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Terms of Service

Welcome to Etruscan, Inc.’s (“Etruscan”) EtruscanHousePlans.com website (the “Site”). Any person (“Buyer”) that wishes to access the Site and purchase House Plans (“Plans”) on or through the Site, or on the website of Etruscan’s online business affiliate, must accept these Terms of Service.

BY USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS AND CONDITIONS OF THE SITE’S TERMS OF USE, WHICH ARE HEREBY INCORPORATED BY REFERENCE AND MADE A PART OF THESE TERMS OF SERVICE.

  1. USE OF THE SITE.
    1. The Site, www.EtruscanHousePlans.com is reserved exclusively for the offering of Plans for purchase, and for all services related to the Plans. Plans are offered for sale for “Single Use” or for “Multiple Use.” Single Use is the Buyer’s use of the purchased Plans for the purposes of building the home depicted in the Plans to completion. Multiple Use is the Buyer’s use of the purchased Plans for the purposes of building multiple homes depicted in the Plans to completion.
    2. Use of the Site is limited to parties lawfully able to enter into and form contracts.
    3. Buyer declares and guarantees that, depending on option selected at the time of purchase, the purchase of products on Etruscan’s Site is strictly for either Buyer’s Single Use or Buyer’s Multiple Use.
    4. The purpose of these Terms of Service is the establishment of the rights and obligations of the Parties in relation to the sale of the Plans by Etruscan to the Buyer. These rights and obligations are applicable without any exception to all sales completed on the Site.
    5. The picture illustrating each of the Plans for sale is not necessarily the exact image of the Plans; there could be a variation in color or size.
      1. Buyer is aware that Plans are a copy of Plans that may have been previously utilized for the construction of a home, unless otherwise stated.
    6. The Online Purchase service, governed by the Online Purchase Agreement (“Agreement”), is exclusively available to purchases delivered within the United States of America and its Territories.
    7. Etruscan reserves the right to modify the Agreement at any time; nevertheless, any purchase completed before modification of the Agreement shall be subject to the conditions of the former Agreement, including the prices and/or particular promotions.
  2. CONCLUSION AND VALIDITY OF THE ONLINE PURCHASE AGREEMENT.
    1. The Online Purchase Agreement (“Agreement”) for the purchase of Plans on this Site is concluded through the completion of the request form and the express consent to purchase indicated through the online procedure, after viewing a webpage providing the order summary containing the details of the Buyer and the order, the Total Purchase Price, the procedure and terms of payment, the delivery address of the Plans, and a copy of these Terms of Service.
    2. When Etruscan receives the order from the Buyer, it sends a printable confirmation email with a summary of the order and all details indicated in the previous clause, except for a copy of these Terms of Service.
    3. By submitting an order, the Buyer declares that he has read all notifications provided during the purchase procedure and full acceptance of the Agreement.
  3. PRICES.
    1. All sale prices for Plans displayed and indicated on the Site are expressed in U.S. Dollars and constitute an offer to the public.
    2. Etruscan reserves the right to change the Plans’ Purchase Price, delivery costs, and any ancillary costs at any time without warning. However, any order received before the change in price shall be charged at the previous Purchase Price.
  4. DELIVERY OF PLANS.
    1. The Plans ordered by the Buyer on the basis of the Agreement shall be delivered to the address indicated by the Buyer as the Order delivery address.
    2. The ordered Plans shall be sent within the regular delivery times, which period shall not exceed 30 (thirty) days from that following the date of submission of order by the Buyer, unless otherwise agreed by the Parties. Etruscan shall not be held responsible for inefficiencies resulting from force majeur.
    3. No deliveries shall be made outside the United States of America or its Territories.
    4. All orders of Plans from Etruscan are final, and no refunds will be granted for any reason, except as required by Amazon.
  5. LICENSE.
    1. Etruscan grants Buyer, subject to the Agreement and the Site’s TERMS OF USE, a limited and revocable, non-exclusive license (“License”), without right to sublicense, to use the Plans to build the home (the “Project”) depicted in the Plans one time and one time only if purchased selecting the Single Use option, or multiple times if purchased selecting the Multiple Use option; and to modify and reproduce the Plans solely to the extent required for purposes of building the home and to meet the requirements of Buyer’s specific jurisdictional building codes, ordinances or regulations in completing the Project. In addition to any other requirements set forth in the Agreement, Buyer agrees to comply with all restrictions, requirements and conditions listed in this Section 5 to which the License is subject.
      1. Buyer may not assign, sublicense or transfer the License.
      2. If Buyer has purchased the Plans by selecting the Single Use option, Buyer may not re-use the Plans without the prior written consent of Etruscan. Consent may require payment of a re-use fee, subject to additional conditions.
      3. Buyer shall not sell, redistribute, or publish, or authorize or permit anyone else to sell, redistribute, or publish the Plans. Buyer is prohibited from disclosing the Plans to anyone other than contractors, consultants, lenders or governmental agencies as reasonably required for the Project, subject to the License.
      4. Buyer may not create derivative works based on the Plans other than such modifications as may be required by Buyer’s Project in accordance herewith.
      5. Buyer agrees that Buyer will have the Plans reviewed by a local professional designer, architect, or engineer and approved by the governing jurisdiction before the start of any construction on the Project.
      6. Buyer agrees that Buyer will maintain, and will cause Buyer’s builder and other contractors involved in the Project to maintain, sufficient liability and other insurance coverages with insurance companies licensed in the applicable locations, as required to cover all of Buyer’s obligations under the Agreement and any applicable present or future laws, rules, orders, ordinances, statutes, requirements, codes, or executive orders of any governmental or judicial authorities (“Applicable Laws”).
      7. The Plans are intended to indicate design intent and basic construction detailing. It is Buyer’s responsibility to ensure that Buyer has obtained the proper professional assistance to provide standard construction details and practices, which will result in a structurally sound and weatherproof finished product. Any use of the Plans, and/or modifications of the Plans, by Buyer, Buyer’s builders, or others on Buyer’s behalf, is done at Buyer’s own risk.
      8. The Plans do not include any plumbing, heating or air conditioning drawings due to the wide variety of local codes and climatic conditions. Etruscan recommends that Buyer retain a local electrical engineer, mechanical engineer or builder to provide further drawings as may be required to secure necessary permits and for construction.
      9. Any foundation plan and associated details included in the Plans are intended to serve as a basic guide for a typical foundation system. This typical foundation system is not site- or location-specific. Buyer acknowledges Etruscan’s recommendation that Buyer have a local designer, architect, or licensed engineer review the Plans and provide a site-specific foundation design if found necessary.
      10. The Plans provide general concepts and are not intended to be complete in all respects and details. Variations in standard sizes (e.g., of windows and doors), and brands, thicknesses, types and uses of different materials can change details. Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems may also require changes of details.
      11. Any names of materials and manufacturers shown on the Plans do not represent an endorsement or recommendation by Etruscan. Final selections of materials are the responsibility of Buyer and/or Buyer’s builder, including proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Plans; and Etruscan has no control or responsibility with respect to such matters or decisions.
      12. The Plans do not include an architectural or engineering signature, seal and/or stamp. Buyer agrees to consult a local building official who can advise whether a review of the Plans by a licensed designer, architect, or engineer is required prior to submission of the Plans for a building permit. Because of the great differences in geography and climate in different areas, each state, county, and municipality has its own building codes, zoning requirements, ordinances, and/or building regulations. The Plans may need to be modified to comply with local requirements. In addition, Buyer may need to obtain permits or inspections from local governments before and in the course of construction. The Plans also may require the approval by governing jurisdictions. Buyer’s right to use the Plans is conditioned on Buyer’s agreement to, and Buyer hereby affirms that Buyer shall: (i) consult a locally licensed designer, architect, or engineer of Buyer’s choice prior to beginning the Project, and (ii) strictly comply with all local building codes, zoning requirements, and Applicable Laws.
      13. Plans purchased for homes to be built in certain jurisdictions may be required to be redrawn by a locally registered professional; and Buyer agrees that, if applicable, Buyer will consult a local building official or legal counsel with respect to such requirements.
      14. Due to the variation of Plans and price options on Etruscan’s Site, data entry and other scrivener errors may occur in the text and pricing shown on the Site. Etruscan reserves the right to correct such errors as they are discovered.
      15. Some photographs of homes that appear on the Site of houses that have been built may be based on modifications made to the Plans associated with photograph, and, in such case, those modifications are not incorporated into the Plans.
      16. Etruscan has the right, without limitation of other rights and remedies at law, in equity, or contract hereunder, to terminate the license at Etruscan’s discretion if Buyer does not comply with any of the provisions of these Terms of Service, the Agreement, or the provisions of the TERM OF USE. Unless sooner terminated, the license shall terminate upon Buyer’s completion or abandonment of the Project.
    2. Buyer acknowledges and agrees that Buyer will use his best efforts and cause Buyer’s Builder to use its best efforts to fulfill all responsibilities under the Agreement listed in this Section 5, and that Etruscan shall have no responsibility or liability with respect to such items:
      1. Buyer and his/her builder are responsible for assuring that all work is in accordance with the latest edition of all applicable national, state, and local building codes, construction industry standards and other Applicable Laws;
      2. Buyer and his/her builder are responsible for obtaining the required permits and inspections from local governmental agencies;
      3. Buyer and his/her builder are responsible for checking the Plans prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions;
      4. Buyer and his/her builder are responsible for working with Buyer on decisions for the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details;
      5. Buyer and his/her builder are responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product;
      6. Buyer and his/her builder are responsible for providing all construction means, methods, sequencing, techniques, and safety on the job site to protect construction workers and third parties;
      7. Buyer and his/her builder are responsible for assuring that all materials, equipment and components are new and of good quality; and
      8. Buyer and his/her builder are 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. Buyer and his/her builder must follow all instruction to sustain and preserve all expressed or implied warranties and guarantees.
  6. AS-IS SALE.
    1. All Plans displayed on the Site are sold “AS IS.” ETRUSCAN MAKES NO GUARANTEE, WARRANTY, OR REPRESENTATION, EXPRESS OR IMPLIED, TO ANY BUYER WITH RESPECT TO ANY PLANS, INCLUDING WITHOUT LIMITATION, ITS FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RARITY, IMPORTANCE, DESIGNER OR CREATOR, HISTORICAL RELEVANCE OR OTHERWISE. PLANS PURCHASED THROUGH SITE ARE NOT RETURNABLE EXCEPT AS REQUIRED BY AMAZON.
  7. RELEASE AND LIMITATION OF LIABILITY.
    1. BUYER RELEASES ETRUSCAN FROM ALL CLAIMS, DEMANDS, LIABILITIES, ACTIONS, LOSSES, AND DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE AND/OR DATA), RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE, ANY PLANS OFFERED FOR SALE OR SOLD THROUGH THE SITE, OR NON-CONCLUSION OF A PURCHASE FOR REASONS FOR WHICH ETRUSCAN IS NOT RESPONSIBLE. IF THE BUYER IS A CALIFORNIA RESIDENT, THE BUYER WAIVES CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IN ALL EVENTS, THE LIABILITY OF ETRUSCAN TO A BUYER IS LIMITED TO THE PURCHASE PRICE.
    2. Etruscan shall not assume any responsibility for fraudulent and illegal use by third parties of the credit cards used for payment of the Plans purchased.
  8. INDEMNITY.
    1. The Buyer agrees to defend, indemnify, and hold Etruscan harmless from all losses, damages, liabilities, injury to third parties or property, costs (including without limitation attorneys’ fees) and claims arising out of or related to the use of the Site by the Buyer, the purchase of Plans by the Buyer, the nature or quality of the Plans, and any disputes between the Buyer and any third party related to the use of the Plans.
  9. FRAUD.
    1. The Buyer may not register or make offers for any Plans under a false name or use another Buyer’s password. Such fraudulent conduct is a violation of Federal and State law. If fraudulent conduct is identified, the Buyer will be denied access to the site and the conduct may be reported to law enforcement authorities.
  10. WITHDRAWAL OF PLANS.
    1. Etruscan reserves the right to withdraw any Plans from the Site or to amend any content on the Site at any time. Etruscan will not be liable to the Buyer or any third party because it has withdrawn any Plans from the Site, amended any of the content or denied access to the Site.
  11. COMPLIANCE WITH LAWS.
    1. The Site may be used only for lawful purposes and in a lawful manner. The Buyer agrees to comply with all applicable Federal and State laws and regulations regarding the use of the Site and any purchase conducted on or through the Site.
  12. DATA PROTECTION AND PROCESSING OF PERSONAL DATA.
    1. Etruscan protects the data of the Buyers and guarantees that the processing of data shall be done in compliance with all applicable Federal and State data protection regulations.
    2. Etruscan shall process the data and information transmitted by the Buyer in a confidential manner pursuant to Etruscan’s Privacy Policy and shall not disclose it to unauthorized persons, or use it for unauthorized purposes. This data can only be disclosed pursuant to the order of a court or other government body, or as required by law.
  13. AMENDMENTS.
    1. Etruscan may change the Terms of Service at any time, through publication of the updated version on the website www.EtruscanHousePlans.com.
    2. Any new clauses shall apply to sales made after publication of the relative amendments.
  14. GENERAL PROVISIONS.
    1. If any provision of the Agreement is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Agreement and will not affect the validity and enforceability of the rest of the Agreement. Failure of Etruscan to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Etruscan under the Agreement or at law. The Agreement represents the entire agreement between the Buyer and Etruscan with regard to the purchase by the Buyer of Plans sold by Etruscan on the Site, and the Agreement supersedes and replaces any other agreement between the parties including but not limited to any previous Agreement as they may have applied between the Buyer and Etruscan.
    2. Any Buyer registered with Etruscan has permission to print in hard copy and electronically reproduce portions of the web site for the sole purpose of purchasing Plans from Etruscan. No user may modify or reproduce any materials obtained from this Site for purposes of including the modified or reproduced materials on the user’s own site.
    3. Any notice required to be made under the Agreement to Etruscan shall be given by postal mail addressed to Etruscan, Inc., 199 North Capitol Blvd., Suite 602, Boise, ID 83702, or by email at [email protected], and to Buyer by the e-mail address provided to Etruscan by the Buyer upon registration. Notice to the Buyer shall be deemed to have been given 24 hours after the e-mail was sent, unless Etruscan is notified that the e-mail address is invalid, in which event Etruscan may give notice by postal mail at the address provided to Etruscan by the Buyer upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing. Any party hereto may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other party notice in the manner herein set forth.
    4. The Agreement between the Buyer and Etruscan is governed by the laws of Idaho. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the State of Idaho.
    5. The headings in these Terms of Service and in the Agreement are for convenience only and are not to be considered in construing it.
    6. Sections 5, 6, 7, 8, 12, and 14 shall survive termination of the Agreement.

 

Last Updated: 7/13/2016