TERMS OF SALE, HOLD HARMLESS AGREEMENT, AND LIMITATION OF LIABILITY
1. GENERAL TERMS AND CONTRACT ACCEPTANCE
By purchasing, downloading, accessing, or utilizing any digital blueprint, floor plan, sketch, layout, or document (collectively referred to herein as the "Plans") from this Storefront, you (the "Buyer") expressly agree to be bound by all the terms, conditions, and legal waivers contained in this agreement. If you do not agree to these terms, you are strictly prohibited from purchasing or using the Plans.
2. NO ARCHITECTURAL OR ENGINEERING SERVICES
The Seller of these Plans is a private individual and homeowner, NOT a licensed structural engineer, registered professional architect, general contractor, or building inspector. The Plans reflect a residential house and shop structure successfully built under one specific regional building department's oversight. The Seller does not provide professional architectural or engineering services. The Plans are sold purely as an "as-is" architectural layout concept, and the Seller makes no representations, warranties, or claims regarding their technical completeness, structural safety, load-bearing capacities, or adherence to code.
3. MANDATORY LOCAL REGULATORY VERIFICATION & CODE COMPLIANCE
The Buyer acknowledges that building codes, structural wind shears, regional snow loads, soil-bearing capacities, seismic rules, and frost depths vary drastically by county, state, and municipality. The Plans are NOT pre-approved or permit-ready for the Buyer’s specific geographic location.
The Buyer assumes 100% sole responsibility for hiring a locally licensed structural engineer or registered architect to review, modify, adjust, and structurally stamp the Plans prior to any excavation, concrete pouring, material procurement, or framing construction.
The Buyer assumes all responsibility for obtaining all necessary zoning approvals, variances, HOA approvals, and municipal building permits.
4. LIMITATION OF LIABILITY & "AS-IS" WARRANTY
To the maximum extent permitted by applicable law, the Plans are provided entirely "AS IS" and "WITH ALL FAULTS." The Seller explicitly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, structural safety, or fitness for a particular purpose.
In no event shall the Seller be liable for any direct, indirect, punitive, incidental, special, or consequential damages, including but not limited to building structural failures, structural collapsing, injury, death, project delays, construction material waste, labor overages, municipal fines, or property damage arising out of or connected with the use or misuse of the Plans. The Seller's total aggregate liability under any legal theory shall be strictly limited to the exact dollar amount paid by the Buyer to purchase the Plans.
5. FULL INDEMNIFICATION AND HOLD HARMLESS
The Buyer agrees to defend, indemnify, protect, and hold harmless the Seller from and against any and all claims, lawsuits, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees and court costs) brought by the Buyer, subsequent property owners, financial lenders, contractors, or any third party arising out of, resulting from, or relating to the construction, modification, or utilization of a building based on these Plans. The Buyer agrees to indemnify and reimburse the Seller for all legal fees, defense costs, and expert witness fees incurred by the Seller in defending any claim arising from the utilization of these Plans.
6. EXCLUSIVE JURISDICTION & PROHIBITION OF OUT-OF-STATE LAWSUITS
This agreement and all transactions shall be governed by, construed, and enforced in accordance with the laws of the State of Wisconsin (the Seller's home state), without regard to its conflict of law principles.
The Buyer explicitly waives any right to file a lawsuit or legal claim against the Seller in the Buyer's home state, county, or any foreign jurisdiction.
The Buyer agrees that any legal dispute, mediation, arbitration, or lawsuit arising directly or indirectly out of this transaction MUST be filed exclusively in the state or federal courts serving the county of the Seller's primary residence at the time the dispute arises, which is currently Pepin County, Wisconsin. The Buyer waives any objection to personal jurisdiction or inconvenient venue in these courts.
7. INTELLECTUAL PROPERTY AND USE LICENSE
Purchase of the Plans grants the Buyer a single-use, non-transferable license to construct ONE (1) single physical structure. The Buyer is strictly prohibited from reselling, sub-licensing, publicly distributing, copying, posting online, or utilizing the Plans to construct multiple structures without explicit written consent and a Builder's Multi-Use License from the Seller.
8. STRICT NO-REFUNDS POLICY
Because the Plans are delivered instantly via non-returnable, permanent digital download formats (PDF/ZIP), ALL SALES ARE FINAL. The Buyer agrees that no refunds, returns, chargebacks, or credit card disputes will be issued or entertained under any circumstances.
9. SEVERABILITY
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
