Terms of Agreement

This is a legally binding agreement between you (the “Buyer”) and American Design Concepts LLC (“ADC”).  By clicking “I agree” below, or by purchasing any item or material from this site, or by otherwise indicating your consent, you agree to be bound by these terms.  

ADC is and shall be deemed the author and owner of all material, including any design elements, in any drafts, plans or drawings provided shown or made available on this web site (the “Concept Plans”).  ADC shall retain the copyright for the drawings, design or designs, and all design elements or other material included in any Concept Plans, as well as the rights to publish the Concept Plans (including without limitation any designs or elements therein).  ADC also retains and expressly reserves all other common law, statutory and other reserved rights.

The terms in this paragraph apply to the “Full CAD” Concept Plans, i.e., sets that include computer-assisted design /DWG and SPD files (“CAD files”): By purchase of any Concept Plans for which CAD files are included, Buyer receives a limited, revocable, non-transferable and non-assignable right and license to use the Concept Plans to assist in the building or construction of one or more structures of the type shown in the applicable Concept Plans, to modify the Concept Plans or to create derivative works from or based upon the Concept Plans, and to build or construct one or more structures based on such modified Concept Plans or such derivative works.  Any use of the Concept Plans, modifications, or derivative works must be for the internal use of the Buyer only, and under no circumstances may the same be sold or distributed to third parties.  No unauthorized use or distribution is permitted.

The terms in this paragraph apply to all other Concept Plans, e.g., “Printable PDF,” “Study Plan,” or “Building Plan” sets: By purchase of any Concept Plans, Buyer receives a limited, revocable, non-transferable and non-assignable right and license to use the Concept Plans to assist in the building or construction, in one instance, of a structure of the type shown in the applicable Concept Plans.  No unauthorized use or distribution is permitted.

In addition, because Concept Plans are distributed in an electronic format that can be easily duplicated, and returns are not feasible or verifiable, all purchases are final and non-refundable.

WARNING: ADC HEREBY DISCLOSES TO BUYER AND BUYER HEREBY ACKNOWLEDGES THAT ADC IS NOT AN ARCHITECT OR ENGINEER. THE CONCEPT PLANS ARE NOT WHOLLY COMPLETE FOR CONSTRUCTION AND ARE NOT FULL CONSTRUCTION DOCUMENTS. THE CONCEPT PLANS WILL NOT INCLUDE THE DETAILS NECESSARY FOR OBTAINING BUILDING PERMITS FROM THE APPLICABLE GOVERNMENT AUTHORITY OR AUTHORITIES FOR CONSTRUCTION. BUYER IS RESPONSIBLE FOR ENSURING COMPLIANCE BY THE CONCEPT PLANS WITH ALL LOCAL LAWS, REGULATIONS, ORDINANCES, OR OTHER REQUIREMENTS.  THE CONCEPT PLANS DO NOT CONTAIN ALL OF THE  NECESSARY DETAILS FOR THE CONSTRUCTION PHASE OF THE PROJECT. THE CONSTRUCTION PHASE OF THE PROJECT WILL REQUIRE ADDITIONAL PLANS AND DETAILS NOT INCLUDED IN THE CONCEPT PLANS, WHICH MAY INCLUDE, WITHOUT LIMITATION, DETAILS RELATING TO MATERIALS, MECHANICALS, PLUMBING, ELECTRICAL, CONSTRUCTION METHODS, GRADING, DRAINAGE / EROSION, UTILITIES, BUILDING STRUCTURE, FRAMING, WALL OR ROOF ASSEMBLY, FOUNDATION, STRUCTURAL ENGINEERING, AND DOOR OR WINDOW INSTALLATION. PRIOR TO CONSTRUCTION OF THE PROJECT, BUYER (OR BUYER’S CONTRACTOR) WILL NEED TO OBTAIN ALL NECESSARY CONSTRUCTION DOCUMENTS THAT PROVIDE THE DETAILS FOR CONSTRUCTION.

LIMITATION ON LIABILITY: BUYER HEREBY AGREES THAT THE ADC’S, AND ADC’S AFFILIATES’, CONSULTANTS’, PARTNERS’, AGENTS’ AND EMPLOYEES’ LIABILITY TO BUYER, WHETHER JOINTLY, SEVERALLY OR INDIVIDUALLY SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE LESSER OF (i) $100 OR (ii) THE FEE ACTUALLY PAID TO ADC FOR THE CONTRACT PLANS PURCHASED BY BUYER AND GIVING RISE TO OR RELATING TO THE LIABILITY.

THIS LIMITATION OF LIABILITY REFLECTS THE LIMITED SCOPE OF SERVICES BEING PROVIDED BY ADC FOR THE FEES BEING CHARGED.

IN THE EVENT THAT ADC PREVAILS IN ANY LITIGATION ARISING FROM OR RELATED TO THIS CONTRACT, BUYER SHALL PAY ADC’S COST’S INCURRED IN SUCH LITIGATION INCLUDING, WITHOUT LIMITATION, ADC’S REASONABLE ATTORNEY FEES.

THIS AGREEMENT IS GOVERNED BY THE LAW OF THE STATE OF WISCONSIN, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW.  THE PARTIES AGREE THAT THE SOLE AND EXCLUSIVE VENUE FOR ANY LITIGATION ARISING FROM OR RELATED TO THIS CONTRACT SHALL BE THE STATE OR FEDERAL COURTS WITH JURISDICTION OVER DANE COUNTY, WISCONSIN, AND EACH PARTY CONSENTS TO THE JURISDICTION OF SUCH COURTS.

WARNING: DO NOT CLICK “I AGREE” WITHOUT READING THE WHOLE OF THE TERMS AND CONDITIONS.  THIS CONTRACT IS LEGALLY BINDING ON THE ADC AND THE BUYER, AND EACH PARTY AGREES TO THE TERMS AND CONDITIONS SET FORTH HEREIN.