Terms of service

BARNDOMINIUM PLANS — TERMS OF SERVICE 

Updated: 9/25/26

TABLE OF CONTENTS


1. Introduction. 

2. Eligibility

3. Communications Consent

4. Permitted Use and Prohibited Conduct

5. Purchases

6. Responsibilities Assumed by You and Your Builder

7. Intellectual Property Rights and Ownership

8. User Contributions

9. Linked Material

10. Disclaimers

11. Limitation of Liability

12. Indemnification

13. Dispute Resolution - Binding Arbitration and Class Action Waiver

14. Governing Law and Venue

15. Additional Terms

16. Contact


1. Introduction. PLEASE READ THESE TERMS OF SERVICE (THE "TERMS") CAREFULLY before using our Site or submitting any information through it. These Terms are a binding agreement between you and “Barndominium Plans“ through www.BarndominiumPlans.com (collectively, "Barndominium Plans," "we," "us," or "our") and apply to and govern your access to and use of “www.BarndominiumPlans.com” and any other website, mobile website, social media site, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, that are owned, operated, or provided by Barndominium Plans (collectively, the "Site"). By visiting or otherwise using the Site in any manner, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to the terms of our Privacy Policy, which is incorporated herein by reference. If for any reason you do not accept and agree to these Terms or the Privacy Policy, accessing the Site is strictly prohibited and you must immediately exit.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SITE, ARE LEGALLY BINDING, LIMIT BARNDOMINIUM PLANS' LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY BARNDOMINIUM PLANS AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION (SECTION 13), INCLUDING A CLASS ACTION WAIVER (SECTION 13). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS, DO NOT USE THE SITE.

We reserve the right to change these Terms at any time in our sole discretion. Any nonmaterial changes will be effective upon posting, and you agree to the new posted Terms by continuing your use of the Site. Material changes will be effective thirty (30) days after we provide notice by posting the revised Terms and by email to the address you provided, if provided, except changes relating to new features or required by law, which are effective immediately. It is your responsibility to check periodically for changes. 

These Terms are written in the English language; to the extent any translated versions conflict with the English language version, the English language version shall control.

2. Eligibility. The Site is intended for U.S. residents. By using the Site, you represent and agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Site is not targeted for use by children under the age of 18. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), OR HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE NOT AUTHORIZED TO USE THE SITE, TO SUBMIT ANY INFORMATION THROUGH IT, OR TO AGREE TO THESE TERMS, AND YOUR USE OF THE SITE IS STRICTLY PROHIBITED. 

3. Communications Consent. 

(a) Calls and messages: By providing your mobile number to us, you agree to be contacted by or on behalf of Barndominium Plans at the number you have provided, including via phone call or text message, to receive marketing and promotional communications from Barndominium Plans regarding informational updates, market insights, and industry news. You recognize and acknowledge that text messaging is an inherently less secure method of communication and agree to receive text messages regardless of the level of security associated with them. Message and data rates may apply. You may revoke consent at any time by any reasonable means, including replying STOP. 

(b) Email: By providing your email address and opting in, you consent to receive marketing and promotional emails from Barndominium Plans regarding informational updates, market insights, and industry news, which may be sent using automated email systems or third-party email service providers on Barndominium Plans’s behalf. You recognize and acknowledge that email is an inherently less secure method of communication and agree to receive emails regardless of the level of security associated with them.

You may unsubscribe from marketing emails at any time by clicking the “unsubscribe” link contained in any marketing email you receive from us, or by sending an email to the contact information below requesting to unsubscribe from marketing emails. Please allow a reasonable period of time for Barndominium Plans to process your unsubscribe request. 

(c) SMS/MMS MOBILE MESSAGING MARKETING PROGRAM. Barndominium Plans offers a mobile messaging program (the “Program”), where, if you opt-in to the Program, you agree to these Terms and to receive marketing text messages from us and through our third party service provider. The Program is optional and not a condition of purchase. The Program allows users to receive SMS/MMS mobile messages by voluntarily and affirmatively opting into the Program, such as through online or application-based enrollment forms. The messages we send to you include marketing messages, and may also include cart abandon messages, as well as messages allowing you to make purchases using previously-saved account information. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Messaging frequency may vary. 

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. 

Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receiving contact via the Program is not required to make any purchase from Barndominium Plans. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Barndominium Plans’s mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. 

Data obtained from you in connection with the Program may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy  to contact you and to provide the services you request from us. 

SMS/MMS MOBILE MESSAGING OPT-OUT: If you do not wish to continue participating in the Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Barndominium Plans or send an email admin@BarndominiumPlans.com to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. 

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. For support regarding the Program, text “HELP” to the number you received messages from or email us at the contact information below. Opt outs should be submitted in accordance with the procedures set forth above. 

 The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Barndominium Plans and the carriers are not liable for delayed or undelivered mobile messages. 

We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and any applicable state telemarketing statutes, regulations, and implementing rules, including state telemarketing and do-not-call laws. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, at the time of opt-in to the Messaging Program, (1) your shipping address, as provided, is located in that state or (2) the area code for the phone number used to opt-into the Messaging Program is an area code for that state. You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call,” “commercial telephone solicitation phone call,” “telephone solicitation,” or any similar or equivalent term as defined under the TCPA or any applicable state telemarketing statute, regulation, or implementing rule, or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.

MMS DISCLOSURE: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. 

4. Permitted Use and Prohibited Conduct. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

  • To impersonate or attempt to impersonate Barndominium Plans, a Barndominium Plans employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

  • To submit any information that is untruthful, inaccurate, or misleading; or

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Barndominium Plans or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;

  • Use or cause the use of the Site or its Content to train artificial intelligence, including large language models, through any means including data scraping;

  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent;

  • Use any device, software, or routine that interferes with the proper working of the Site;

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

  • Otherwise attempt to interfere with the proper working of the Site.

We reserve the right to determine whether or not your use of the Site is acceptable and to immediately revoke or block your access to the Site at our sole discretion.

5. Purchases. The Site offers for purchase architectural drawings, specifications, and associated documents providing designs and instructions for constructing a barndominium house or other structure (“Plans”).

When you order or otherwise purchase Plans from Barndominium Plans, you agree, in accordance with these Terms, that: 

(i) if Barndominium Plans owns the intellectual property rights in the Plans, Barndominium Plans licenses those rights directly to you in accordance with the section “Intellectual Property Rights and Ownership” in these terms; and 

(ii) if Barndominium Plans has licensed the rights to use the Plans from a third-party designer, Barndominium Plans sublicenses those rights to you in accordance with the section “Intellectual Property Rights and Ownership” in these terms. 

Before you make a purchase, you acknowledge and agree that there is important information to consider prior to licensing or purchasing any Barndominium Plans or Site-related products or services, including, without limitation, Plans. You represent that you have familiarized yourself with the process of licensing or purchasing the types of products and services available on the Site, 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 you, your agents, or your local officials so that the Plans meet the local codes and regulations as adopted in the location where and at the time you plan to build. It is your responsibility to ascertain and obey all Applicable Laws in regard to the use of any Plans or other item purchased from the Site, including, without limitation, any building codes, permitting requirements, and professional review or engineering requirements in the location where you intend to build. By placing an order, you represent that the Plans and other products ordered will be used only in a lawful manner and in accordance with the License.

The inclusion of any Plans, products, or services on the Site at a particular time does not imply or warrant that these Plans, products, or services will be available at any other time. Barndominium Plans cannot confirm the price or availability of a Plan or other product until after your order is placed. Pricing or availability errors may occur on the Site. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell or license a Plan or other product. Barndominium Plans reserves the right to cancel any orders containing pricing, typographical, or availability errors, with no further obligations to you, even after your receipt of an order confirmation, download link, or shipping notice from Barndominium Plans. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

All Content, including Plan specifications, descriptions, renderings, products, and prices of products, on the Site is subject to change at any time without notice. Certain measurements, square footage figures, dimensions, and descriptions are approximate and are provided only for your convenience. Barndominium Plans makes all reasonable efforts to accurately display the attributes of the Plans and other products offered through the Site, including renderings and images. The Plans offered through the Site are prepared by different designers and draftspeople, and the details included in a particular set of Plans may vary. The specific details of what is included with a set of Plans are described in the applicable product description on the Site. The actual appearance of any renderings or images you see, however, may depend on your computer system or device, and we cannot guarantee that your device will accurately display them.

We reserve the right, but are not obligated, to limit the sales of our Plans and other products to any person, geographic region, or jurisdiction, and we may exercise this right on a case-by-case basis. We also reserve the right to refuse or cancel an order for any reason, including inaccuracies or errors in Plan, product, or pricing information, or problems identified by our fraud prevention review. We may further limit, including without prior notice, the quantity of items purchased per person, per household, or per order for any reason, and we will attempt to notify you should such limits be applied. We may also refuse service to any customer. Barndominium Plans reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” means purchasing or intending to purchase any Plans or other product from Barndominium Plans for the purpose of engaging in a commercial sale, license, or distribution of the same to a third party. Plans are licensed to you solely for your own use in constructing a single barndominium house or structure under the License described in Section 7 (Intellectual Property Rights and Ownership) and may not be resold, redistributed, or republished. We also may require verification of information prior to the acceptance, delivery, or shipment of any order.

Barndominium Plans will include modifications to existing Plans at a specific rate agreed to by you and Barndominium Plans. Minor Modifications are defined as up to three (3) changes that do not change the overall dimensions of the building or room sizes. Major Modifications are defined as either more than three (3) changes or any change that modifies room sizes or the dimensions of the overall building. Modifications 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 your modifications.

CAD/DWG and other editable files are covered by the same License as the Plans and may be shared only with professionals working on your single licensed project. Material lists and quantity estimates are approximations for budgeting only; you and your builder must verify all quantities and pricing before ordering materials.

Promotional codes, discounts, and offers (“Promotions”) are limited in nature and may expire or be discontinued with or without notice. Promotions are void where prohibited by law. Promotions may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any Promotions. Other Promotions, including sweepstakes, contests, raffles, surveys, or games, may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules. If the specific rules for a Promotion conflict with these Terms, the Promotion rules will govern.

We do not warrant that the quality of any Plans, products, services, information, or other material purchased or obtained by you will meet your expectations. Unless otherwise stated, all prices on the Site are displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Plans or other products ordered at the prices in effect at the time of your order, as well as all shipping and handling charges (if you select a printed and shipped option) and any applicable sales or similar taxes and currency conversion fees. For all sales of Plans, you will be responsible for any and all applicable sales or similar taxes and shipping and handling costs, if specified.

If you wish to purchase or license Barndominium Plans or Site-related products or services, including Plans, you may be asked to supply certain information, including, but not limited to, personal contact details and credit card or other payment information, which will be treated in the manner described in our Privacy Policy. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us, and that all billing and other information you provide in connection with any license or purchase on the Site is current, complete, truthful, and accurate. You agree to pay all charges incurred by users of your account and payment mechanisms at the prices in effect at the time such charges are incurred, together with any applicable taxes relating to your purchases. You agree to promptly update your account and other information, including your email address (to which your digital Plans will be delivered) and your payment information, so that we can complete your transactions, deliver your order, and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order or account.

If your order is canceled by Barndominium Plans after your credit card (or other payment account) has been charged, we will issue a refund to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We are not responsible for any fees or charges that your bank or card issuer may apply.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Refunds. ALL SALES ARE FINAL. Due to the digital nature of the Plans, all Plan purchases are 100% final. We do not offer refunds, exchanges, or cancellations after an order has been placed. This policy protects the intellectual property of Barndominium Plans and of the designers whose Plans are offered through the Site. This policy applies equally to Plans that are printed and shipped, to Minor Modifications, Major Modifications, and other custom work to the Plans, and applies regardless of whether you ultimately proceed with construction. All Plans sold on the Site are provided “as is.” Please review our policy carefully and double-check your selection before ordering. Before you buy, we encourage you to: (i) review the Plan details carefully, including dimensions, layout, and included features; (ii) check with your builder and local building department to confirm that the Plan meets the building codes and regulations in the location where you intend to build; and (iii) ask questions. We are happy to help with any concerns before you buy. Our team is available Monday through Friday, 9 AM to 5 PM Central Time, to assist you with any pre-purchase questions, and you may email us at any time at admin@BarndominiumPlans.com. If Barndominium Plans cancels your order as described above, any refund will be issued for the amount you paid to the form of payment used for the purchase. Nothing in this Section limits any right or remedy that cannot be limited under applicable law.

Shipping. Barndominium Plans strives to provide fast, hassle-free delivery of your Plans so that you can start planning your barndominium house as soon as possible. Unless you select a printed and shipped option, Plans are delivered digitally. When you purchase a set of Plans, you will receive them as a PDF file, a format that is widely compatible with most modern devices. After your order is placed, we will send an email to the address you provided at checkout containing a download link for your Plans. It is your responsibility to provide an accurate email address and to ensure that you are able to receive email from us. If you would like your Plans printed and shipped, you must select that option on the applicable product page, where available. Please allow a few business days for printing and handling before your printed Plans are shipped. Printed Plans will be shipped to the address designated by you at checkout, provided that the shipping address complies with any shipping restrictions contained on the Site. A third-party carrier will ship any printed Plans or other physical merchandise you purchase from the Site. All purchases of physical items from the Site are made pursuant to a shipment contract. As a result, risk of loss and title to the physical items (but not to the Plans or any intellectual property therein, which remain subject to the License) passes to you upon our delivery of the items to the carrier. While we will work diligently to ensure that printed Plans are delivered in the indicated time, you agree that Barndominium Plans will not be liable for any delays in shipping or delivery resulting from the action or inaction of any shipping or carrier service utilized by Barndominium Plans. By using the Site, you acknowledge and agree that you are responsible for filing any claims with carriers for damaged or lost shipments. If you have any questions about your order or delivery, if you do not receive the download link for your digital Plans, or if a printed order does not arrive or arrives damaged, please contact our support team at admin@BarndominiumPlans.com, and Barndominium Plans will work with you to address the issue.

6. Responsibilities Assumed by You and Your Builder. Prior to any use of the Plans, it is your responsibility to ensure that the Plans are accurate, suitable for your purposes and lot conditions, and compliant with all applicable federal, state, and local laws, including, without limitation, any statutes, ordinances, building codes, rules, or regulations in your specific location (“Applicable Laws”). By purchasing any Plans on the Site, you acknowledge and agree without limitation that: (i) the following items are the responsibility of you and/or your builder, and not the Site or Barndominium Plans; (ii) you will undertake and use your best efforts to cause your builder to fulfill such responsibilities; and (iii) Barndominium Plans shall have no responsibility or liability with respect to such items:

  • Your builder is responsible for assuring that all work is in accordance with the latest edition of all construction industry standards and Applicable Laws;

  • Either you or your builder are responsible for obtaining all legally-required permits and inspections from local governmental agencies under Applicable Laws;

  • 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 the location in which you plan to construct your barndominium house or structure;

  • 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;

  • 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;

  • Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product;

  • Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties;

  • Your builder is responsible for assuring that all materials, equipment, and components are new and of good and workmanlike quality;

  • 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

  • Your builder is responsible for following all instructions to sustain and preserve all express or implied warranties and guarantees in connection with the use of all manufactured articles, material, and equipment.

Barndominium Plans is not an architecture or engineering firm. Unless a product description expressly states otherwise, the Plans are not prepared or sealed by a licensed architect or engineer, and purchasing Plans or modification services does not create an architect-client, engineer-client, or other professional relationship.

7. Intellectual Property Rights and Ownership. The Site, all of its content, and any associated intellectual property, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all house plans, floor plans, drawings, renderings, logos, text, design, graphics, icons, images, photographs, video,  audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof (collectively, the "Content"), are proprietary and owned or controlled by Barndominium Plans, our licensors (including the third-party designers whose plans are offered through the Site), and certain other third parties. All right, title, and interest in and to the Content is the exclusive property of Barndominium Plans, our licensors, or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible.

These Terms permit you to use the Site and Content for your personal, non-commercial use only, including browsing, evaluating, and purchasing the house plans and related products and services offered through the Site. A limited, revocable, nontransferable license is granted to temporarily download one copy of the Content for transitory viewing only, for use in strict accordance with these Terms. This is not a transfer of title, right, or interest in the Site or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose (other than evaluating and purchasing Barndominium Plans's products and services), publicly displaying the Content, transferring the Content to another person or "mirroring" the Content on any other server, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Barndominium Plans or its licensors. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Barndominium Plans at its sole discretion at any time. Upon termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. Except for the limited license expressly provided in these Terms, no license of intellectual property is granted by Barndominium Plans in these Terms, and no assignment of intellectual property is granted by Barndominium Plans in these Terms.

Upon your purchase of Plans from Barndominium Plans on the Site, you are hereby granted, subject to these Terms, a limited, non-exclusive license (“License”) to use the Plans to build the barndominium house 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 house 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 applicable laws in completing the construction of your barndominium house 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 Barndominium Plans;

(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 house 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 house or structure) without the prior written consent of Barndominium Plans, 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 Barndominium Plans;

(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 house 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 Barndominium Plans 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 house 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.

House plans and related design documents that you purchase or license through the Site including any and all modifications, customizations, revisions, alterations, adaptations, or derivative works of the Plans that are created, prepared, drawn, drafted, or produced by Barndominium Plans (or by any designer, contractor, or agent engaged by Barndominium Plans) 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 are Content and remain the property of Barndominium Plans or the third-party designers from whom Barndominium Plans licenses them. You agree that the Plans and any modifications are not 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 you are nonetheless deemed to own any rights in any modifications or custom work, you hereby irrevocably assign all such rights to Barndominium Plans without further payment. To the fullest extent permitted by law, you waive any moral rights or rights of attribution in the Plans, any modifications, and your User Contributions.

Your purchase of Plans does not transfer ownership of the Plans or of any intellectual property rights in them; it grants you only a limited, non-exclusive, nontransferable license to use the Plans to construct a single barndominium house or structure one time, subject to any specific license terms and conditions accompanying your purchase, which control over this Section 7 with respect to the Plans. Any modifications, customizations, or other custom work to the Plans prepared by or for Barndominium Plans at your request are the sole and exclusive property of Barndominium Plans and are licensed to you on the same limited basis. Any reproduction, publication, distribution, or sale of the Plans, or any use of the Plans beyond the scope of your license, without the prior written consent of Barndominium Plans constitutes a violation of these Terms and of United States and international copyright laws.

Barndominium Plans owns and uses trademarks on or in relation to the Site, including but not limited to Barndominium Plans and related designs and logos. You must not use such marks without Barndominium Plans's prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting any license or right to use any trademark displayed on the Site without the express written permission of Barndominium Plans or such third party that may own the trademark.

Copyright Policy.  Barndominium Plans respects the intellectual property rights of others and requires users of the Site to do the same. Barndominium Plans complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA“), which applies to content reported and removed for violating U.S. copyrights, including any Plans, renderings, images, or other Content displayed on the Site and any User Contributions, such as sketches, drawings, floor plans, photographs, specifications, or requested modifications to the Plans, that you or other users submit through the Site. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability under 17 U.S.C. § 512(f). You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others, including the affected user, our third-party designers and licensors, and your contact information, and by submitting any notice or counter-notice, you agree you have no expectation of privacy in your submission.

Owners of copyrighted material or their authorized agents may submit a DMCA notice to our Designated Copyright Agent if they believe that infringing activity has taken place on the Site. We will only consider valid reports of infringement, and you may submit a complete DMCA notice that includes the points described below only if the party sending the request is the copyright owner or an authorized agent acting on behalf of the copyright owner. If you are not sure whether Barndominium Plans has control over the allegedly infringing content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following, which must include a certification made under penalty of perjury:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Barndominium Plans to determine the legitimacy of the signature and the identity of the signatory;

  • Identification of the copyrighted work claimed to have been infringed (for example, a house plan, drawing, rendering, or photograph), or, if a single notification covers multiple copyrighted works on the Site, a representative list of such works on the Site, including citation to the applicable copyright registrations where available;

  • 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 Barndominium Plans to locate the material, including the plan name or number if applicable, a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the page or online content at issue;

  • Information reasonably sufficient to permit Barndominium Plans to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;

  • 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

  • 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.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

Attn: Copyright Agent, Barndominium Plans PO Box 14260

Chicago, IL 60614 512-222-7914 admin@BarndominiumPlans.com

Please note that if any notification of claimed infringement does not substantially comply with the requirements of 17 U.S.C. § 512(c)(3) and the requirements set forth above, Barndominium Plans has no responsibility to respond to or act on any such defective notification of claimed infringement.

Barndominium Plans enforces its intellectual property, and in particular its rights under U.S. copyright laws in the Plans and other Content, and will, in appropriate circumstances and in its sole discretion, terminate or block the access of users who are determined to be repeat infringers. If you receive a notification of claimed infringement and believe that your User Contributions or other material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

  1. Your physical or electronic signature, as well as information sufficient for Barndominium Plans to determine the legitimacy of the signature and the identity of the signatory;

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of Illinois, if your address is located outside the United States, and that you will accept service of process from the complaining party that submitted the notice or the complaining party’s authorized agent.

Any such counter-notification must be sent to:

Attn: Copyright Agent, Barndominium Plans PO Box 14260

Chicago, IL 60614 512-222-7914 admin@BarndominiumPlans.com

8. User Contributions. 

The Site allows you to submit, upload, or otherwise transmit to Barndominium Plans content and materials, including sketches, drawings, floor plans, photographs, renderings, specifications, measurements, lot information, and descriptions of or requests for modifications, customizations, or other custom work to the Plans, as well as creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications (collectively, “User Contributions”). Other than personal information, which is subject to our Privacy Policy, any such User Contributions are and will be considered non-confidential and non-proprietary. All User Contributions must comply with these Terms, including Section 4 (Permitted Use and Prohibited Conduct).  You submit and transmit your User Contributions at your own risk. 

All User Contributions may be retained by us indefinitely, even after you stop using the Site or complete any purchase. By providing any User Contributions, you grant to Barndominium Plans, our affiliates, and service providers (including the third-party designers who prepare Plans and custom work for us) and each of our and their respective licensees, successors, and assigns a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, reproduce, transmit, publish, develop, market, modify, adapt, display, distribute, sell, license, and otherwise disclose to third parties the User Contributions in any manner and in any media for the business purposes of Barndominium Plans, including to prepare modifications, customizations, or other custom work to the Plans, to create derivative works, and to adapt, revise, and incorporate the User Contributions, in whole or in part, into house plans and related products that Barndominium Plans offers for sale or license to other customers through the Site, in each case without any compensation or notice to you. You acknowledge that any modifications, customizations, or other custom work to the Plans prepared using your User Contributions are owned by Barndominium Plans as provided in Section 7, that such work is not exclusive to you, and that Barndominium Plans may offer identical or substantially similar plans to other customers. Barndominium Plans has no obligation to use any User Contributions and will have no liability related to any User Contributions.

You further represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. Your User Contributions do not and will not infringe, misappropriate, or violate the intellectual property or other rights of any third party. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Barndominium Plans, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness, including the accuracy of any measurements, lot information, or specifications you provide in connection with requested modifications to the Plans. We are not responsible or liable to any third party for the content or accuracy of any User Contributions submitted by you or any other user of the Site.   

The Site includes Testimonials provided by people who have had experiences with Barndominium Plans. Testimonials on the Site reflect individual experiences and are not guarantees of results. 

9. Linked Material. The Site may provide links to third-party websites and publications ("Linked Material"). Barndominium Plans has not necessarily reviewed the information in the Linked Material, does not maintain it, and cannot control the completeness, accuracy, or security of its content or the privacy practices of its providers. The content of any Linked Material is solely the responsibility of its provider, and the inclusion of any link does not imply endorsement by Barndominium Plans. We encourage you to review the terms and privacy statements of any website you visit through a link from the Site. If you decide to access any Linked Material, you do so entirely at your own risk, and you agree that Barndominium Plans shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, products, or services available on or through any link provided by Barndominium Plans.  We may receive a commission or referral fee if you purchase from or engage third parties we link to or refer you to, such as building kit suppliers, engineering service providers, or builders. Those companies are independent, and any purchase or contract with them is solely between you and them.

10. Disclaimers. YOUR USE OF THE SITE IS AT YOUR RISK. THE SITE AND ALL SERVICES, INFORMATION, MATERIALS, AND PRODUCTS MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY PLANS, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, ERROR-FREE, AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS ON THE SITE MAY CONTAIN TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS OR MAY BE OUT OF DATE, AND BARNDOMINIUM PLANS MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. WITHOUT LIMITING THE FOREGOING, THE PLANS ARE INTENDED TO INDICATE DESIGN AND BASIC CONSTRUCTION DETAILING ONLY. THE PLANS ARE NOT DESIGNED TO CONFORM TO THE LAWS, REGULATIONS, ORDINANCES, OR BUILDING CODES OF ANY SPECIFIC JURISDICTION, DO NOT BEAR AN ARCHITECTURAL OR ENGINEERING STAMP, SEAL, OR SIGNATURE, AND MAY REQUIRE MODIFICATION, STRUCTURAL ANALYSIS, ENGINEERING, OR REVIEW BY A LICENSED PROFESSIONAL IN YOUR AREA BEFORE THEY MAY BE USED FOR CONSTRUCTION. IT IS YOUR RESPONSIBILITY ALONE, AND NOT THE RESPONSIBILITY OF BARNDOMINIUM PLANS, TO ENSURE, PRIOR TO ANY USE OF THE PLANS BY YOU OR YOUR BUILDER, THAT THE PLANS ARE ACCURATE, SUITABLE FOR YOUR SPECIFIC PURPOSES AND LOT CONDITIONS, AND COMPLIANT WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND BUILDING CODES, AND TO OBTAIN ALL REQUIRED PERMITS, INSPECTIONS, AND PROFESSIONAL REVIEW. BARNDOMINIUM PLANS ASSUMES NO LIABILITY FOR ERRORS OR OMISSIONS IN THE PLANS AND IS NOT RESPONSIBLE FOR PLAN INTERPRETATION, CONSTRUCTION MEANS AND METHODS, OR THE STRUCTURAL INTEGRITY OF ANY BARNDOMINIUM HOUSE OR OTHER STRUCTURE BUILT FROM THE PLANS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE AND THE PLANS, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BARNDOMINIUM PLANS, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, DESIGNERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, YOUR PURCHASE OR USE OF ANY PLANS, OR THE CONSTRUCTION OF ANY STRUCTURE BASED ON THE PLANS, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, CONSTRUCTION COSTS OR DELAYS, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE THE HIGHER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US FOR THE PLANS, PRODUCTS, OR SERVICES GIVING RISE TO THE CLAIM. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A PARTY'S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. NOTHING IN THIS SECTION LIMITS ANY RIGHT OR REMEDY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING THE CALIFORNIA CONSUMER PRIVACY ACT.

12. Indemnification. Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Barndominium Plans and its affiliates, licensors, and designers, and their respective officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys' fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Site or any Plans, including your use, misuse, reuse, modification, or misinterpretation of the Plans and the construction of any structure based on the Plans by you or your builder; (b) your violation of these Terms or of the license terms accompanying any Plans, including any misrepresentations made by you in connection with your use of the Site or any information submitted through it; (c) any content, specifications, drawings, or other materials you submit to Barndominium Plans, including in connection with any requested modifications to the Plans; or (d) your violation of any law or the rights of a third party. Barndominium Plans reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

13. Dispute Resolution — Binding Arbitration and Class Action Waiver.

(a) Informal resolution first: Before initiating arbitration or any other proceeding, you and Barndominium Plans each agree to first attempt to resolve any dispute informally and in good faith. To begin this process, the party asserting a claim must send a written notice (“Notice”) to the other party describing: (i) the nature and basis of the claim or dispute; (ii) the specific relief sought; and (iii) contact information for the party providing the Notice. Notice to Barndominium Plans must be sent to the contact information below. Notice to you will be sent to the most recent email address or physical address Barndominium Plans has on file for you, including any address you provided in connection with a purchase of Plans through the Site. Following receipt of the Notice, the parties agree to negotiate in good faith to resolve the dispute for a period of thirty (30) days (the “Cure Period”). This informal resolution process is nonbinding, and neither party is obligated to accept any resolution proposed during the Cure Period. If the dispute is not resolved to the mutual satisfaction of both parties within the Cure Period, either party may proceed to initiate binding arbitration as set forth below. Completion of this informal resolution process is a condition precedent to filing any arbitration demand or lawsuit, and either party may seek to have a court or arbitrator stay any such proceeding until this condition has been satisfied. 

(b) Arbitration: We will make reasonable efforts to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Site, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms, the Privacy Policy, the Site, or any Plans or other products or services purchased or licensed through the Site shall be resolved exclusively by final, confidential, and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the Arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute (the “Minimum Standards”), we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section. Furthermore, this Section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction, including to protect the intellectual property rights in the Content or the Plans. You further agree that if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the Arbitration and may be brought in court, subject to your and Barndominium Plans’s right to appeal the court’s decision. All other claims shall be arbitrated. 

(c) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).

(d) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.

(e) Location of Arbitration. The Arbitration shall be held (i) in Cook County, Illinois (if permitted by the Applicable Rules); (ii) at such other location as may be mutually agreed upon by you and us; or (iii) if the only claims in the Arbitration are asserted by you and are for less than $10,000 in aggregate, at a location of your election, by telephone or written submission.

(f) Governing Law. The Arbitrator (i) shall apply the internal laws of the State of Illinois consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Illinois or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.

(g) No Class Relief. The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

YOU AND WE AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL, EXCEPT AS PROVIDED IN SUBSECTION (m) (CALIFORNIA PUBLIC INJUNCTIVE RELIEF) BELOW. ADDITIONALLY, UNLESS YOU AND WE AGREE OTHERWISE, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.

(h) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

(i) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.

(j) Reasonable Attorneys‘ Fees. Except where prohibited by applicable law or in conflict with the Minimum Standards, in the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration. In the event you recover an Award less than our last written settlement offer, or you are found not to be entitled to any Award, the Arbitrator shall also have the right to award Barndominium Plans reimbursement, by you, of our reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration.

(k) Small Claims Matters Are Excluded; No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

(l) Confidentiality of Arbitration. You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the facts of the Arbitration, any documents exchanged as part of the Arbitration, proceedings of the Arbitration, the Arbitrator’s decision, or the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.

(m) California Public Injunctive Relief. Notwithstanding anything to the contrary in this Section, if and only to the extent that applicable California law governs a claim and, under such law, the claim or remedy cannot lawfully be waived or compelled to arbitration on an individual basis, nothing in these Terms shall be construed to waive your right to seek public injunctive relief within the meaning of McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017). Any such non-waivable request for public injunctive relief (and only that claim or that remedy request) may be severed from the Arbitration, consistent with the severability provisions of subsection (b) above, and brought in a court of competent jurisdiction as set forth in Section 14 (Governing Law and Venue). 

All other claims, remedies, and requests for relief and any request for relief other than public injunctive relief, shall remain subject to Arbitration on an individual basis as set forth in this Section, and, to the fullest extent permitted by applicable law, any claim or remedy request proceeding in court under this subsection shall be stayed pending completion of the Arbitration of all arbitrable claims. This subsection applies only to the extent required by applicable California law and shall not be construed to expand any right to bring claims on a class, collective, or representative basis, or to seek public injunctive relief, beyond what applicable California law provides and does not permit to be waived.

14. Governing Law and Venue. These Terms are governed by Illinois law (excluding conflict of laws rules), and venue for non-arbitrable matters is in Cook County, Illinois. If it is determined that arbitration is not permitted, has been waived, or is otherwise unavailable, the sole and exclusive jurisdiction and venue for any action arising out of or related to these Terms, the Site, or any Plans purchased or licensed through the Site shall be an appropriate state or federal court located in Cook County, Illinois, and you hereby submit and irrevocably consent to the personal jurisdiction and venue of said courts. You agree that such courts are a convenient forum and that you will not seek to transfer an action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. You further agree that the laws of the United States and the State of Illinois, without regard to conflict of laws principles, shall govern these Terms and all matters relating to the Site. This paragraph shall not be read to conflict with the mandatory arbitration provision in Section 13. 

15. Additional Terms. The failure of Barndominium Plans to enforce any term or condition of these Terms shall not be deemed a waiver of such term or condition or of any other term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect. All provisions which by their nature should survive termination shall survive, including provisions regarding intellectual property ownership, the license granted in the Plans, warranty disclaimers, indemnification, limitations of liability, and dispute resolution. 

These Terms (including the Privacy Policy, to the extent incorporated) constitute the sole and entire agreement between you and Barndominium Plans regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties regarding the Site. Nothing in these Terms modifies or supersedes the license terms and conditions accompanying your purchase of any Plans, any written agreement between you and Barndominium Plans for modifications or other custom work to the Plans, or any other written agreement between you and Barndominium Plans, each of which controls in the event of conflict. We may assign these Terms, in whole or in part, at any time without notice to you; you may not assign or transfer these Terms without our prior written consent.

You agree that, regardless of any statute or law establishing a different limitations period, to the maximum extent permitted under applicable law, any claim or cause of action arising out of, related to, or connected with the use of the Site, any Plans, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

We may provide you with information regarding the Site, your orders, and these Terms in electronic form only, and you agree that such notices satisfy any legal requirement that communications be in writing.

16. Contact. Please direct any questions about the Site, the Plans, or these Terms to: admin@BarndominiumPlans.com. 

Although Barndominium Plans will in most circumstances be able to receive your communications, Barndominium Plans does not guarantee that it will receive them timely and accurately and shall not be legally obligated to read, act on, or respond to any such email except for privacy rights requests, Notices stated in these Terms, or communications we are legally required to receive or respond to. 

Email is not a secure medium; please do not send Social Security numbers, payment card numbers, or bank account information by email. We handle personal information you send us in accordance with our Privacy Policy. Unsolicited ideas or materials you send us (other than personal information), including any sketches, drawings, specifications, or other materials you submit in connection with requested modifications to the Plans, are not treated as confidential.