Terms of service.
LAST UPDATED February 22, 2022
These Terms of Service (these "Terms") represent an agreement between you (“you” or “User”) and Leben Design PLLC (“Leben Design” or “we”) and govern your use of this website and any products or services, including pre-designed house plan (“Plans”) made available via this website from time to time.
This website, together with the Plans and any other products or services, is referred to collectively as the “Service” in these Terms.
PLEASE READ THE TERMS CAREFULLY. BY USING THE SERVICE, WHETHER FOR PURPOSES OF VIEWING OR ORDERING PLANS OR OTHERWISE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE
1. License to Use Services; Updates to Terms of Service; Integration; Privacy Policy.
a. Subject to your compliance with these conditions, Leben Design grants to you a limited, non-transferable, non-exclusive license to use the Service on any computer or device owned, leased, and/or controlled by you. This license is not a sale of the original Service or any copies. All rights not expressly granted to you are reserved and retained by Leben Design. Neither our Service, nor any part of our Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Leben Design. You may make single copies of materials displayed on the Service for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Service.
b. We may, in our sole discretion, modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Service or updating the “Last Updated” date above. By continuing to access and use the Service you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review these Terms periodically and to check the “Last Updated” date at the top for the most recent version. In addition, when using services or features on the Service, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted on the Service. All such guidelines or policies are hereby incorporated by reference into these Terms. Use of the Service is also subject to the terms of our Privacy Policy which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.
2. Ability to Accept the Terms. The Service is meant for those at least eighteen (18) years of age. Use of the Service by anyone under this age is a violation of these Terms. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country.
3. Ordering Plans.
a. You may choose to “purchase” a Plan from us (a “Purchased Plan”, with the “purchase” of the Purchased Plan also referred to as an “Order”). You acknowledge and agree that a “purchase” of a Plan is a purchase of limited license to use the Plan. Purchased Plans remain the sole property of Leben Design and your purchase entitles you only to a limited license as further described in Section 4 hereof. Pricing and availability are subject to change at any time before your purchase is finalized. We may make available various payment processing methods to facilitate the purchase of the Service. You must abide by any relevant terms and conditions or other legal agreements with third party payment processors, that govern your use of a given payment processing method. We may add or remove payment processing methods at our sole discretion and without notice to you. Once your purchase is complete, Leben Design or the payment processor may charge your credit card or other payment method that you provide us for any Purchased Plan, along with any additional applicable amounts (including any taxes or shipping and handling). You are solely responsible for all amounts payable associated with purchases you make via the Service. All sales are final and we do not offer refunds under any circumstances.
b. Our Service will feature images, descriptions, and other information concerning our Plans. This information is summary in nature and not intended for use with your specific Project. We do our best to make sure this information is as accurate as possible, but from time to time it may not be perfectly accurate. We will make reasonable efforts to inform you of any inaccuracy as soon as we become aware of it.
c. We will take payment from your credit, debit card, gift card and Paypal account at the time we accept your Order. We do NOT directly process payment information, and use a third party for this service. At present, our third party payment processor is Stripe, Inc., however we may change payment processors from time to time in our sole discretion. By using Stripe, Inc.’s payment systems, you agree to be bound by Stripe, Inc.’s terms of service and privacy policy currently located at https://stripe.com/checkout/legal, https://stripe.com/ssa, and https://stripe.com/privacy. Please note, Stripe, Inc. may change the availability and location of its terms of service and privacy policy at any time and without notice to us. We have provided these links for convenience only. Accordingly, it is your responsibility as the User to locate and read Stripe, Inc.’s policies. Following payment and our acceptance of your Order, we will deliver your Purchased Plan via electronic mail to the email address specified by you in the Order or to the email address you have provided when creating an account with us, if you have done so.
d. We are confident that you will love your Purchased Plans. However, due to the nature of electronic delivery and the inability to have complete assurance of return of a digital product, we do not accept returns and do not offer refunds. ALL SALES OF PURCHASED PLANS ARE FINAL. Should you desire modification of a Purchased Plan, you may contact Leben Design concerning modification as described in Sections 4(e) and 7 below.
4. License.
a. Notwithstanding anything to the contrary herein, when you purchase a Plan through the Service you are thereby granted, subject to these Terms, a limited, non-exclusive license (“License”) to use the Purchased Plan to build the home depicted in the Purchased Plan (the “Project”) for a single use, and to modify and reproduce the Plans solely to the extent required for purposes meeting the requirements of your specific state and local building codes, ordinances or regulations in completing the Project.
b. You may not assign, sublicense or transfer the License.
c. You may not re-use the Purchased Plan or build more than one home from the Purchased Plan without the prior written consent of Leben Design. Such consent shall be in the sole discretion of Leben Design and may require additional payment and may be subject to additional conditions, as may be specified by Leben Design. You may not sell, redistribute, or publish the Purchased Plan or permit any third party to do so. You may not otherwise disclose the Purchased Plan to anyone other than contractors, consultants, lenders, or governmental agencies as may be reasonably required for the purpose of the Project.
d. You may not modify the Purchased Plan or otherwise create derivative works based on the Purchased Plan, or permit any third party to do so, other than such modifications as may be required for your own use in the Project in accordance herewith. You agree that any such derivative work, whether authorized or unauthorized, are and shall be the exclusive property of Leben Design, and you hereby irrevocably assign to Leben Design any and all right, title and interest in and to these derivative works, and any part thereof, and to any proprietary right you may have in such derivative works.
e. Should you desire any modification, revision or deviation (“Change”) from the express parameters of the Purchase Plan you agree that any Change may be made only through your engagement of Leben Design as your exclusive architect for the making of such Changes, as further described in Section 7.
f. Personal and Noncommercial Use. The Service and any Purchased Plan is for your personal and noncommercial use ONLY. Commercial use is only permitted with the express consent of Leben Design and pursuant to a separate agreement with Leben Design. Without limiting the definition of commercial use, a use will be deemed commercial if you intend to sell or do sell the subject property or home built from the Purchased Plan within eighteen (18) months of the completion of the Project. As a condition to your continued use of the Service, you warrant to Leben Design that you will not use the Service or any Purchased Plan for any purpose that is unlawful or prohibited by these Terms of Use. Further, you may not contact our users or account holders for the purpose of enticing them to terminate their relationship with Leben Design or enter a business relationship with you to Leben Design’s detriment or to enter any business relationship with you concerning provision of any commercial service.
5. User Conduct. You agree that:
a. You will provide true, accurate, current and complete information about yourself as prompted by the Service;
b. That your account (if you create one) and your use of the Service is for your personal use;
c. If you choose to create an account with the Service, you agree to receive communications from Leben Design in connection with the Service.
d. You will not impair or harm the Service or attempt to gain unauthorized access to the Service in any way;
e. Your use of the Service is subject to all applicable local, state and federal laws and regulations and you will not use the Service for any illegal or prohibited purposes;
f. You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges, if any, resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account. You will not access the Service using anyone else’s account information and you will not impersonate or misrepresent your affiliation with any person or entity;
g. You will not interfere or attempt to interfere with the proper functioning of the Service;
h. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service;
i. You will not make any automated use of the system, or take any action that we may deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
j. You will not bypass any measure we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
k. You will not expose the Service to any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage or interfere with the Service or expropriate any data or information from the Service;
l. You will not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service; and
m. You will not make any unauthorized use of any material on the Service, including the Plans.
n. We may suspend or terminate your account or cease providing you with any or all of the Service at any time and for any reason.
6. Intellectual Property.
a. Ownership. You acknowledge that all materials on the Service, including, but not limited to, the Plans, the website design, application design, graphics, text, sounds, pictures, customer or accountholder lists and related information, the compilation of all content included in or made available through the Service, including profiles, listings or descriptions of customers or users using the Service, and other files and the selection and arrangement thereof (collectively, “Materials”), are the exclusive property of Leben Design and/or our licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by the Terms, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Leben Design. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial resale purposes. The trademarks, service marks, trade names and logos (collectively, “Marks”) contained or described in the Service are the sole property of Leben Design and/or our licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Leben Design and/or our licensors.
b. Copyright Infringement. We take copyright infringement seriously. We will promptly investigate claims of copyright infringement if such claims are reported to us at the email address at the bottom of these Terms. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
i. Identify the copyrighted work that you claim has been infringed.
ii. Identify the material on the Service that you claim is infringing.
iii. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
iv. Include both of the following statements in the body of your report: (1) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)” and (2) “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
v. Provide your full legal name and your electronic or physical signature.
7. Customization Services. You may request that Leben Design customize a Purchased Plan (“Customization Services”) for use with your Project. Leben Design does not guarantee that any particular request can be accommodated. You acknowledge that your request may require modification. You acknowledge and agree that these Terms do not bind you or Leben Design to a client-architect relationship regarding the performance of architectural services, and that such a relationship shall be subject to the execution of an Architectural Services agreement between you and Leben Design as well as to these Terms. Leben Design may decline to enter into such a relationship for any reason, and you understand that, notwithstanding Leben Design’s declination to provide architectural services, you may not modify any Purchased Plan unless through the architectural services of Leben Design.
8. Third-Party Websites.
a. We may from time to time provide links to the websites of third-parties, such as service providers or advertisers, via the Service. Your interactions with any such third party are solely between you and such third party. You acknowledge and agree that Leben Design is not a party to any transactions you may enter into with a third party and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a thirty party.
b. If you clickthrough to a third-party website using a link on our Service you will leave our Service. We do not control nor endorse any such third-party websites. You agree that we will not be responsible or liable for any content, products, goods, services or information provided or available via any third-party website, or for any damages arising from your use of such third-party website, or for your use or inability to use a third-party website.
c. You will use such links at your own risk. We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, that appear on any third-party website.
9. Representations. You expressly acknowledge, represent, warrant, and agree that you understand:
a. The information contained herein is for informational purposes only and is not intended as nor should be construed as advice or recommendations and are not guaranteed to produce results.
b. Leben Design does not warrant or guarantee the suitability or availability of any material or content, including without limitation any Plan or other information found through the Service.
c. Any information, including any data, materials, or content on the Service, including on any social media page of Leben Design, are for informational purposes only.
d. You assume all risk when using the Service, including all the risks associated with any use of products and services.
e. For purposes of this Section 9(e) only, “you” shall mean both you and/or your builder and/or any other professionals or other agents you may hire, as the case may be. Leben Design shall have no obligation nor liability with respect to the following:
i. You are responsible for assuring that all work on any Project is in accordance with the latest edition of all applicable national, state, and local building codes, construction industry standards and other applicable laws or regulations.
ii. You are responsible for obtaining the required permits and inspections from local governmental agencies.
iii. You are responsible for checking the Purchased Plan prior to construction to verify all dimensions and details for overall accuracy appropriate to the construction site and local conditions.
iv. You are responsible for all aspects of any construction pursuant to any Purchased Plan, including, but not limited to: standard construction details, all construction means and methods, safety on the job site of construction workers and any other third parties, ensuring that all materials, equipment and components are of a quality that is acceptable to you and are suited for your purposes, and ensuring that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers.
10. Disclaimer & Limitation of Liability and Remedies.
a. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, INCLUDING ANY PURCHASED PLANS OR CUSTOMIZATION SERVICES. THE SERVICE, INCLUDING ANY PURCHASED PLANS AND CUSTOMIZATION SERVICES, IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE, PRIOR TO USE OF ANY PLANS, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR YOUR PURPOSES AND COMPLIANT WITH ALL APPLICABLE LAWS. IN NO EVENT SHALL LEBEN DESIGN OR ITS OWNERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICE, INCLUDING ANY PLANS OR PURCHASED PLANS.
b. Limitations. UNDER NO CIRCUMSTANCES SHALL LEBEN DESIGN BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF USE OR MISUSE OF THE SERVICE, ANY PURCHASED PLAN, ANY PLAN, OR ANY THIRD PARTY TECHNOLOGIES OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LEBEN DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THOSE ITEMS DESCRIBED IN THE FIRST SENTENCE OF THIS SUBSECTION B, LEBEN DESIGN, FROM INABILITY TO USE THE SERVICE AND ANY THIRD PARTY TECHNOLOGIES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH LEBEN DESIGN, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE, ALL THIRD PARTY TECHNOLOGIES AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH LEBEN DESIGN (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Your exclusive remedy for any claim arising out of or relating to this Agreement will be for Leben Design, upon receipt of written notice, either (i) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which Leben Design is determined to be at fault, or (ii) return to you the fees you paid to us for the particular Purchased Plan or Service provided that gives rise to the claim, subject to the limitations contained in these Terms of Service. You agree that you will not allege that this remedy fails its essential purpose.
11. Indemnity. You agree to indemnify, defend and hold Leben Design and its officers, owners, agents, representatives, contractors, employees and assigns of the foregoing (collectively, the "Indemnified Parties") harmless from and against any and all losses, demands, causes of action, damages, liability and costs and expenses (including reasonable attorneys' fees), incurred or sustained by any of the Indemnified Parties in connection with (i) the use of, delay in using, or inability to use the Service, including any Plans or Purchased Plans by you or others; (ii) any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors; and (iii) any breach by you of any of the provisions of these Terms or any contract or agreement between you and Leben Design.
12. Submissions. From time to time you may have an idea you wish to share with us concerning our Plans, new Plans, features you’d like to see included in our Plans, and other topics. We appreciate that you value our Plans, but we do not solicit suggestions from our users. If you choose to submit a suggestion or other material to us, you acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, regarding this Service or any Plan, Leben Design, or our products or services that are provided by you to Leben Design are non-confidential and shall become the sole property of Leben Design. Leben Design will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Leben Design and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that:
a. You own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site.
b. The content is accurate and not misleading.
c. Use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
13. Prohibited Activities. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Service without the prior consent of the copyright owner. None of the material contained on Leben Design Service may be translated, reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Leben Design. You may not use, copy, or modify the Service or any copy in whole or in part, including any print-out or modification of the source or object codes, except as expressly provided in this Agreement. You may not disclose, display, communicate, or otherwise permit the use of the Service by or to any third party for any purpose. You are prohibited from using the Service to process the data of third parties. You hereby waive any rights granted by the Digital Millennium Copyright Act to decompile the Service or any portion thereof to identify or analyze the interoperability of the Service. You shall not harvest or otherwise collect information about other users, including, but not limited to email addresses or any other identifying information or information related to contacting users.
14. Termination. We have the right, without limitation of our other rights and remedies at law, in equity or hereunder, to terminate these Terms, the License and/or your right to use the Service, at our discretion, if you do not comply with any of the provisions of these Terms or any Architectural Service contract. Unless sooner terminated, the License shall terminate upon your completion or abandonment of the Project.
15. Miscellaneous.
a. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. These Terms of Use are the complete and exclusive agreement of the parties and supersede all prior communications, oral or written, between the parties relating to the Terms of Use’ subject matter.
b. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
c. Leben Design’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
d. This Agreement may be assigned in whole or in part by Leben Design. This Agreement may not be assigned by you without the express, prior written permission of Leben Design.
e. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia notwithstanding any conflict of laws provisions. The federal or state courts of Virginia shall have exclusive jurisdiction and venue over any claims arising out of this Agreement, and you hereby consent to the personal jurisdiction and venue of such courts and waive any objections thereto.
16. Contact. If you have any comments or questions regarding these Terms or wish to report any violation of these Terms, you may contact us at the following email address: kelly@lebendesign.co