Terms and Conditions
BarndominiumPlans.com House Plan Terms and Conditions
1. Introduction
Welcome to BarndominiumPlans.com (the “Website”). Please review these Terms and Conditions (the “Terms”) as they represent an agreement between you and BarndominiumPlans.com (“Barndominium Plans,” the “Company,” “us,” or “we”) and govern your use of our Website and the purchase and/or licensing of any Company or Website-related products and services. By visiting our Website, and/or purchasing or licensing any Company or Website-related products and services, including, without limitation, house plans (the “Plans”), you agree to be legally bound by these Terms. It is your responsibility to read these Terms before using this Website. If you do not agree to the Terms, then you are prohibited from accessing or using the Website and/or purchasing and/or licensing any Company or Website-related products and services. The Company retains the right to modify these Terms from time to time as required without prior notice to you. As a result, you should review them each time you visit the Website, and/or purchase or license any Company or Website-related products and services. Your continued use of this Website after a change in these Terms will constitute your acceptance of and agreement to such changes.
If you have any questions regarding these Terms and Conditions, please send an email to admin@barndominiumplans.com.
2. Overview
When you order Plans from the Company, you agree to the following, in accordance with these Terms: (i) in the event that the Company owns any intellectual property rights in the Plans, the Company licenses the intellectual property rights to use the Plans directly to you in accordance with these Terms; (ii) in the event that the Company has licensed the rights to use the Plans from a third-party designer, the Company sublicenses the rights to you to use the Plans in accordance with these Terms.
For all sale of Plans, you will be responsible for any and all applicable sales or similar taxes and shipping and handling costs, if specified. All orders to the Website are final, and no refunds will be granted for any reason. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Unless otherwise stated, all monetary amounts referenced on the Website refer to United States Dollars.
3. Before You Make a Purchase on the Website
You acknowledge and agree that there is important information to consider prior to licensing or purchasing any Company or Website-related products or services, including, without limitation, Plans. Pursuant to these Terms, you represent that you have familiarized yourself with the process of licensing or purchasing the types of products and services available on the Website, including, without limitation, by consulting your local building department, builder, architect, engineer or other construction professional associated with the Plans. You further acknowledge that the Plans are not specifically designed to conform with the governing laws, statutes, regulations, rules, ordinances, or building codes of any specific jurisdiction. Modifications to the Plans and/or additional compliance requirements may be required by your local officials so that the plans meet the local code and regulations as adopted in the location where and at the time you plan to build.
4. Making Purchases on the Website
If you wish to purchase of or license Company or Website-related products or services, including Plans, you may be asked by the Company to supply certain information, including, but not limited to, personal contact details and credit card or other payment information. You understand that any such information will be treated by the Company in the manner described in its Privacy Policy.
You warrant and represent that all such information provided by you in connection with any such license or purchase on the Website will be accurate, complete and current. You further agree to pay all charges incurred by users of your account and credit card or other payment mechanisms at the prices in effect at the time such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
Barndominium Plans will include modifications to existing plans at a specific rate agreed to by the client and Barndominium Plans. Minor Modifications are defined as up to 3 changes that do not change the overall dimensions of the building or room sizes. Major Modifications are defined as either more than 3 changes or any change that modifies room sizes or the dimensions of the overall building.
Modifications that are communicated to Barndominium Plans AFTER the purchase are not included in the original purchase and Barndominium Plans holds sole discretion to charge an additional fee to accommodate client modifications.
Returns and Refunds
All orders on the Website are final. No refunds or exchanges will be granted for any reason. Please double check your selection before ordering. All Plans sold on the Website are provided “as is”. Without limiting the foregoing, you agree that, prior to use of any Plans sold by the Company on the Website, it is your responsibility to ensure that such Plans are accurate, suitable for your purposes and compliant with all applicable federal, state, and local laws, including, without limitation, any statutes, ordinances, building code, rules or regulations in your specific location (“Applicable Laws”).
5. License
Upon your purchase of Plans from the Company on the Website, you are hereby granted, subject to these Terms, a limited, non-exclusive license (“License”) to use the Plans to build the barndominium or structure depicted in the Plans (the “Project”). Unless otherwise explicitly stated in your purchase confirmation, your License grants you the right to use the Plans to build the barndominium or structure depicted in the Plans one time and one time only. Under the terms of your License, you are permitted 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 Applicable Laws in completing the construction of your barndominium or structure. Unless sooner terminated, the License shall terminate upon your completion or abandonment of the Project. In conjunction with any other requirements or conditions set forth in these Terms, you hereby agree and acknowledge, without limitation, to comply with the following restrictions, requirements, and conditions to which the License is subject:
(i) you are prohibited from assigning, sublicensing or transferring the License in any manner without the express written consent of the Company;
(ii) you are prohibited from creating derivative works based on the Plans, other than such modifications as may be required for your own use in building a single barndominium or structure in strict accordance with these Terms and Applicable Laws;
(iii) you are prohibited from reusing the Plans to build any additional barndominiums or structures beyond the terms specified in the License (the default being one single barndominium or structure) without the prior written consent of the Company, consent for which will require payment of a reuse fee and may be subject to supplemental or additional terms and conditions, at the discretion of the Company;
(iv) you shall neither directly nor indirectly 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 barndominium or structure subject to the License;
(v) you acknowledge and agree that you will have the Plans reviewed and approved by a local professional designer or engineer before the start of any construction, and failure to do so will not render the Company liable to you in any manner whatsoever; and
(vi) you acknowledge and agree that you will maintain, and will cause your builder and other contractors involved in the construction of your barndominium or structure to maintain sufficient liability and other insurance coverages with insurance companies licensed in your specific location, as required to sufficiently cover all of your obligations under these Terms and all Applicable Laws.
6. Responsibilities Assumed by You and Your Builder
By purchasing any Plans on the Website, you acknowledge and agree without limitation that: (i) the following items are the responsibility of you and/or your builder, and not the Website or the Company; (ii) you will undertake and use your best efforts to cause your builder to fulfill such responsibilities; and (iii) the Company shall have no responsibility or liability with respect to such items:
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Your builder is responsible for assuring that all work is in accordance with the latest edition of all construction industry standards and Applicable Laws;
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Either you or your builder are responsible for obtaining all legally-required permits and inspections from local governmental agencies under Applicable Laws;
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Either you or your builder are responsible for checking the Plans prior to construction to verify all dimensions and details for overall accuracy appropriate to location in which you plan to construct your barndominium or structure;
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Either you or your builder are responsible for verifying all lot conditions and measurements before construction. Because Applicable Laws and even methods of construction vary across the nation and internationally, certain alternative planning may be necessary to adapt the plan to your area;
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Your builder is responsible for working with you on decisions for the final selection of materials, including, without limitation, structural members, lumber, construction panels, floor joists, masonry, roofing, etc., all of which can cause variations in dimension and details;
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Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product;
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Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties;
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Your builder is responsible for assuring that all materials, equipment, and components are new and of good and workmanlike quality;
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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; and
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Your builder is responsible for following all instructions to sustain and preserve all expressed or implied warranties and guarantees in connection with the use of all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. It is the responsibility of the builder to assure that all materials, equipment, and components are new and of good and workmanlike quality.
7. Intellectual Property Rights
The Company and/or other licensors own all Intellectual Property Rights, without limitation, in the following: (i) the Website, including any Plans; and (ii) any and all other visual graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Website, which includes the contents, design, layout, functions and appearance of the Website.
Without limitation of the foregoing, the Company’s Plans are protected by U.S. and international intellectual property laws. Any use of the information contained therein beyond the one-time use authorized under the License and these Terms, or any reproduction, publication, marketing, distribution or sale of any part of the Plans, without the prior written consent of the Company, constitutes a violation of U.S. and international copyright laws, which may render you liable to the Company to the full extent as provided under applicable U.S. or international copyright laws.
Ownership of Modifications and Custom Work
This section governs any and all modifications, customizations, revisions, alterations, adaptations, or derivative works of the Plans that are created, prepared, drawn, drafted, or produced by the Company (or by any designer, contractor, or agent engaged by the Company) at the request of, on behalf of, or in consultation with a customer, whether classified as Minor Modifications, Major Modifications, or any other custom work (collectively, the “Custom Work”).
1. Company Ownership. You acknowledge and agree that all right, title, and interest in and to the Custom Work — including, without limitation, all copyrights, design rights, trademarks, trade secrets, moral rights, and all other intellectual property rights of any kind, whether now known or hereafter devised, in all jurisdictions worldwide (collectively, “Intellectual Property Rights”) — are and shall be the sole and exclusive property of the Company. The Custom Work shall be deemed part of the Company’s Plans and portfolio for all purposes under these Terms.
2. Not a Work Made for Hire; Assignment. The parties do not intend the Custom Work to be a “work made for hire” for you within the meaning of the U.S. Copyright Act or any comparable law of any jurisdiction. To the extent that any Custom Work, or any portion thereof, is nonetheless deemed to be a work made for hire for you, or to the extent you are otherwise deemed to own or hold any Intellectual Property Rights in the Custom Work by operation of law or otherwise, you hereby irrevocably and unconditionally assign, transfer, and convey to the Company, in perpetuity and throughout the universe, all of your right, title, and interest in and to the Custom Work and all Intellectual Property Rights therein, free and clear of any claims, liens, or encumbrances, without any further consideration. You agree to execute any further documents and take any further actions reasonably requested by the Company to perfect, record, or evidence the Company’s ownership of the Custom Work, and you hereby appoint the Company as your attorney-in-fact, coupled with an interest, to execute any such documents on your behalf if you fail to do so within ten (10) days of the Company’s request.
3. Customer Inputs. You further acknowledge and agree that any ideas, concepts, sketches, drawings, photographs, descriptions, specifications, requirements, preferences, feedback, suggestions, revisions, comments, measurements, lot information, inspiration materials, or other content or information that you submit, provide, communicate, or otherwise make available to the Company in connection with the Custom Work (collectively, the “Customer Inputs”) are provided on a non-confidential basis. You hereby irrevocably and unconditionally assign, transfer, and convey to the Company all right, title, and interest in and to the Customer Inputs and all Intellectual Property Rights therein. To the extent any such assignment is not fully effective for any reason, you hereby grant to the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), non-exclusive license to use, reproduce, modify, adapt, create derivative works from, publish, distribute, display, perform, sell, license, and otherwise exploit the Customer Inputs in any and all media and formats, now known or hereafter devised, for any purpose whatsoever. You represent and warrant that you have all rights necessary to make the foregoing assignment and grant, and that the Customer Inputs do not and will not infringe, misappropriate, or violate the rights of any third party.
4. Customer’s License in the Custom Work. Upon payment in full for the Custom Work, you are granted the same limited, non-exclusive, non-transferable License described in Section 5 (License) of these Terms with respect to the Custom Work — namely, the right to use the Custom Work to build a single barndominium or structure one time and one time only, subject to all of the same restrictions, requirements, and conditions set forth in these Terms. For the avoidance of doubt, you receive no ownership interest in the Custom Work, and you are prohibited from reselling, redistributing, republishing, relicensing, sublicensing, or creating additional derivative works from the Custom Work except as expressly permitted under the License.
5. Company’s Reserved Rights. Without limitation of the foregoing, the Company expressly reserves the unrestricted right, in its sole and absolute discretion, to (i) reuse, resell, relicense, modify, publish, market, distribute, and otherwise commercially exploit the Custom Work, in whole or in part, as a stock plan, product, portfolio item, or component of any other Company plan or offering; (ii) incorporate any elements, features, designs, layouts, dimensions, or other aspects of the Custom Work into any other Plans or products of the Company; and (iii) use the Custom Work in any advertising, marketing, promotional, or portfolio materials of the Company. The Company is under no obligation to pay you any royalty, commission, fee, or other consideration in connection with any such use.
6. No Exclusivity. You acknowledge and agree that the Custom Work is not exclusive to you, that other customers may request or receive plans that are identical or substantially similar to the Custom Work, and that the Company has no obligation to refrain from creating, selling, or licensing plans that are identical or substantially similar to the Custom Work for any other customer or for the Company’s own portfolio.
7. Waiver of Moral Rights. To the fullest extent permitted by applicable law, you hereby irrevocably waive, and agree not to assert, any and all moral rights, rights of attribution, rights of integrity, and any similar rights you may have in the Custom Work or the Customer Inputs, whether arising under the U.S. Copyright Act, the Visual Artists Rights Act, or any comparable law of any jurisdiction worldwide.
8. Survival. The provisions of this Section shall survive the expiration, termination, completion, or abandonment of the License, the Project, or these Terms for any reason.
8. Indemnification
Pursuant to these Terms, you agree to indemnify and defend the Company and its affiliates, and their respective Designers or other licensors, and the officers, directors, owners, agents, representatives, contractors, employees and assigns of the Company (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, sustained or incurred by any of the Indemnified Parties in connection with (i) any breach by you of any of the provisions of these Terms, including the License, (ii) your activities in connection with the Website or Plans, including, without limitation, your use, misuse, reuse, construction, conversion, modification or misinterpretation of the Plans, (iii) any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors, and/or (iv) any content uploaded, posted, or otherwise transmitted by you on or through the Website or that you otherwise provide to the Indemnified Parties in connection with the purchase or prospective purchase of Plans on the Website, which includes, but is not limited, to, any floor plans or specifications of any type that may be used by the Company to design the Plans. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9. Disclaimer
YOU HEREBY ACKNOWLEDGE AND ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SERVICES, FUNCTIONS, MATERIALS, INFORMATION, AND PRODUCTS, INCLUDING ANY LICENSED OR PURCHASED PLANS. ALL LICENSED OR PURCHASED PLANS ON THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY ALONE, AND NOT THE RESPONSIBILITY OF THE WEBSITE OR COMPANY, TO ENSURE, PRIOR TO THE USE OF ANY PLANS, BY YOU OR YOUR BUILDER, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR YOUR SPECIFIC PURPOSES AND COMPLIANT WITH ALL LOCAL BUILDING CODES AND APPLICABLE LAWS AND REGULATIONS. THE COMPANY ASSUMES NO LIABILITY WHATSOEVER FOR ERRORS OR OMISSIONS IN THESE DOCUMENTS AND RESERVES THE RIGHT MAKE CHANGES AT ANY TIME. THE COMPANY IS NOT LIABLE FOR PLAN INTERPRETATION, OR THE STRUCTURAL INTEGRITY OF BARNDOMINIUMS OR ANY STRUCTURES BUILT FROM PLANS PURCHASED ON THE WEBSITE.
10. Additional Caveats, Disclaimers, and Requirements
When you purchase a Plan on the Website, you assume full and total responsibility to assure that your barndominium or other structure meets or exceeds local building codes and applicable laws and regulations. The Company is not liable for plan interpretation, or the structural integrity of barndominiums or other buildings built from the Plans purchased through the Website and the Company. The Plans are intended to indicate design and basic construction detailing. It is your full and total responsibility to ensure that all proper and legally-required professional assistance is obtained to ensure standard construction details and practices. This includes, without limitation, that you obtain any and all structural analysis, engineering and specifications that may be required in the municipality or applicable governing authority in which your barndominium or other structure is to be built.
You further acknowledge that you will verify all lot conditions and measurements prior to construction. Any foundation plan and associated details represented within the Plans are intended only to serve as a basic guide for a typical foundation. Because local codes and regulations and even methods of construction vary across the U.S., certain alternative planning may be necessary to adapt the Plan for your locale and/or specific lot.
Some municipalities may require you to submit a plan review by a licensed architect or structural engineer in your area. The Plans do not have an architectural or engineering stamp, seal or signature. You acknowledge and accept responsibility for additional expenses that may be incurred in relation to your compliance with all local building codes, and applicable laws and regulations.
The Company engages designers that it believes to be reliable. However, you should anticipate that, in normal circumstances, some changes and adjustments in the Project will be required in order to correct possible errors and omissions in the Plans. Such changes are not indicative of, and should not be construed as, negligence on the part of the Company and/or designer.
11. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR PURCHASE OR USE OF ANY PLANS. IN THE EVENT ANY LIABILITY IS IMPOSED ON THE COMPANY FOR DIRECT DAMAGES, THE COMPANY’S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY. 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, THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY.
12. Termination
The Company has the right, without limitation to the Company’s other rights and remedies at law, in equity or otherwise contained in these Terms, to terminate these Terms, the License and/or your right to use the Site, at our discretion, if you do not comply with any of the provisions of these Terms. Unless sooner terminated, the License shall terminate upon your completion or abandonment of the Project.
13. Disputes, Governing Law, and Jurisdiction
The relationship between you and the Company and/or the Website, in accordance with these Terms, shall be governed by the laws of the State of Texas, United States of America, without regard to conflict of laws rules. You hereby agree and acknowledge that any cause of action that may arise between you and the Company and/or the Website, or any cause of action that may arise under these Terms, shall be commenced and be heard exclusively in the appropriate state or federal court located in Travis County, Texas (Austin, Texas), United States of America. In addition to money damages, the Company shall be entitled to seek equitable relief where appropriate if you breach any of these Terms. You agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas, and waive any jurisdictional, venue or inconvenient forum objections to such courts. PURSUANT TO THESE TERMS, YOU IRREVOCABLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE TRANSACTIONS RELATED TO ITS SUBJECT MATTER. In any action to enforce these Terms, the prevailing party will be entitled to costs and reasonable attorney’s fees.
14. Force Majeure
The Company will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental orders, laws, or actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
15. Limitations Period
Any claim, cause of action, or proceeding arising out of or relating to these Terms, the Website, the Plans, or any Company or Website-related products or services must be commenced within one (1) year after the claim or cause of action first accrued. Any claim, cause of action, or proceeding not commenced within such one-year period is permanently barred. This provision applies to the maximum extent permitted by applicable law; where applicable law does not permit a contractual limitations period of one (1) year, the shortest period permitted by applicable law shall apply.
16. DMCA Notice and Takedown; Copyright Policy
The Company respects the intellectual property rights of others and expects users of the Website to do the same. In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”), the Company will respond expeditiously to claims of copyright infringement that are committed using the Website and that are reported to the Company’s Designated Copyright Agent identified below.
Submitting a Notice of Infringement
If you are a copyright owner, or are authorized to act on behalf of one, and you believe that any content on the Website infringes your copyright, please submit a written notice of claimed infringement to the Company’s Designated Copyright Agent that includes substantially the following information required by 17 U.S.C. § 512(c)(3):
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material (such as a URL);
(iv) contact information for the complaining party, including name, mailing address, telephone number, and email address;
(v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Copyright Agent
Attn: Copyright Agent, Barndominium Plans
Email: barndominiumhouseplans@gmail.com
Mailing Address: [Insert street address, city, state, ZIP]
The Company has designated the above agent with the United States Copyright Office pursuant to 17 U.S.C. § 512(c)(2). Notices that do not substantially comply with all of the requirements of 17 U.S.C. § 512(c)(3) may not be effective.
Counter-Notification
If material you posted or uploaded to the Website has been removed or disabled in response to a DMCA notice, and you believe the removal or disabling was the result of mistake or misidentification, you may submit a counter-notification to the Designated Copyright Agent containing the information required by 17 U.S.C. § 512(g)(3). Be advised that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability.
Repeat Infringer Policy
The Company will, in appropriate circumstances and in its sole discretion, disable and/or terminate the accounts of users of the Website who are determined to be repeat infringers of copyright or other intellectual property rights.
17. Data Privacy and Your Rights
Your use of the Website and any personal information you provide to the Company are subject to the Company’s Privacy Policy, available at https://barndominiumplans.com/policies/privacy-policy, which is incorporated into these Terms by reference.
Depending on your location and subject to applicable eligibility requirements, you may have specific rights regarding your personal information under data protection laws, including, without limitation, the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA/CPRA”); the Virginia Consumer Data Protection Act (“VCDPA”); the Colorado Privacy Act (“CPA”); the Connecticut Data Privacy Act (“CTDPA”); the Utah Consumer Privacy Act (“UCPA”); and, where applicable, the European Union General Data Protection Regulation (“GDPR”) and the United Kingdom General Data Protection Regulation (“UK GDPR”). These rights may include, where applicable, the right to know or access the personal information the Company holds about you, the right to request correction of inaccurate personal information, the right to request deletion of personal information, the right to data portability, the right to opt out of the sale or sharing of personal information and of targeted advertising, and the right to limit the use of sensitive personal information. You will not be discriminated against for exercising any such rights.
To exercise any such rights, please contact the Company at barndominiumhouseplans@gmail.com or follow the instructions set forth in the Privacy Policy. The Company may need to verify your identity before responding to certain requests.
The Company does not knowingly collect personal information from children under the age of 13 (or under the age of 16 in the European Economic Area and the United Kingdom). If you believe the Company has inadvertently collected such information, please contact the Company and it will take reasonable steps to delete it.
18. Website Accessibility
The Company is committed to making the Website accessible to all visitors and customers, including individuals with disabilities, and endeavors to conform the Website to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as a reference standard. Accessibility is an ongoing effort and the Company welcomes feedback on ways to improve.
If you have difficulty accessing, navigating, or using any content on the Website, encounter a barrier that prevents you from completing a transaction, or would like the content of the Website in an alternative format or through an alternative communication method, please contact the Company at barndominiumhouseplans@gmail.com. The Company will make reasonable efforts to provide the information, item, or transaction you seek through a communication method that is accessible to you.
19. Miscellaneous
If you are manifesting your acceptance to these Terms on behalf of a distinct legal entity, including, without limitation, any corporation, limited liability company, partnership, limited partnership, limited liability partnership, or non-profit entity, you represent and warrant that you have been duly authorized by that distinct legal entity to accept the Terms and thereby cause it to be bound to these terms. In the event that any provision of these Terms is determined by a court of competent jurisdiction to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable laws, and such a determination by a court of competent jurisdiction shall in no way affect the validity and enforceability of any other remaining provisions. The Company’s failure to or delay in exercising or enforcing any right or provision of these Terms shall in no way constitute a waiver of such rights or provisions. These Terms represent the entire agreement between you and the Company with respect to the subject matter contained in these Terms, including, without limitation, your access to the Website and/or purchase of any Plans, and supersedes any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the subject matter discussed herein. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms or your use of the Site, including the purchase or grant of license in any Plans.
All references in these 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 the Company. 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. All headings, captions, or titles contained in these Terms are inserted only as a matter of convenience and in no way define or explain any paragraph or provision in these Terms. Furthermore, these Terms shall be binding upon and inure to the benefit of your successors and assigns.
Barndominium Plans SMS Alerts
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You can cancel the SMS service at any time. Just text STOP to the short code. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by filling out the form below.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 2–4 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: https://barndominiumplans.com/policies/privacy-policy
