Last Updated: Jan 2022
Prim Haus provides architectural designs and architectural design consulting (the “Services”) to users (“Users,” “you”) from time to time at www.primhaus.com (the “Site”). The Service is owned and operated by Prim Haus LLC (“Company”, “we” or “us”).
Your use of the Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, 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. Updates to Terms of Service; Integration.
We may, in our sole discretion, modify the Terms of Service (the “TOS”) by posting a notice on the Terms of Service page. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the TOS. 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 this Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service 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 Site. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.
2. Service Availability.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If the Service were discontinued at any time, all data would be deleted pursuant to our normal course of business.
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 the Terms of Service.
5. Use of the Service, General
5.1 In the event you are required to establish an account to use the Service and/or take advantage of certain features, you agree to:
a. provide true, accurate, current and complete information about yourself as prompted by the Service;
b. as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you; and
c. that your account is for your personal and/or business use. You may not resell the Service.
d. by creating an account, you agree to receive certain communications in connection with the Service.
5.2 You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. 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.
5.3 You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to use the Service in any manner that interferes with its normal operation or with any other user’s use of the Service.
5.4 You may not do any of the following while accessing or using the Service:
a. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
b. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
c. access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
d. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
e. disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.
f. use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service.
g. access the Service by any means except through the interface provided by Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of Company is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Service must comply with all applicable laws, rule and regulations.
h. impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
5.5 Company makes no representation that materials contained, described or offered via the Service are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any specific country. Visitors who use the Service do so on their own initiative and are responsible for compliance with all applicable laws. You agree that you will not access the Service from any territory where its contents are illegal, and that you, and not the Company Parties (as defined below) are responsible for compliance with applicable law.
5.6 Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
5.7 Furthermore, you herein agree not to make use of the Services for:
a. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b. causing harm to any minor in any manner whatsoever;
c. impersonating any individual or entity;
d. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;
j. interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;
k. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Nationality Act;
l. stalking or with the intent to otherwise harass another individual; and/or,
m. collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
6. Third Party Providers and Websites
6.1 We may from time to time have Third Party Providers, such as professional engineers, review our Services to be delivered to you, or we may link via the Service to Third-Party Websites. Your interactions with Third Party Providers found on or through the Service, including goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the Third-Party Providers, except as may be otherwise stated herein. You acknowledge and agree that Company is not a party to any transactions you may enter into with a Third Party Provider, except as may otherwise be stated herein, using the Service 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 Provider.
6.2 If you clickthrough to a Third-Party Website using a link on our Site you will leave our Site. We do not control nor endorse any such Third-Party Websites. You agree that the Company Parties will not be responsible or liable for any content, products, goods, services or information provided or available via any Third-Party Website or for your use or inability to use a Third-Party Website.
6.3 You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party Websites linked from our Site, might contain material or information:
a. that some people may find offensive or inappropriate;
b. that is inaccurate, untrue, misleading or deceptive; or,
c. that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.
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.
7. Intellectual Property.
7.1 You acknowledge that all materials on the Service, including, but not limited to, the website design, application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Company and/or its 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 of Service are reserved to their respective copyright owners. Except as expressly authorized by the Terms of Service, 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 Company or the respective copyright owner. 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 Company and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Company and/or its licensors. Company reserves the right to enforce its intellectual property rights fully under the law.
7.2 Your use of the Service is solely and exclusively under a limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Service are either the property of Company, its affiliates or licensors. Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Company to you are fully reserved by Company, its advertisers and licensors.
7.3 Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.
7.4 Notwithstanding anything to the contrary herein, when you order and use our Services including Plans, Designs or other materials the following terms shall apply:
a. License. When we provide you with Services you are thereby granted, subject to these Terms of Service, a limited, non-exclusive license (“License”) to use the Plans to build the home depicted in the Plans (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 Services or Plans (e.g., for building any additional home(s)), without the prior written consent of the Company which consent shall be in the sole discretion of the Company and may require payment of a re-use fee and may be subject to additional conditions, as specified by Company.
d. You may not, nor permit any other party, to sell, redistribute or publish the Plans, or otherwise disclose the Plans to anyone other than contractors, consultants, lenders or governmental agencies as may be reasonably required for the purpose of building a single home subject to the License.
e. You may not create derivative works based on the Plans other than such modifications as may be required for your own use in building a single home in accordance herewith.
8. Term and Termination
8.1 Except as noted herein, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms.
8.2 Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your user content associated with your Account from our live databases.
8.3 The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your user content. You may terminate your use of the Company Service at any time
You expressly acknowledge, represent, warrant, and agree that you understand:
9.1 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.
9.2 Company does not warrant or guarantee the suitability or availability of any material or content, including without limitation any, data, products or services, found through the Service.
9.3 Company makes no representations or promises regarding any material or content, and that some of the material or content provided via the Service may be owned or licensed by Third Parties.
9.4 Any information, including any data, materials, or content on the Site, including on any Company Facebook, Instagram, Twitter or other social media pages, are for informational purposes only.
9.6 You assume all risk when using the Service, including all the risks associated with any use of products and services, and from additional fees or charges from your mobile carrier.
9.7 In this Section 9.7 only, “You” shall mean both you and/or your builder and/or any other professionals you may hire, as the case may be and that Company shall have no obligation nor liability with respect to the following:
a. You 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.
b. You are responsible for obtaining the required permits and inspections from local governmental agencies.
c. You are responsible for checking the Plans prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions.
d. You are responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product.
e. You are responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.
f. You are responsible for assuring that all materials, equipment and components are new and of good quality.
g. You 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. You must follow all instruction to sustain and preserve all expressed or implied warranties and guarantees.
10. Warranties, Disclaimers and Limitations of Liability.
You expressly understand and agree that:
10.1 Your use of the Service is at your sole risk. The Service and the associated materials and content are provided on an “as is” and “as available” basis. The Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company Parties make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Service will be accurate or reliable; (iv) the quality of any and all products, services, information or other materials, including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly through the company Service will meet your expectations or needs; and (v) any errors in the Service will be corrected.
10.2 The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Service, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Service; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the Service; or (v) for any other matter relating to the Service or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Company and you. The products, information and services offered on and through the Service would not be provided to you without such limitations.
10.3 Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to company via the service, if any, for services provided solely and directly by Company to you or alternatively if there were no charges paid to the Company, a maximum of One Hundred Dollars ($100).
10.4 You agree that regardless of any statute or law to the contrary, any claim you may bring must be filed within one (1) year after the cause of action occurred or it will be permanently barred.
10.5 Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
10.6 If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”
11.1 You agree to indemnify, defend and hold harmless the Company Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any content that you submit to, post on or transmit through the Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
11.2 You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service users or any Third-Party Providers or Third Party Websites, including but not limited to: (i) your use of the Service, (ii) any activity related to your account by you or any other person, (iii) your violation of these Terms of Service; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your user content.
12. Purchases and Payments
12.1 Purchase of Services. Your contract for the purchase of Services, if any, is completed once you confirm your purchase and performance of this contract begins as soon as the purchase is complete.
12.2 Pricing. Pricing and availability of all Services for sale, if any, displayed through the Site are subject to change at any time before you click the button indicating that you want to purchase such Services
12.3 Payment Processing Methods. Company 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. Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Company or the payment processor may charge your credit card or other payment method that you provide us for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Service.
12.4 Company does not offer refunds under any circumstances.
13. Procedure for Notifying the Company of Copyright Infringement.
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact us at the address listed below and provide us with the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Information describing where the allegedly infringing material is located on the Service.
d. Your address, telephone number, and email address.
e. A written 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 that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf. The foregoing information may be emailed to the addresses listed at the end of this Terms of Service.
Following receipt of the information listed above, in our sole discretion, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
14. U.S. Export Controls.
The Service may be subject to United States export controls. No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Force Majeure
Company shall not be liable to any User or other party for a delay or failure to deliver the Services if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other Authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the Company.
16. Applicable Law and Jurisdiction.
Your use of the Service is governed by and will be enforced under the laws of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the above stated jurisdiction. Any controversy, claim, suit, injury or damage arising from or in any way related to the Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator located in the aforementioned jurisdiction. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Company may seek any interim or preliminary relief from a court of competent jurisdiction in the State listed above necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
a. Entire Agreement; Modification. This Terms of Service sets forth the entire agreement and understanding of the parties hereto concerning the subject matter hereof, and, except as otherwise specifically provided below, supersedes all prior and contemporaneous correspondence, agreements, arrangements and understandings, both oral and written, between the parties hereto concerning the subject matter hereof. No modification hereof shall be binding upon the parties hereto except by written instrument duly executed by such parties or their duly authorized representatives.
b. Invalidity of Particular Provisions. If any term or provision of this TOS or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the other terms of this TOS, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this TOS shall be valid and be enforced to the fullest extent permitted by law.
c. Interpretation. The paragraph headings of this TOS are inserted for convenience only and shall not constitute a part of this Agreement in construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neuter gender.
d. No agency, partnership, joint venture, or employment is created as a result of this Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
18. Risks related to the use of Bitcoin.
Prim Haus LLC will not be responsible for any losses, damages or claims arising from events falling within the scope of the following five categories:
1. Mistakes made by the user of any Bitcoin-related software or service, e.g., payments sent to wrong Bitcoin addresses.
2. Software problems of the Site and or any Bitcoin-related software or service, e.g., incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the Website and or any Bitcoin-related software or service.
3. Technical failures in the hardware of the user of any Bitcoin-related software or service.
4. Security problems experienced by the user of any Bitcoin-related software or service.
5. Actions or inactions of third parties and or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
19. Customer Service.
If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at the address below.