Terms and Conditions

SKETCHPAD WELCOMES YOU TO ITS WEBSITE. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE, AND CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND SKETCHPAD REGARDING YOUR USE OF THIS SITE.

Acceptance of Terms and Conditions
Before you buy a home plan through this website (the “Site”), Sketchpad requires that you read and accept these Terms and Conditions. By accessing, viewing, or using this Site, you acknowledge that you have read, understand, and agree with these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not use this Site.

You further agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from SketchPad solely through electronic transmission. You agree that when in the future you click on an “I agree,” “consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Privacy Policy
You agree that any information or comments you provide may be used for purchases, to inform you of upcoming promotions or changes we may have made to our Site, and to improve or market our products and services. Any personal information we collect is designed to be accessed only by authorized personnel at SketchPad and you, the customer. We will not sell or rent your information to any third party, except as otherwise authorized by you and as required by state and federal law, and we will exercise reasonable efforts to keep the information secure.

We collect information based on customer preferences to improve your visit to our Site and to help you find the perfect home plan. When you visit the website, we may send you a “cookie.” A cookie stores a small data file on your computer. This file enables us to recognize you each time you visit us. Cookies help us in many ways, for example, by saving your region, information regarding your “favorites” or other preferences, and to update your shopping cart. We may use cookies to count the number of times you visit our Site, compile anonymous statistics on website use, and/or gather information on the type of internet browser and operating systems used. We do not use cookies to store any financial or sensitive information. If you choose to disable cookies, you will still be able to browse our home plans but not purchase them online. By using the Site, you signify your acceptance of this Privacy Policy. If you do not agree or are not comfortable with any policy described in this Privacy Policy, your only remedy is to discontinue use of the Site. We reserve the right to modify this Privacy Policy at any time.

General Use of SketchPad Website
This Site is provided solely for the use of current and future buyers of home plans, and to enable you to contact us with any questions or comments that you may have. Any other use of this Site is prohibited. You agree that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another website, use on any other website, transfer or sell any information, products, or services provided through or obtained from this Site. You also agree that you will not use this Site in any manner that could damage, disable, overburden, interfere with or impair the Site or interfere with any other party’s use and enjoyment of the Site. You agree that you will not use any automatic device or manual process to monitor or copy the Site or the content contained herein.

You agree that all information you provide to SketchPad shall be current, complete, and accurate. The information provided by you and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination or false advertising); (c) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Without limiting its other remedies, SketchPad may immediately discontinue, suspend, terminate, or block your and any user’s access to this Site at any time at its sole discretion.

To participate in transactions through this Site, you must register with SketchPad by completing a registration form and providing certain information to us. If we notify you that your registration form has been approved, you will become a registered user. We reserve the right to disapprove, suspend, or terminate your registration for any reason or no reason, and to prohibit you from participating in transactions through this Site. Registration is available only to persons who are competent to enter into contracts under applicable law. Without limiting the foregoing, registration and use of the Site are not available to individuals under the age of 18.

If you are assigned a password to your account, you will be responsible for maintaining the confidentiality of that password. You agree to accept responsibility for all activities and transactions that occur under your account and/or password.

Secure Ordering and Payment
You must make full payment in the amount of the sale price and all applicable fees to SketchPad prior to SketchPad creating and shipping plans purchased through the Site. After plans have been purchased, SketchPad will not accept returns or exchanges. Please check your selection prior to placing your order.

We encrypt all personal and financial information while it is being transmitted via the Internet to our servers. Credit card numbers are encrypted and not stored online. This is to provide maximum protection from Internet fraud for our customers.

License of Use
By purchasing a home plan from the Site, you are granted a non-exclusive license to build that home one time only. Only you, as the original purchaser, have the right to build the home from the purchased plan, and you may not rent, lease, loan, give, transfer or sell copies of the purchased plan, but you may allow a builder to use the purchased plan to build the home for you. Except as expressly provided in these Terms and Conditions, the purchase of home plans through this Site shall not be construed to grant a license of any type under any patents, copyright, or trademarks owned or controlled by SketchPad.

Your one-time use license includes the right to modify the home plan to meet your needs and to print enough copies to build one home. You may provide the house plan, in whole, to your architect, engineer, draftsman, and/or builder for the purpose of allowing them to modify the plan to meet your needs; provided, however, you will be responsible for such persons abiding by the terms of the license. Neither you, nor the persons who assisted you in modifying the plans, may reuse, distribute, sell, or license the original or modified plans.

Purchase of Goods
SketchPad home plan sets include floor, roof and foundation plans, exterior elevations, building construction details, custom trim and detailing options and a personal planning book. The “heated” square footage estimate provided on our plans does not include garage, porches, decks or the basement level.

Although we make every effort to ensure the accuracy of our plan information, we reserve the right to make corrections to our plans or elevations if necessary. Prior to beginning construction, you must obtain all necessary permits and comply with all local building codes and regulations. You or your builder must verify all dimensions and structural design prior to proceeding with construction. Exact size reinforcement of all concrete footings must be determined by local soil conditions and acceptable construction practice. Your local builder should also verify that it is suitable for your particular site, including any subdivision restrictions. Some changes and material substitutions may be necessary if your plans are to meet the local requirements. We are not responsible for the assistance you receive from the individuals you select to build your home.

Modification of home plans purchased through the Site is restricted as provided in these Terms and Conditions. If you or your builder choose to modify any part of a home plan purchased through this Site, we encourage the use of a local architect. Caution must be exercised in making changes to SketchPad plans; only qualified architects and engineers should attempt modifications to the design, as even minor changes in one area of the home structure may affect other areas. SketchPad is not responsible for any modification of the plans.

Ownership of Site Contents
All materials on the Site (as well as the design and layout of the Site) are owned and copyrighted or licensed by SketchPad, its affiliates or its suppliers. © 2006, SketchPad, Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Site is permitted without the written permission of SketchPad. Any rights not expressly granted herein are reserved. All SketchPad home plans displayed and/or made available for purchase through this Site are protected under United States Copyright Law. Except as specifically provided in these Terms and Conditions, you may not modify, duplicate, rent, lease, distribute, or create derivative works based on any of the information on this Site, including home plans purchased through this Site. Reproduction of the illustrations, home plans, or working drawings by any means is strictly prohibited. Because it is illegal to create derivative works without having purchased the right to do so, even if you are planning on making extensive changes to the design, copyright laws require you to purchase a copy of the plans.

You may send to SketchPad comments, questions, suggestions or ideas relating to this Site. If you do, you agree that such information sent to SketchPad is not given in confidence, that SketchPad is not obligated to keep such information secret and that SketchPad is not obligated to respond. SketchPad shall be free to use the information you send to SketchPad in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. SketchPad may also reproduce, disclose an distribute the information in your communication to others without limitation.

Disclaimer of Warranties and Limitation of Liability
You expressly agree that use of this Site is at your sole risk. SketchPad assumes no liability for any home constructed from plans purchased through the Site. It is your responsibility and the responsibility of your builder to verify all dimensions and building site conditions prior to proceeding with construction, and to verify the plan’s compliance with all local building codes. ALL INFORMATION PROVIDED THROUGH THIS SITE IS “AS IS” AND “AS AVAILABLE.” SKETCHPAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, INCLUDING WITH REGARD TO HOME PLANS PURCHASED THROUGH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SKETCHPAD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE HOME PLANS AND OTHER MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, OR ANY GOODS OR OTHER PRODUCTS, SOLD OR DISPLAYED ON THIS SITE, OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SKETCHPAD SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS OR LOST REVENUE, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SKETCHPAD WEBSITE OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SKETCHPAD SITE.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS SITE OR HOME PLANS PURCHASED THROUGH THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Hyperlink Disclaimers
As a convenience to you, we may provide on this Site links to websites operated by other persons. These links are provided to you only as a convenience. Such linked sites are not under our control and we are not responsible for the contents or actions of any linked site or any link contained in a linked site. Inclusion of any link is not an endorsement by SketchPad of the site, and we shall have no responsibility for information which is referenced by or linked to this Site.

Indemnification
You agree to indemnify, defend, and hold harmless SketchPad, its shareholders, affiliates, agents, employees, and licensors from and against any and all claims, demands and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, your violation of these Terms and Conditions, your violation of any law or regulation, or your violation of any proprietary or privacy right.

General Terms
These Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with SketchPad arising out of your use of this Site. SketchPad makes no representation that the materials are appropriate or available for use outside the United States. You agree to comply with all laws and regulations applicable to your use of this Site.

Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between SketchPad and you with respect to this Site and your purchase of home plans through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SketchPad with respect to this Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, including, but not limited to, the warranty disclaimers and liability limitations set forth above, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. SketchPad may revise these Terms and Conditions at any time, and you agree to be bound by the revised Terms and Conditions. Any such modifications will become effective upon the date they are first posted to this Site. It is your responsibility to return to these Terms and Conditions from time to time to review the most current Terms and Conditions. SketchPad does not and will not assume any obligation to notify you of changes to these Terms and Conditions.