TERMS OF USE 

 

Use of Site

You have arrived at the website of Small House Lab, an online source for innovative house designs and design strategies in keeping with today’s demographic realities (the “Site”).   The Site is the property of Small House Lab, LLC, a New York limited liability company ("Small House Lab" or "SHL" or "we" or "us"), which offers registrants proposed house plans pursuant to a license as described below.  To promote its mission of rational and enlightened home building, SHL has created original house plans that with the necessary assistance of your own qualified professionals and in compliance with these Terms of Use (as hereinafter defined), you may use to advance your personal building projects.  SHL has created these terms of use, which, together with the Privacy Policy and any other legal documents and notices posted on the Site, sets forth the necessary conditions for your use of the Site (collectively and as updated from time to time, the “Terms of Use” or “ToU”).  You can review the most current version of the ToU at any time at: www.smallhouselab.com.   BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS  OF THIS ToU AS HEREIN PROVIDED AND AS UPDATED FROM TIME TO TIME; IF YOU DO NOT AGREE, DO NOT USE THE SITE.  

In downloading a Plan or Plans (as hereinafter defined) from the Site, you shall be subject not only to this ToU as more fully described below but also to all applicable guidelines and rules, such as copyright restrictions, posted on the Site, in addition to applicable law.  All such guidelines or rules found elsewhere on the Site are hereby incorporated by reference into the ToU. 

SHL reserves the right, in its sole discretion, to add, remove and amend existing portions of the Terms of Use at any time and from time to time.  All changes will take effect upon being posted to the Site and may also be viewed by you from your web browser by subscribing to the Site’s RSS feed.  Whether by checking the Site periodically or by clicking on the RSS icon on the home page and subscribing to “Legal Information and Notices,” you are responsible for remaining current with the latest version of the Terms of Use.  Your purchase of additional Plans or copies of already-purchased Plans once changes have been posted indicates that you have accepted and agreed to the changes and are bound by the ToU then in effect.  As long as you are complying with the Terms of Use and all other posted rules and documents, Small House Lab grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site.  Except as expressly provided for herein, nothing contained herein shall be construed as conferring by implication any other license or right under any patent, copyright, trademark or other intellectual property right. 

 

A One-Time License

If you download anything from the Site, you must complete registration information and agree to this Terms of Use before making payment.   

If you download any of the Site’s brochures, 3D models, drawings, house plans, elevations, sections, details and related technical descriptions in any of the software formats offered (collectively, the “Plans”), you understand that you must first agree to and be subject to this ToU.  

You understand that SHL does not purport to be providing architectural services of any kind.  Therefore, the Plans are offered so that you may use them as a first step toward building or considering construction of your own customized house or houses or for continuing inspiration and guidance for your non-commercial projects.  You may share copies of the Plans with building and design professionals and related personnel with whom you may consult about constructing your personal home based on the Plan you purchased or in anticipation of it, but you may not use the Plans as a substitute for professional advice or otherwise distribute the Plans for any other purpose. 

For the limited purposes just described, and subject to all the terms and conditions set forth in this ToU, SHL grants you a personal, non-transferable, non-commercial, royalty-free, worldwide, and non-exclusive one-time right and license to construct one home corresponding to or based on a house design purchased in .pdf or AutoCAD format.  This license entitles you to excerpt, modify, create a derivative work from, and distribute the Plans you have downloaded, in whole or in part, for personal use only, and solely in connection with your construction of one home corresponding to or based on the design whose Plan is purchased in .pdf or AutoCAD format.   Purchasing Plans in both such formats of a single design does not entitle you to construct more than one house corresponding to or based on the featured design. However, for the avoidance of doubt, if you purchase Plans in .pdf or AutoCAD format (or both) for more than one house design, the same rights pertain to each separate design.

If you are interested in constructing multiple houses corresponding to or based on one of our designs, you are encouraged to contact the Site about obtaining a customized written license on separately established pricing terms.

If you purchase from the Site either a brochure or 3D model of a house design, neither of these entitles you to construct the featured house or one based on it.  However, we hope you will use these aids to experiment with any ideas and variations of your own or to consult with professionals about possible plans to build a house from the featured design should you later decide to purchase a license, as explained above.  In the case of a 3D model in SketchUp format, you have permission to excerpt and re-combine any of the elements in any such model on the Site to produce your own 3D computer model or models in this format for your personal use.  

Notwithstanding anything to the contrary anywhere in this ToU or on the Site or any link to the Site, SHL makes no promises, representations or warranties with respect to the Plans, including, without limitation, as to the costs, regional variations, regulatory compliance, conformance of the “as-built” to Site illustrations and Plans, durability of individual parts or materials, workability of separate components, or the viability of the actual construction ultimately implemented by you.  SHL also makes no promises, representations or warranties that any construction implemented from the Plans will be error- or omission-free.  SHL makes no guarantee that you will be able to successfully implement any of the tips, examples, suggestions or strategies outlined in the Site or on the Plans.  Please be aware that in addition to the Plans, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, sounds, music, artwork, audiovisual works, tags, drawings, visibility assets, and computer code (collectively, together with the Plans, the “Content”) contained in the Site belong to and shall continue to belong to, or shall be licensed by, SHL.  This includes the design, layout, selection, coordination and expression of the Content, as well as the overall “look and feel” of the Site.  All of the foregoing are protected by various intellectual property rights and unfair competition laws and remain under our control. 

You agree that, except as herein expressly permitted, no part of the Site and no Content, including the Plans in whole or in part, may be copied (other than for use by personal consultants in connection with a single home-building project), commercially exploited, sold, traded, republished, uploaded, downloaded, posted, publicly displayed, broadcast, networked, encoded, translated, transmitted, exhibited or distributed in any way to any other computer, server, website or other medium existing now or in the future.  No part of the Content or Site, including the Plans, may be excerpted, reproduced, displayed or used to make a derivative work for commercial exploitation.  If you wish to do any of these things, you may only do so with the express written permission of an authorized representative of SHL and pursuant to the terms stipulated by such representative at such time.  However, in these cases or in cases of any other permitted use of the Plans, you must not under any circumstances (1) remove any proprietary language or legends identifying the downloads as the property of SHL, (2) modify the Content for commercial republication in any way or in any way that distorts its proper and normal applications, or (3) make any promises, representations or warranties about or relating to the Content.

 

Refund Policy

SHL does not offer refunds or permit cancellations of purchased Plans.  Once you have gone through the registration and payment processes, you cannot cancel, exchange or obtain a refund on your purchase order or return the Plans.  

 

Your Use of the Site

The limited privilege granted you to use and enjoy the Site is expressly conditioned upon, among other things, your agreement to refrain from acts that alter, dismantle, circumvent, take any actions that could distort server logs, or in any other way impede or disable the proper and normal working of the Site.  SHL reserves the right to bar any such activity and to terminate your access for such violations. 

By way of example, you may not use any “robot”, “spider” or other equivalent methodology, program, device or means to access the Site or acquire information about it in ways not purposely made available by SHL.  You may not circumvent the navigational structure of the Site or gain unauthorized access to portions or features of the Site (or to connected servers or networks) by hacking or password “mining” or other illegitimate or indirect means. 

You may not probe, scan or test the exposure of the Site or of any network connected to the Site, nor breach the security or authentication measures on the Site.  You may not reverse look-up, trace or take a step toward tracing any information on any other user of or visitor to the Site, or otherwise seek to uncover information that you are not entitled to have, including but not limited to personal identifying information other than your own. 

You agree that you will not initiate any action that results or might result in the imposition of an unreasonable or disproportionate load of data on the infrastructure of the Site or on any systems or networks connected to the Site. 

You agree to refrain from all attempts to interfere with any transaction being conducted on the Site, or with any other person’s use of the Site. 

You shall not represent yourself to the Site at any time as being any individual or entity who goes by any name besides your proper legal name or that of your employer or, if applicable, the username assigned by the Site.  All impersonations of other users are in violation of the Terms of Use. 

You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms of Use, nor may you solicit the performance of or promote any illegal activity or activity that infringes the rights of SHL, its users, or third parties, including without limitation any party that holds the right, title and interest to any software found on the Site. 

You agree you will not misrepresent the ownership or nature of the Plans, including by replacing headers or cropping designations and identifiers on Content sourced from the Site, or by failing otherwise to give proper attribution, or by wrongly claiming conformance of the “as-built” constructions to the Plans, or by implementing the Plans without prior permissions and approvals required by applicable governmental authorities, such as those necessitated by zoning requirements and local building and environmental regulations.  You agree that before building, you will contact your local building authorities to make sure your construction complies with all applicable ordinances and codes, and that you are also responsible for obtaining any necessary permits or inspections as building progresses and attains completion.  In some cases, modifications to your home plans by your duly licensed and qualified architect or engineer or by your builder may be required to meet local conditions and requirements.  You should ensure that the Plans as incorporated in your home plans comply with all applicable building codes and are suitable for a particular site, including with any subdivision restrictions and regional variations.  You also acknowledge that because we have no control over the selection of your builder or other building professionals, we cannot be responsible for the advice or assistance you receive from them or for the judgments and methods they make as part of their implementation of the Plans.

 

User-Generated Content

You acknowledge that all postings, messages, text, files, images, graphics, photos, video, audio clips, sounds, advertisements, technical drawings, or other materials posted on, transmitted through, or independently linked to from The Site (“UGC”) are the sole responsibility of the person who generated these contributions.    

Any contributions made by SHL or its agents, contractors, or employees, is provided on an “AS IS” basis without warranties or rights to rely of any kind.  

You are entirely responsible for all UGC that you post, email or otherwise make available via the Site, both with respect to its impact on others and on yourself.  Be constructive in what you post.  Remember, you will bear any legal consequences arising from  anything defamatory, harmful, indecent, harassing, discriminatory, abusive, vulgar, obscene, intrusive upon a person’s privacy, or otherwise objectionable or unlawful material published by you.  In availing yourself of any interactive areas or sponsored opportunities on the Site, please respect your fellow users and adhere to prevailing standards of propriety, decency and good conduct.  This also means you must honor others’ intellectual property rights.  Do not combine the Plans or any part thereof with another person’s work in any medium,  You must never incorporate third-party marks or proprietary material in your home plans unless the use being made of such material is in accordance with the requirements of copyright, trademark and unfair competition laws, as well as other relevant laws, rules, and requirements. 

If you send SHL any content, photos, reviews, etc., you agree to grant SHL a non-exclusive, worldwide, perpetual, royalty-free right and license to (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, publicly perform, play, make available to the public, and exercise all copyright and publicity rights over that material, including all the individual elements that form that material, of whatever nature; and (ii) the right to use your name, city, state, and country of residence in promotions and other publications.  This means that we will be free to use this material in any manner, in any form, media, software or technology of any kind now existing or hereinafter developed, including by licensing it to third parties without compensation to you, and even after you have ceased to be a user of the Site.  If you do not wish to grant this license and want to retain control over the material you are intending to submit, you should not post that content to the Site. 

We have the right to keep all material you submit to the Site and disclose its contents at any time in the future in accordance with the Terms of Use. 

We welcome your specific feedback about the Site and the Plans, including examples of uses you have made of the Plans.  However, we ask that you provide them in the areas and format provided for this purpose and in accordance with all the terms of this Terms of Use.  In addition, although SHL appreciates your letting us know how we can best satisfy your needs, we are under no obligation to review your submissions.  We are also under no obligation to keep any submissions confidential, so please consider how you will feel about the public exposure of your feedback before contacting us.

 

User Registration

To download Plans from the Site, each user must submit certain requested information in addition to payment.  Please review SHL’s Privacy Policy at http://www.smallhouselab.com, which describes how SHL collects, uses, and protects your personal information.  You understand that in using the Site and/or downloading the Plans, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within the United States and/or other countries for storage, processing and use by SHL and its affiliates.  You also understand that the protection of information you submit to third parties found through the Site is not the responsibility of SHL.  

You acknowledge, consent and agree that SHL may access, preserve and disclose your submitted information and content if required to do so by law or in a good-faith belief that such preservation or disclosure is reasonably necessary to:  (i) comply with legal processes; (ii) enforce the ToU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of SHL, its users and the public. 

You understand that the Content and software embodied within it may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SHL and/or content providers who provide content to SHL.  You may not attempt to override or circumvent any of the usage rules embedded into the software.  Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided through the Content, including third-party software, or Plans, in whole or in part, is strictly prohibited.

 

Third Party Content, Sites, and Services

The Site and its Content may contain links to other third-party websites, or cite to specific publications, all of which are completely independent of the Site and provided solely as a convenience to our visitors.  We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website or publication, nor do we endorse any of the content or information or goods or services, advertising or other materials available from such sites or resources.  Please bear in mind that you will have no recourse to SHL should you suffer harm, direct or indirect, or allege to have suffered harm or loss, from your interactions with these websites or from your reliance on information, materials, advertising, products, etc. therein contained.  You will need to determine for yourself whether to link to the websites found on the Site and if and how to interact with them once you have.  Any transactions conducted with persons or entities they represent is strictly between you and them.  

Interactions with third-party organizations or persons found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.  Although SHL takes user complaints seriously and you are welcome to contact us if you have an unsatisfactory experience, SHL is not a party to these transactions.  This means we will not make you whole or be otherwise responsible if a dispute arises.  SHL makes no representation about sellers or buyers of products or services advertising on or found through the Site.  SHL does not endorse products and services advertised on or found through the Site unless SHL explicitly states such endorsement in writing.  SHL does not warranty third-party goods or services advertised on or found through the Site. 

You shall comply in all respects with all third-party software licenses that might be required for implementing the Plans or maximizing your use of the Site and that you will not attempt to derive source code from any software provided on the Site or in conjunction with the Plans.  You acknowledge that you alone are responsible for full compliance with all license terms and other terms and conditions applicable to third-party software and all other products.

 

Interstate Nature of Communications

When you interact with SHL, including by emailing, downloading or uploading photos, or by engaging in other Internet activities, you will be causing communications to be sent through the Site’s computer network, portions of which may be located in various states in the United States as well as abroad.  As a result, and also as a result of SHL’s business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.  Accordingly, by agreeing to this ToU, you acknowledge that use of the Site results in interstate data transmission involving multiple legal jurisdictions and applical Federal and local laws that you may  not be subject to in the place from which you are transmitting.

 

Disclaimers of Warranties 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

YOUR USE OF THE SITE AND THE PLANS ARE AT YOUR SOLE RISK.  THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS.  SMALL HOUSE LAB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETION OF THE INFORMATION, TEXT, GRAPHICS, LINKS AND OTHER OTHER ITEMS OF THE SITE OR ANY OTHER SITE, OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF FREEDOM FROM ARCHITECTURAL ERRORS OR OMISSIONS OF ANY OF ITS CONTENT. SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED WEBSITES AND ADVERTISERS, AS WELL AS FOR ANY THIRD-PARTY SOFTWARE THAT FACILITATE IMPLEMENTATION OF THE PLANS.  

TO THE FULLEST EXTENT PERMITTED BY LAW, SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, UNINTERRUPTEDNESS, AND PERFORMANCE OF THE SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR MATERIAL OR SOFTWARE PROGRAMS EMBODIED IN DOCUMENTS DOWNLOADED FROM THE SITE AND DISCLAIM ANY WARRANTY THAT THE QUALITY OF ANY MATERIAL YOU DOWNLOAD FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE ERROR-FREE.  YOU AGREE YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL OR ANY SOFTWARE EMBODIED IN SUCH MATERIAL DOWNLOADED FROM THE SITE.  

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMALL HOUSE LAB OR THROUGH OR FROM THE PLANS OR ANY REVISIONS TO THE PLANS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ToU.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN ADDITION TO THE FOREGOING DISCLAIMERS, EACH OF SMALL HOUSE LAB AND THE AFFILIATES DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE ACTUAL COSTS OF CONSTRUCTION CLAIMED TO BE BASED ON THE PLANS, TO THE SUSTAINABILITY CRITERIA OF ACTUAL CONSTRUCTION CLAIMED TO BE BASED ON OR IMPLEMENTED FROM THE PLANS, TO THE CONFORMITY OF THE PLANS TO ANY LOCAL, STATE OR NATIONAL OR INTERNATIONAL REQUIREMENTS APPLICABLE TO YOUR CONSTRUCTION CLAIMED TO BE BASED ON OR IMPLEMENTED FROM THE PLANS, AND TO ANY ALLEGED PROFESSIONAL ADVICE CLAIMED TO BE BASED ON OR MADE IN CONNECTION WITH THE PLANS. SHL AND ITS AFFILIATES DO NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO SUCCESSFULLY IMPLEMENT ANY OF THE TIPS, EXAMPLES, SUGGESTIONS OR STRATEGIES OUTLINED ON THE SITE OR IN ANY OF THE PLANS.

 

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL SMALL HOUSE LAB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR DAMAGES, WHETHER ARISING IN CONTRACT OR TORT, IN EXCESS OF THE AMOUNTS ACTUALLY PAID FOR GOODS OR SERVICES PURCHASED FROM SMALL HOUSE LAB BY THE PARTY SEEKING DAMAGES.  UNDER NO CIRCUMSTANCES WILL SMALL HOUSE LAB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SMALL HOUSE LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM YOUR OR ANOTHER’S USE OR MISUSE OF THE SITE OR THE PLANS, FROM INABILITY TO USE THE SITE OR THE PLANS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR REVISIONS TO THE PLANS, OR TO DAMAGES RESULTING FROM THE RETENTION OF EXPERTS OR ANY OTHER THIRD PARTY IN CONNECTION WITH THE PLANS.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF  SERVICES OR PRODUCTS  FOUND THROUGH OR ADVERTISED ON   THE SITE OR LINKED TO FROM THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED FROM THIRD PARTIES FOUND ON OR THROUGH  THE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 

In some jurisdictions, certain exclusion of warranties or limitations of liability for incidental or consequential damages are not permitted.  In such jurisdictions, some of the foregoing exclusions and limitations may not apply to you.

 

Indemnity

You agree to indemnify and hold Small House Lab, its officers, directors, shareholders, employees agents, licensors, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Small House Lab by any third party due to or arising out of or in connection with your violation of the Terms of Use.

 

Violations of Terms of Use

Small House Lab may disclose any information we have about you (including your past interactions with the Site) if we determine in our discretion that such disclosure will further any investigation or complaint regarding your use of the Site.  We may disclose this information to help us identify, contact, or bring legal action against someone who may be interfering with the functioning of the Site or with our rights or property or those of our visitors.  Small House Lab reserves the right at all times to disclose whatever information it has in its possession if such disclosure proves necessary to comply with any applicable law, regulation, legal proceeding or governmental request.  Small House Lab also reserves the right to disclose your information should it determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud-protection purposes.  Small House Lab may disclose information about you to enforce the Terms of Use. 

You agree that Small House Lab may, in its sole discretion and without advance notice, terminate your right to use or download from the Site for cause.  Grounds for such termination includes but are not limited to (i) government advice, (ii) defunct or deleted account information, (iii) a discontinuance or revamping of the Site, or (4) unanticipated technical issues. 

If Small House Lab does take any legal action against you as a result of your violation of the Terms of Use, Small House Lab will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Small House Lab.  You agree that Small House Lab will not be liable to you or to any third party for termination of your access to the Site as a result of any such violation. 

 

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes with Small House Lab, will be governed by the laws of the State of New York without regard to its conflict of laws provisions, and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the ToU, or the relationship between you and Small House Lab, shall be brought exclusively in the courts located in the County of New York, or the U.S. District Court for the Southern District of New York.  You and Small House Lab each agree to submit to the personal jurisdiction by and venue in the state and federal courts within New York County, New York, or the Southern District of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. 

 

Notice

Small House Lab may provide you with notices, including those regarding changes to the ToU, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Site, or other reasonable means now known or hereafter developed.  Such notices may not be received if you violate the ToU by downloading materials from the Site in an unauthorized manner.  Your agreement to this ToU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Site or downloaded its materials in an authorized manner.

 

Trademark Information

You agree that all of Small House Lab’s trademarks, trade names, service marks and other SHL logos and brand features, and product and service names, are trademarks and the property of Small House Lab (the “SHL Marks”).  Without Small House Lab’s prior written permission, you agree not to display or use in any manner not herein expressly permitted the SHL Marks.

 

Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement

Small House Lab respects the intellectual property of others, and we ask our users to do the same.  Small House Lab may, where circumstances warrant, in its discretion, terminate access of users who may be repeat infringers.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Small House Lab’s Copyright Agent the following information: 

            a.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual-property interest; 

            b.  a description of the copyrighted work or other intellectual property that you claim has been infringed; 

            c.  a description of where the material that you claim is infringing is located on the Site; 

            d.  your address, telephone number, and email address; 

            e.  a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

            f.  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual-property owner or authorized to act on the copyright or intellectual-property owner’s behalf. 

Small House Lab’s Copyright Agent for Notice of claims of copyright or other intellectual-property infringement can be reached as follows: 

By mail:

David Holowka

445 West 19th Street, #5A

New York, NY 10011

By phone:  212-924-9033

By email:  smallhouselab@gmail.com

 

General Information

Entire Agreement.  The ToU constitutes the entire agreement between you and Small House Lab and governs your use of the Plans, superseding any prior version of this ToU between you and Small House Lab with respect to the Plans.  You may also be subject to additional terms and conditions that may apply when you use the Plans.  You acknowledge that, in agreeing to the Terms of Use, you are agreeing to the express terms set forth in the Terms of Use, and you have not relied on any representation, warranty, collateral contract or other assurances made by or on behalf of another person, or any representation, warranty, etc., made anywhere on the Site itself other than in the Terms of Use or as expressly incorporated by reference in the Terms of Use. 

Exports.  You may not use or export any Content or the Plans, in whole or in part, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. 

Waiver and Severability.  The failure of Small House Lab to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use, so that the Terms of Use shall remain in full force and effect.  

Statute of Limitation.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Plans within one (1) year after the cause of action arose, or such claim or cause of action is forever barred.  

No Third Party Beneficiaries.  The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. 

 

Updated by Small House Lab on 4/17/2014