You have agreed to the following when you click “I agree” during the checkout process:
Last Updated: 5/12/2015
This Agreement is between you (the Purchaser of Products from this Website) and Company.
Definitions (in either lower or upper case letters):
Company = ArCH: Architects Creating Homes, LLC.
Our, we, us = Company.
You = You, the purchaser of items, products and documents from this website.
Website: this ArchitectsCreatingHomes.com website.
Others = people or entities other than you and/or Company.
The Parties = you and Company.
Products = any items you purchase, acquire, or use from and on this website.
By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Company replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
You have specifically agreed to the following arbitration clause: ______X
ArCH: Architect’s Creating Homes, LLC agreement to arbitration: ________X)
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE AND ITS PRODUCTS WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN BUNCOMBE COUNTY, NORTH CAROLINA AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN BUNCOMBE COUNTY, NORTH CAROLINA FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN BUNCOMBE COUNTY, NORTH CAROLINA. SPECIFICALLY, THE ARBITRATION WILL TAKE PLACE AT A SPECIFIC ADDRESS TO BE IDENTIFIED BY THE COMPANY IN BUNCOMBE COUNTY, NORTH CAROLINA. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF NORTH CAROLINA AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE. YOU AGREE NOT TO ATTEMPT TO CHANGE THIS VENUE (LOCATION OF DISPUTE RESOLUTION) UNDER ANY CIRCUMSTANCES.
b. Attorney Fees
If you bring any lawsuit, arbitration, or other proceeding against Company, and Company is the prevailing party, you agree you are responsible for Company’s costs and attorney fees in connection with the proceeding.
c. Important Information About Our Limited Role
Company is not a licensed Architect in your state. Instead, Company, is an organization of Architects and other consultants committed to excellence in architecture. To promote Company’s standards, Company makes a number of forms, agreements, specifications, items and other documents available for purchase (hereafter Products). As further described in this Agreement, these Products are NOT approved for use in your state. All purchasers of these Products must review, edit, and revise the Products according to your state-specific standards and/or legal requirements in your state and the state(s) of your projects.
The purpose of Company and its Products, in part, is to help set voluntary standards for the residential architectural profession, not to be a final stop for the drafting of documents, forms and other Products, which must be further amended to become legal instruments, which they are not when you purchase them.
Using this Website and purchasing any Products will not create a fiduciary relationship of any kind between you and Company. You hereby agree to hire (or to be) a licensed Architect and licensed Attorney(s) in the state in which you are practicing and for which you are designing each project. The decision to hire an Architect (or to be one) is an important one and is solely your decision, along with consulting with licensed Attorneys to review any Products you are considering using for your projects and your practice. If you seek to hire an Architect and Attorney(s), that Architect and Attorney(s) will enter into a separate agreement with you regarding your project (unless you are that Architect), and your practice.
You are solely responsible for the use of the Products. Further, you understand and agree the Products are not drafted with your specific project and/or state laws in mind. It is your sole responsibility to confirm the Products adhere to your local regulations. In particular, you must have any Products reviewed, edited and finalized by practicing licensed construction Attorneys both in the State of your business and the State of any project for which you are considering using the Products.
You agree that Company shall not be liable for any damages whatsoever arising out of or in any way connected to your use of the Website and/or purchase/use of any Products.
d. Submission of Personal Information
e. User Warranties
By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
f. Limited License
You acknowledge and agree that the Website is the property of or is licensed by Company and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Company reserves all of rights not expressly granted through this Agreement.
Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website and its Products.
In the event you submit content to the Website, including, but not limited to your name, address, email address, phone number, or other information that you voluntarily submit to the Website (collectively “User Generated Content”), you grant Company a limited, worldwide, non-exclusive, sublicensable, assignable, and royalty free license to reproduce, prepare derivative works, distribute copies, perform publicly, display publicly, and transmit your User Generated Content for the customary and intended purposes of the Website. Company reserves the right to remove, delete, suspend, or reject your User Generated Content at any time and in its sole and absolute discretion. You warrant and represent that you own all right, title, and interest in and to any User Generated Content that you submit to the Website.
g. Acceptable Use Policy
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website. You are also prohibited from using the Website to transmit unsolicited commercial emails to third parties or users of the Website, obtaining or mining the personal data of third parties or users of the Website, harassing or defaming third parties or users of the Website, posting obscene, sexually explicit, or pornographic content to the Website, or using the Website to promote bodily harm or emotional distress to third parties or users of the Website.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Company, including but not limited to ArCH, are common law or registered trademarks owned by or licensed to Company. You are expressly prohibited from using the trademarks of Company to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Company in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
i. Third Party Links
You acknowledge and agree that the Website may contain links to third party websites or content that Company does not own or control. You are advised to review the terms and conditions of any third party websites or content linked to through the Website, and you agree that Company will not be responsible for websites not under the ownership or control of Company. Company specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk.
j. Use of Products
Through the Website, Company offers for sale a number of Products. These Products are available for purchase to be used in the architecture related needs of a specific project and under no circumstances are these Products available for any other purpose, including but not limited to, the resale of the Products. You are prohibited from sharing the Products in total.
You agree and acknowledge that you must use any Product consistent with any instructions associated with the Product, including you being required to have software and computer system requirements indicated on the website as being necessary to properly run electronic Products.
Company retains full copyright ownership over the Products and their contents in total.
The Products are not drafted with your state’s specific regulations and/or requirements in mind. You hereby agree that the Products will not be used by you or others without you first obtaining specific approval, edits, and amendments to comply with your local rules, regulations, or and laws with the advice of professional and experienced construction attorneys and Architects licensed within your business practice office jurisdiction and in the jurisdiction of the projects for which you are designing. You expressly agree you will not use any of the Products without modification by an attorney to your local rules and regulations and the rules and regulations of the location of the project(s). You agree Company will not be responsible in any manner to you or to others for your failure to edit, revise, review, and/or amend the Products to adhere to local requirements for either or both of your office/practice and the location of the project(s).
Company may, from time to time, revise the Products for sale on the Website. To receive Products containing Company’s up-to-date standards, you should purchase a new Product for every project, or request updates for which you may or may not be eligible, based on the terms of purchase of the edition of the version of the Product you purchased as indicated on the Website. You also agree and acknowledge that reference to specific parts and/or materials in the Products may become outdated given the passage of time, and that you will not hold Company responsible for such outdated portions, in whole or in part. It is your responsibility to maintain updated versions of Documents. Further, Company makes no representations that there are not errors in the Products. You, as a licensed Architect and/or Attorney are responsible for correcting and updating the Products to conform to today’s legal requirements.
k. Ads on the Website
Company may post advertisements for jobs (and/or for other purposes) on the Website. Company has not investigated these job offers and in no way warrants, guarantees, or endorses the posted listing or any companies affiliated with the listing. You are advised to conduct your own independent investigation into the listing prior to applying. Should you choose to apply, Company is in no way responsible for any act, omission, negligence, or term of employment (or adverse employment decision) with the listing. By answering any of the listings on the Website, you are hereby accepting complete responsibility for doing so and you are agreeing to indemnify and hold harmless Company its officers, founders, members, consultants and others associated with Company and to defend them from any claims you and others associated with you may consider making. You agree that you will inform other people that you know and trust, advising them of where and when you are going to answer any ads, if you go in person, so that other responsible people will know where you are and when you are to return. You are hereby advised to not go to, agree to meet, or to give any private information about yourself that could result in others whom you do not know (or that you do know) using such information in a way that could prove harmful to you. You agree to protect yourself and your information in a responsible manner so that no harm comes to you.
l. Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Company terminates your access to the Website; or (ii) you cease using the Website. Company reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
m. Section 230 Compliance
You acknowledge and agree that the Website is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Company will not be considered a speaker or publisher of any information provided by a third party to the Website, regardless of whether Company chooses to remove, suspend, change, or amend such information.
n. Copyright Policy
If You believe that a user of Website has infringed upon Your copyright rights, You may provide Company with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with this section, Company will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification. This notice of copyright infringement must contain the following:
i. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
ii. Identification of the copyrighted work(s) alleged to have been infringed;
iii. The location of the copyrighted work(s) within Website;
iv. Your contact information, such as an address, telephone number, fax number, or email address;
v. A statement that You have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
vi. A statement, under penalty of perjury, that the information in the notification is accurate and that You are authorized to act on behalf of the copyright owner.
If You are a user of Website who believes that content subject to a notice of copyright infringement is not infringing, You may submit a counter-notification. This counter-notification must contain the following:
vii. Identification of the specific materials that have been removed from Website;
viii. Your contact information, such as an address, telephone, fax number, or email address;
ix. A statement, under penalty of perjury, that You have a good faith belief that the content was removed as a result of mistake or misidentification;
x. A statement that You consent to the jurisdiction of the federal district court in which Your address is located;
xi. A statement that You will accept service of process from the notifying party; and
xii. Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to Company at http://www.archomes.org/contact-us (fill out form and click Send).
o. Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ITS PRODUCTS ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE AND ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND ITS PRODUCTS IS AT YOUR SOLE RISK AND THAT COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE TO BUY THE PRODUCTS OR $1,000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, founders, consultants and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website and any Products you obtain therefrom, (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Company will not provide you with the ability to control Company’s defense, and Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
q. Force Majeure
Company will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Company’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Company.
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. Company reserves the right to assign its rights and duties under this Agreement, including in a sale of Company or its Website.