This website, together with such products or services, is referred to collectively as the “Site” in these Terms.
By using the Site, whether for purposes of viewing or purchasing Plans or otherwise, you acknowledge that you have read and understood, and agree to be bound by and comply with, these Terms.
- Use of Site.
- The Site is intended for use by adults. You must be at least 18 to purchase or use any Plans or otherwise use the Site.
When using the Site, you agree that you will not:
- violate any present or future laws, rules, orders, ordinances, regulations, statutes, requirements, codes or executive orders of any governmental or judicial authorities (“Applicable Laws”) relating to the Site;
- submit, provide, or upload to the Site any text, images, video or other materials (“Your Information”) that are unlawful, harmful, fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or publicity or infringe any Intellectual Property Rights (as defined below) or other proprietary rights of any third party;
submit any personal information, including names or email addresses, pertaining to other individuals;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information;
violate or attempt to violate the security of the Site;
reverse engineer or decompile any portion of the Site;
- “scrape” information from the Site by automated means or otherwise without written permission from Etruscan;
by automatic device or manual process, monitor or copy Etruscan web pages or their content without the prior written permission of Etruscan;
use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Site; or
do anything that imposes an unreasonable or disproportionately large load on the www.etruscanhouseplans.com infrastructure.
- All content provided on or through the Site is provided on an “AS-IS” and “AS AVAILABLE” basis. ETRUSCAN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PLANS OFFERED FOR SALE OR SOLD ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT THE SITE MEETS YOUR REQUIREMENTS, WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. NOR DOES ETRUSCAN GUARANTEE THE ACCURACY, COMPETENCE, EFFICACY, TIMELINESS, OR CORRECT SEQUENCING OF SUCH CONTENT. USE OF ANY CONTENT IS VOLUNTARY, AND RELIANCE ON IT SHOULD ONLY BE UNDERTAKEN AFTER AN INDEPENDENT REVIEW OF ITS ACCURACY, COMPLETENESS, EFFICACY, AND TIMELINESS.
The Site may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Etruscan may undertake from time to time; or (iii) causes beyond the reasonable control of Etruscan or that are reasonably unforeseeable by Etruscan, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Etruscan is not liable for these periodic interruptions in availability of the Site and further acknowledge that Etruscan does not guarantee access to the Site on a continuous and uninterrupted basis.
- All of Etruscan’s Plans were created by architects or designers (“Designer”). When you purchase Plans from Etruscan, in accordance with these Terms, we license rights to use these Plans directly for personal use. 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.
- You may purchase Plans by paying money. You will be responsible for any applicable sales or similar taxes and shipping and handling costs, if specified. All orders to Etruscan are final, and no refunds will be granted for any reason, except as required by Amazon. Unless otherwise specified, all monetary amounts referenced on the Site refer to U.S. dollars.
- Generally Applicable Terms.
- Etruscan owns all Intellectual Property Rights inherent in or appurtenant to: the Site, including any Plans or customized versions thereof; any and all other graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Site; and the contents, design, layout, functions and appearance of the Site. Without limitation of the foregoing, the Plans are protected by United States Copyright Laws; and any use of the information contained therein beyond the Single Use or Multiple Use authorized under the License, or any reproduction, publication, sale or distribution of any part of the Plans without the prior written consent of Etruscan, constitutes a violation of Federal Laws, and may make you subject to prosecution to the full extent as provided thereunder.
- As used in these Terms, “Intellectual Property Rights” means, collectively, all rights with respect to trademarks, service marks, trade dress, logos, copyrights, rights of authorship; all applications, registrations, derivative works and renewals relating to the preceding items; all database rights, moral rights, inventions, rights of inventorship, rights of publicity and privacy, trade secrets, know-how, rights under unfair competition and unfair trade practices laws; and all other worldwide intellectual and industrial property rights related thereto.
- You agree to indemnify and defend Etruscan and its affiliates, licensors, and the officers, directors, owners, agents, representatives, contractors, employees and assigns of the foregoing (collectively, the “Indemnified Parties”) and hold them 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, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of the Plans or any other drawings, data or other materials furnished by Etruscan; (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 and provisions of the Agreement. Etruscan reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- IN NO EVENT SHALL ETRUSCAN OR ITS AFFILIATES 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 SITE, INCLUDING ANY PLANS. ETRUSCAN’S AND ITS AFFILIATES’ LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO ETRUSCAN IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, OR (B) IF YOU HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $100. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, ETRUSCAN’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
- The information provided on or through this Site may be changed periodically without prior notice. Etruscan may modify these Terms at any time by posting notice of changes on the Site; however, (i) these changes will only become effective and binding with respect to you after Etruscan provides notice on the Site that these Terms have changed, and you first use the Site following the date of such posting, (ii) the changes will only apply with respect to your use of the Site, including any ordering or use of Plans, after such changes become effective, and (iii) any imposition or change of payment obligations, if any, will only apply if and when you expressly agree. If at any time you find these Terms unacceptable and do not agree with them, you shall thereafter will have no right to use or access the Site.
- If you believe that the Site contains content that infringes on your copyright, please forward the following information by email to [email protected] or by postal mail to:Greener Burke Shoemaker Oberrecht
950 W. Bannock St., Suite 950
Boise, ID 83702
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Etruscan has the right, without limitation of other rights and remedies at law, in equity or contract, to terminate these Terms, and/or your right to use the Site, at our discretion, if you do not comply with any of the provisions of these Terms or the Agreement.
- No joint venture, partnership, employment or agency relationship exists between you and Etruscan or any Designers as a result of these Terms or your use of the Site, including any Plans. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms will be effective as of the date accepted by you. These Terms, together with any Designer Agreement, represent the entire agreement between you and Etruscan with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by Applicable Laws, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- These Terms are for the benefit of Etruscan, its Affiliates, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities has the right to assert and enforce these Terms directly against you on their own behalf.
- Nothing in these Terms shall be construed to create, impose or give rise to any duty owed by Etruscan or its Affiliates to any contractor, subcontractor, construction manager, supplier, or other person or entity (other than you, to the extent provided herein), or to any surety for or employee of any of them, or give any rights in or benefits under these Terms to such persons.
- Etruscan may assign these Terms at its discretion. You may not assign these Terms or any of your rights hereunder, nor delegate any of your obligations hereunder. These Terms are binding on the parties hereto and their respective successors and permitted assigns. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced.
- These Terms will be governed by the laws of the United States of America and the State of Idaho, without regard to conflict of laws rules. 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.
- In addition to money damages, Etruscan shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent.
- The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.” All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to Etruscan. All references in these Terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity.
- We will send any notices that are intended for you personally and not all users of the Site to you at the most recent email address we have on file for you. Any notice from you to Etruscan should be sent by email to [email protected] or by postal mail to:Etruscan, Inc.
199 North Capitol Blvd., Suite 602
Boise, ID 83702Any 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, to include notice by email to an address designated by the party so designating.
Last Updated: 7/13/2016