and details, and appropriate adjustments or customizations to the Purchased Plan may be needed as a result.

5.  Your builder and Professional are responsible for following standard construction and architectural and design practices to ensure a structurally sound and weatherproof final product.

6.  On the construction site, your builder is responsible for all means and methods of construction, as well as safety, including for construction workers and third parties.

7.  Your builder must ensure that all materials, equipment, and components are new and of good quality.

8.  Your builder must ensure that all manufacturers' instructions for applying, installing, connecting, and operating all manufactured articles, materials, and equipment are followed. Failure to abide by these instructions could void any manufacturers’ warranties or guarantees.

Additional Conditions of Sale

Before purchasing any Plans from Alabode, or engaging with, the Site, please read and understand the following:

1. The Plans provide a general design and construction details. It is your responsibility to seek professional assistance to ensure a structurally sound and weatherproof final product. Any use or modifications of the Purchased Plan are done at your own risk.

2.  The Plans, including a Purchased Plan, do not have an architectural or engineering signature, seal, or stamp. Plans for certain jurisdictions, like Nevada for example, may need to be redrawn by a locally registered Professional. Consult a local building official or legal counsel to determine if a review, redrawing, signature, seal, or stamp by a Professional is required in your area.

3.  Compliance with local building Laws is essential. Due to variations in geography, topography, and climate, each state, county, and municipality has its own building Laws. The Purchased Plan may require modifications to meet local requirements. Additionally, you may need permits and inspections from local authorities before, during, and after construction. Therefore, your right to use the Purchased Plan is contingent on your agreement to: (i) consult a locally licensed Professional before starting construction, and (ii) adhere strictly to all applicable Laws.

4.  The Purchased Plan provides ideas and concepts and may require adjustments. Changes in standard sizes, materials, local codes, regulations, and layout requirements may impact details.

5.  Plumbing, heating, and air conditioning drawings, and electrical calculations are not included in the Plans due to variations in local Laws and climatic conditions. We recommend consulting a local Professional or builder for the required drawings.

6.  The foundation plan in the Plans serves as a basic guide and is not site- or location-specific. We advise having a local Professional review the Purchased Plan and provide a site- specific foundation design if necessary.

7.  While Alabode does its best to ensure reliability and accuracy of its Plans, it is normal to expect some changes and adjustments to the Purchased Plan during the Project to address site or Project-specific physical, geographical, or jurisdictional conditions. Such changes are not indicative of negligence or error by Alabode.

8.  Material and manufacturer names on the Plans do not imply endorsement by Alabode. It is your responsibility, along with your builder, to make final selections and ensure proper installation of materials. The responsibility for final material selections and proper installation, including such tasks as nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing, and other related details not explicitly outlined in the Purchased Plan, rests with you and your builder. Alabode bears no control or responsibility regarding such items or details.

9.  We strive to maintain accurate information, but errors may occur in the text and pricing on the Site. Alabode reserves the right to correct such errors, and final order and pricing confirmation will be provided by Alabode. In the event an error occurs and the price has increased from what was initially published on the Site when you, your sole right and remedy shall be to elect not to purchase any Purchased Plan.

10.  Renderings of houses and photographs of built houses on the Site may include modifications not incorporated into the Plans.

 

Additional Terms and Conditions

Intellectual Property

Alabode or its licensors own the intellectual property rights associated with the Site, including Plans, graphics, photographs, and text available on the Site. The content, design, and appearance of the Site are also protected. Unauthorized use, reproduction, publication, sale, or distribution of the Purchased Plan without prior written consent from Alabode is a violation of this Agreement and applicable Laws.

 

You confirm that you own the intellectual property rights in Your Information. By submitting Your Information, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to use Your Information in connection with the Site, consistent with our privacy policy.

 

“Intellectual property rights” refers to various rights such as trademarks, copyrights, inventions, trade secrets, and other intellectual and industrial property rights worldwide.

 

Indemnity

You agree to indemnify, protect, defend, and hold harmless Alabode, its members, managers, designers, affiliates, and other licensors, as well as their officers, directors, members, managers, employees, and representatives (referred to as the “Indemnified Parties”) from any losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, incurred as a result of your own acts and omissions and the acts and omissions of your Professionals, builders, representatives, employees, consultants, advisors, agents, and contractors, including negligent and intentional acts, and including, but not limited to, the following: (i) your use, construction, modification, or misuse of the Purchased Plan (including any Customized Plan) or any materials provided by Alabode, (ii) any violation of these Terms, and (iii) the final constructed Project. Alabode retains the right to handle the exclusive defense and control of any matter subject to indemnification by you at your expense.

 

DISCLAIMER

 

BY USING THE SITE, INCLUDING ANY PLANS, YOU ACCEPT ALL RESPONSIBILITY AND ASSUME ANY ASSOCIATED RISKS. TO THE FULLEST EXTENT ALLOWED BY LAW, THE SITE AND PLANS ARE PROVIDED “AS IS” WITHOUT ANY GUARANTEES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, WORKMANSHIP, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE PLANS ARE SUITABLE FOR YOUR INTENDED USE OR COMPLY WITH ANY APPLICABLE LAWS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PLANS YOU USE ARE ACCURATE, SUITABLE FOR YOUR NEEDS, AND COMPLY WITH APPLICABLE LAWS.

 

LIMITATIONS OF LIABILITY

ALABODE, INCLUDING ANY INDEMNIFIED PARTIES, SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR PARTY, INCLUDING YOU, YOUR PROFESSIONALS, OR BUILDERS, AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE PROJECT, THE FINAL AESTHETIC APPEARANCE OR THE CONSTRUCTION, INCLUDING DEFECTS, OF ANY STRUCTURE. NEITHER PARTY OR ANY OF THE INDEMNIFIED PARTIES SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER ALABODE NOR ANY OF THE OTHER INDEMNIFIED PARTIES SHALL BE LIABLE FOR YOUR USE, DELAY IN USING, OR INABILITY TO USE THE SITE OR ANY PURCHASED PLAN, INCLUDING CUSTOMIZED PLANS. IN THE EVENT ALABODE IS FOUND LIABLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT OF ALABODE’S LIABILITY SHALL BE EITHER THE AMOUNT YOU PAID TO ALABODE FOR THE PURCHASED PLAN AND CUSTOMIZED PLAN OR $1000 IF NO PAYMENT WAS MADE. PLEASE NOTE THAT CERTAIN LIMITATIONS MAY NOT APPLY TO YOU IF YOUR STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THE LIMITATION OF LIABILITY OR WARRANTY EXCLUSION STATED ABOVE IS DEEMED INAPPLICABLE OR UNENFORCEABLE, ALABODE'S MAXIMUM LIABILITY FOR ANY DAMAGES SHALL BE LIMITED TO $1000. ANY LEGAL OR ADMINISTRATIVE ACTION AGAINST ANY PARTY MUST BE FILED WITH THE COURT OF COMPETENT JURISDICTION WITHIN ONE (1) YEAR AFTER THE PURCHASE OF THE INITIAL PURCHASED PLAN (OR FAILURE TO PAY FOR THE INITIAL PLAN) AND THE FAILURE TO FILE SUCH ACTION WITHIN THAT TIME FRAME SHALL BE DEEMED AND CONSTITUTE A WAIVER THEREOF BY THE AGGRIEVED PARTY AND RELEASE FROM LIABILITY OF THE OTHER PARTY FOR ANY CLAIMS THEREFOR.

 

Changes to these terms

Alabode has the ability to make changes to these Terms by posting updates on the Site. These updated Terms will be effective upon their publication on the Site and by continuing to use the Site, including ordering a Purchased Plan or Customized Plan, you agree to the updated Terms. If there are any new payment obligations or changes in pricing, they will be binding on you if you choose to purchase a Purchased Plan or Customized Plan. Should you find these updated Terms disagreeable and choose not to accept them, your sole right and remedy shall be to not purchase the Purchased Plan or Customized Plan and your right to access or use the Site will no longer be in effect.

 

Termination of License

 

If you fail to comply with any of the provisions of these Terms, we have the right to terminate this Agreement, the License, and/or your right to use the Site at our discretion. Otherwise, the License will terminate upon your completion or abandonment of the Project and you may not reuse the Purchase Plan again.

 

Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content; you do so at your own risk, and you should be aware these Terms are not applicable to third parties. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall release and hold us harmless from any damage incurred by your purchase of such products or services or interaction with such site. Additionally, you shall release and hold us harmless from any losses sustained by you or harm or damages caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

Miscellaneous

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, the rest of this Agreement shall nonetheless be enforceable to the fullest extent permitted by applicable Law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. No partnerships, joint venture, or employment relationship arises between you and Alabode or any of its designers due to these Terms or your use of the Site, including any Purchased Plan. The person accepting these Terms on behalf of each party ensures they have proper authorization to bind the party to this Agreement. By engaging with the Site, including, but not limited to, purchasing a Purchased Plan, you agree to be bound by this Agreement and have accepted the Terms. These Terms constitute the entire agreement between us, replacing any prior agreements. Alabode may assign this Agreement at its discretion, but you cannot assign them without consent. The Terms are binding on the parties and their successors. No waiver is effective unless in writing. The Laws of the United States and Arizona govern these Terms, and any disputes will be resolved in Pima County, Arizona, and you consent to this jurisdiction. In the event of a dispute between us, such dispute shall be resolved first through mediation and if that is unsuccessful then through binding, non-appealable arbitration in Tucson, Arizona with an arbitrator we both agree on and if we are unable to agree, the arbitrator shall be chosen by the presiding judge of Pima County, Arizona. In the event of a breach of this Agreement, Alabode can seek equitable relief without posting of bond or proof of damages. The headings in these Terms are for convenience only and shall not be used to interpret or define the provisions hereof. References to “we” mean Alabode, and “you” refers to you individually or the organization you represent.