Terms & Conditions
PROFESSIONAL DESIGN SERVICES, INC.
DBA PROFESSIONAL HOME PLANS
TERMS OF USE
These Terms of Use ("Terms") represent an agreement between you and PROFESSIONAL DESIGN SERVICES, LLC DBA PROFESSIONAL HOME PLANS (“PHP”) and govern your use of this website and any products or services, including house 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, you acknowledge that you have read and understood, and agree to be bound by and comply with, these Terms.
BY USING THE SITE YOU (A) REPRESENT THAT YOU ARE LOCATED IN THE UNITED STATES; (B) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (C) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACCEPT THESE TERMS OF USE AND AGREE THAT THEY ARE AN AGREEMENT BETWEEN YOU AND PHP , AND (D) REPRESENT THAT YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
A. When You Use the Site
1. 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.
2. Your Account Obligations. In consideration of your use of the Sute, you shall: (a) provide true, accurate, current and complete information about yourself as prompted by the form for your account information; and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current, or PHP has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, PHP has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
3. What is prohibited. When you use the Site, you agree that you shall not:
a. 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”);
b. 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;
c. submit any personal information, including names or email addresses, pertaining to other individuals;
d. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information;
e. violate or attempt to violate the security of the Site;
f. reverse engineer or decompile any portion of the Site;
g. “scrape” information from the Site by automated means or otherwise without authorization;
h. violate any county restrictions that apply to any Plan(s); or
i. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by PHP, may harm PHP or users of the Site or, or expose PHP (and/or any affiliate or Designer) to liability.
4. Access and Interference. You agree that you shall not: (a) use any robot, spider or other automatic device, process or means to access the Site; (b) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without the prior written consent of PHP; (c) use any device, software or routine that interferes with the proper working of the Site; (d) attempt to interfere with the proper working of the Site; or (e) take any action that imposes an unreasonable or disproportionately large load on PHP’s infrastructure.
5. Privacy. Your use of the Site is subject to PHP’s privacy policy here. The provisions of our privacy policy are incorporated into these Terms. By using the Site, you acknowledge and consent to PHP’s collection, sharing and use of information as set forth in the privacy policy.
6. Accessibility. PHP is committed to making the Site’s content accessible and user-friendly. If you are having difficulty viewing or navigating the content on the Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact PHP here and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. PHP takes your feedback seriously and will consider it as PHP evaluates ways to accommodate PHP customers and overall accessibility policies of the Site. PHP does not control vendors and/or third-party digital content.
B. When You Order and/or Use Plans from the Site
1. Overview. All of PHP’s Plans were created by residential designers, draftsman, and/or Certified Professional Building Designers (each, a “Designer”). When you order Plans from PHP, in accordance with these Terms, if PHP owns the copyright in the Plans, PHP licenses rights to use these Plans directly to you as set forth below.
2. Ordering Plans. You may order some Plans by paying money. In all cases, you shall be responsible for any applicable sales or similar taxes and shipping and handling costs, if specified. All orders to PHP are final, and no refunds shall 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 Plans, you agree that PHP 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 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.
3. County Restrictions . Some Plans may have county restrictions, which means a builder or other third-party has secured the exclusive rights to build that specific Plan (“County-Restricted Plan”) in a particular county, parish, or other defined geographic area (each a “County”). If you purchase a County-Restricted Plan, the checkout process will display the County(ies) where there are restrictions with respect to the County-Restricted Plan, along with the name or the builder or other third-party who has secured the exclusive rights to build the County-Restricted Plan. The result is that you are thereby prohibited from building a County-Restricted Plan in the applicable County unless you do so through the builder or other third-party that has secured the rights to build the County-Restricted Plan. By purchasing a County-Restricted Plan, you agree to abide by the such restrictions and that you shall not build the County-Restricted Plan in any County unless you do so through the builder or other third-party that has secured the rights to build the County-Restricted Plan. Violation of this section may result in legal action and immediate termination of any services being provided to you by PHP or its affiliates, along with immediate termination of your access to the Site.
4. License. When PHP provides you with Plans you are thereby granted, subject to these Terms, 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, consistent with the One Time Use Letter (incorporated herein by reference) provided to you by PHP with the purchase of your Plan(s). In addition to any other requirements set forth in these Terms, you agree to comply with the following restrictions, requirements and conditions to which the License is subject:
a. You shall not assign, sublicense or transfer the License.
b. You shall not re-use the Plans (e.g., for building any additional home(s)), without the prior written consent of PHP, which consent shall require payment of a re-use fee and may be subject to additional conditions, as specified by PHP.
c. 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.
d. You shall 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.
e. You agree that you shall have the Plans reviewed and approved by a local professional designer or engineer before the start of any construction.
f. You agree that you shall maintain, and shall 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.
5. Customization Services. If you request that PHP customize the Plans, the following provisions apply:
a. Overview. PHP, or one of its affiliates, 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 PHP may apply to PHP’s affiliate(s). “Customized Plans” are still Plans for purposes of these Terms. As such, PHP shall retain all Intellectual Property Rights in any Customized Plans, even if the Customized Plans reflect your comments or input.
b. Scope of Work. When you request Customization Services, PHP will provide you with a proposed scope of work (“Scope”) based on your request, and a price quote. The Customization Services shall be deemed complete when PHP provides you with Customized Plans substantially consistent with the Scope.
c. Additional Services. If you request revisions to the Customized Plans after such delivery, or otherwise require any services outside of the Scope, those services shall 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 shall 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.
d. Fees. If you decide to purchase the Customization Services, you shall 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 shall likewise be deemed to have agreed to pay the fees in the amount of such subsequent price quote. In all cases, you shall be responsible for payment of any reimbursable expenses incurred in the interest of the Project, including costs, marked up by a minimum of ten percent (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 shall 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) one and one-half percent (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, PHP may withhold the release of contract documents for permit, bidding, and construction, if payment on invoices is not current.
e. Client Responsibilities. Your responsibilities in connection with the Customization Services include the following:
i. providing complete and accurate information regarding custom changes and budget requirements and all physical information about the site and/or building;
ii. rendering approvals and decisions promptly and as necessary for the orderly progress of the Customization Services and in keeping with the mutually acceptable schedule;
iii. obtaining, at your own expense, all required soil studies and land surveys;
iv. crediting PHP in publicity involving the Project design;
v. providing, if requested, a written description and/or sketch outlining the proposed changes;
vi. providing a copyright release satisfactory to PHP if you provide the plans that will be subject to the Customization Services;
vii. permitting access to the Project site at all reasonable hours and PHP shall be permitted to photograph the Project during construction and upon completion for PHP’s records and future use.
f. Suspension or Termination. Either you or PHP may terminate the Customization Services at any time on at least seven (7) days’ prior written notice. If you terminate the Customization Services, you shall not be entitled to any refund of amounts already paid. If PHP 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 determined by PHP, in PHP’s sole discretion. No refund shall be issued for the purchase of the original Plans. PHP 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 thirty (30) days, and should PHP agree to resume performance of Customization Services at whatever current pricing PHP determines is appropriate (because upon termination the customization fee shall not longer be valid for purposes of reactivation of the Project), then there shall be a re-activation fee in the minimum amount of fifteen percent (15%) of the original customization fee (along with repayment of any amount refunded to you). In the event PHP does not receive the agreed compensation when due, PHP may, without limitation of its other rights or remedies, suspend performance of the Customization Services.
6. Your Builder’s Responsibilities. You acknowledge and agree that: (i) the following items are your builder's and your responsibilities; (ii) you shall use your best efforts to cause your builder to fulfill such responsibilities; and (iii) PHP and its Designers shall have no responsibility or liability with respect to such items:
a. 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.
b. Your builder is responsible for obtaining the required permits and inspections from local governmental agencies.
c. 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.
d. 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.
e. Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product.
f. Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.
g. Your builder is responsible for assuring that all materials, equipment and components are new and of good quality.
h. 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 instructions 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.
i. You and your builder are responsible for working with the appropriate local professionals to ensure that the Plans are properly tailored to the specific Project site and conditions, together with all local building codes, ordinances, and laws.
C. Generally Applicable Terms
1. Who Owns What. PHP owns all Intellectual Property Rights inherent in or appurtenant to: the Site, including any Plans or customized versions thereof; any and all other graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Site; and the contents, design, layout, functions and appearance of the Site. Without limitation of the foregoing, the Plans are protected by United States and International Copyright Laws; and any use of the information contained therein beyond the one-time use authorized under the License, or any reproduction, publication, sale or distribution of any part of the Plans without the prior written consent of PHP, constitutes a violation of Federal Laws, and may make you subject to prosecution and the prescribed penalties to the full extent as provided thereunder. You represent and warrant to PHP that you own all Intellectual Property Rights in Your Information. By submitting Your Information, you automatically grant PHP a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to use Your Information in connection with the Site and otherwise in ways consistent with the privacy policy. As used in these Terms, “Intellectual Property Rights” means, collectively, all rights with respect to trademarks, service marks, trade dress, logos, copyrights, rights of authorship; all applications, registrations, derivative works and renewals relating to the preceding items; all database rights, moral rights, inventions, rights of inventorship, rights of publicity and privacy, trade secrets, know-how, rights under unfair competition and unfair trade practices laws; and all other worldwide intellectual and industrial property rights related thereto.
2. Submissions. Any and all communications or materials that you send for use by PHP or its advertisers or business partners, through the Site, by electronic means or otherwise, including without limitation any comments, data, materials, techniques, questions, suggestions, proposals, ideas, copyrightable subject matter or the like (collectively, “Submissions”), are and will become the property of PHP. You agree that intellectual property rights in and to your Submissions are transferred to PHP and that you give up any claim that any use of the Submissions violates your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way PHP uses such Submissions. Any Submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by PHP anywhere, in any medium, forever. Furthermore, PHP is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to PHP for any purpose whatsoever, including but not limited to developing, manufacturing and/or marketing products using such information. However, you acknowledge and agree that PHP is not obligated to use any such Submissions and that you have no right to compel such use.
3. Indemnity. You agree to indemnify and defend PHP 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 PHP or any Designers; (ii) any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors; (iii) any failure by you and/or your builder to satisfy the obligations set forth in these Terms; and/or (iv) any breach by you (or your agent(s), representative(s), and/or anyone acting on your behalf) of any of the provisions of these Terms. PHP 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.
4. 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.
5. Additional caveats, disclaimers, and requirements.
a. 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.
b. The Plans do not include any plumbing, heating or air conditioning drawings due to the wide variety of local codes and climatic conditions. PHP recommends that you have a local electrical engineer, mechanical engineer or builder provide such of these drawings as may be required for permits and construction.
c. 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 PHP’s recommendation that you have a local designer or licensed engineer review the Plans and provide a site-specific foundation design if found necessary.
d. 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.
e. PHP 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 PHP and/or the Designer.
f. Names of materials and manufacturers shown on the Plans do not represent an endorsement or recommendation by PHP 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 PHP and Designer have no control or responsibility with respect to such matters.
g. 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.
h. 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 shall consult a local building official or legal counsel with respect to such requirements.
i. Due to the large number of Plans and price options for those Plans offered by PHP, data entry and other errors inevitably may occur in the text and pricing shown on this Site. PHP 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 PHP.
j. 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.
6. Links to Third-Party Sites. The Site may contain links to other websites on the Internet. PHP is not responsible for the content, products, services or practices of any third-party website(s), including but not limited to websites linked to or from the Site, websites framed within the Site or third-party advertisements, and PHP does not make any representations regarding such third-party quality, content, or accuracy. The presence of links from the Site to any third-party website does not mean PHP approves of, endorses, or recommends such website(s). PHP disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any third-party website(s). Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
7. Social Media. The Site may contain links to third-party social media sites, such as (but not limited to) Facebook, Twitter, Instagram, or YouTube. PHP makes pages available on any such social media sites for informational purposes only, subject to the guidelines and/or disclaimers applicable to such social media sites and pages. Your use of PHP’s social media pages are subject to the guidelines and disclaimers posted by PHP on such social media sites (if any) as well as these Terms. Any such guidelines and/or disclaimers are hereby incorporated by reference into these Terms.
8. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL PHP OR ITS AFFILIATES OR ANY DESIGNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITE, INCLUDING ANY PLANS. PHP AND ITS DESIGNERS’ LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO PHP 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, YOU AGREE THAT MAXIMUM LIABILITY OF PHP (AND ITS DESIGNER(S)) FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE PLANS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
9. Changes to these terms. PHP 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 PHP 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.
10. Trademarks. The PHP and logo, and all related names, logos, product and service names, designs and slogans are service marks or trademarks of PHP. They shall not be used or displayed without PHP’s prior written consent. All other trademarks, product names and company names and logos appearing on the Site are used for identification purposes only and may be the trademarks of their respective owners.
11. Copyright Policy. All materials contained on this Site (including text, content, photographs, video, and audio) are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, broadcast, or modified in any way without the prior written consent of PHP. You may not alter or remove any trademark, copyright, or other notice from copies of this content. Notwithstanding the foregoing, you may download material from this Site (one machine-readable copy and a reasonable number of print copies per page), for your own one-time use only, provided that you do not alter or remove any copyright or other proprietary notices included in such materials. For further information, please contact PHP here.
12. 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 jdiyanni@baileycav.com or by postal mail to Bailey Cavalieri, LLC, Attention Joshua DiYanni, 10 West Broad Street, Suite 2100, Columbus, Ohio 43215.
a. Your address, telephone number, and email address;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the alleged infringing material is located;
d. 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;
e. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
f. 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.
13. Termination. PHP has the right, without limitation of PHP’s 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 PHP’s sole discretion, if you do not comply with any of the provisions of these Terms. Unless sooner terminated, the License shall terminate upon your completion or abandonment of the Project.
14. Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE PLANS, AND/OR ALL TRANSACTIONS ENTERED INTO WITH PHP OR ITS AFFILIATES.
15. Arbitration and Class Arbitration Waiver. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The number of arbitrators shall be one (1), and the place of arbitration shall be Columbus, Ohio, United States. The arbitration shall be held, and the award shall be rendered, in English.
The parties agree to arbitrate solely on an individual basis, and that this agreement between the parties does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator’s power to rule on his own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement shall remain in force.
16. Telephone Consumer Protection Act. The Telephone Consumer Protection Act generally requires businesses to obtain express consent before containing members/customers on their mobile phones. To ensure that you can receive important communication, PHP is requesting your permission to contact you on your phone. By providing your contact information, including your phone number, you are expressly granting permission to PHP and any related affiliates or third parties to contact you on the mobile phone number provided and all future mobile phone numbers that you furnish to PHP. You are not required to provide consent as a condition to utilize the Site. Your consent is applicable for the following reasons: suspected fraud or suspicious activity, data security breaches, suspected identity theft, informational, marketing, communication(s); non-marketing communication(s), notifications, and/or collection efforts. Please note that contact may be made as a direct dial call, using text messages, pre-recorded or artificial voice messages, and/or the use of an automated telephone dialing machine or auto dialer, as defined by federal regulations. By agreeing, you represent that you are the wireless subscriber or customer user with respect to the wireless number(s) provided to PHP, its affiliates, and associated third parties, and that you have the authority to provide consent. Please note that depending on your mobile service plan, message and data rates may be assessed by your mobile provider and shall be your sole responsibility. If you wish to opt-out of receiving text messages or calls, please contact PHP here or by postal mail to: PROFESSIONAL DESIGN SERVICES, LLC DBA PROFESSIONAL HOME PLANS , 620 Alum Creek Dr., Suite 308, Columbus, Ohio 43205 .
17. International Use. The Site is intended for users located within the United States. PHP makes no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
18. Miscellaneous. No joint venture, partnership, employment or agency relationship exists between you and PHP or any Designers as a result of these Terms or your use of the Site, including any Plans. The person accepting these Terms on your behalf represents and warrants that he or she has been duly authorized by you to accept and agree to these Terms. These Terms will be effective as of the date you first access the Site, as amended as set forth in these Terms. These Terms represent the entire agreement between you and PHP 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 and may be construed to the extent of their enforceability in light of the parties' mutual intent. 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 PHP 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 PHP 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. PHP may assign these Terms at its sole 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 shall be governed by the laws of the United States of America and the State of Ohio, 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 Ohio, and in Franklin County. In addition to money damages, PHP shall be entitled to seek equitable relief where appropriate if you breach 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.” All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to PHP. 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. PHP 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 PHP has on file for you. Any notice (other than a notice involving copyright infringement) from you to PHP should be sent via PHP’s contact page here, or by postal mail to: PROFESSIONAL DESIGN SERVICES, LLC DBA PROFESSIONAL HOME PLANS , 620 Alum Creek Dr., Suite 308, Columbus, Ohio 43205.
All rights not expressly granted herein are reserved by the Company.