Terms and Conditions

Please read these Terms and Conditions carefully before using the Modern ADU Plans website, products, or services. By making any purchase through the Modern ADU Plans website or contracting for any services or products, you are agreeing to these Terms and Conditions in full. These Terms and Conditions apply to all visitors and users and cover all products and services offered.

Content

These Plans do not include any detailed electrical, plumbing, heating or air conditioning, or structural drawings due to the wide variety of local codes, regulations, site and climatic conditions. The purchaser should have a local electrical engineer, mechanical engineer, structural engineer, architect, designer, and/or general contractor provide the detailed electrical, plumbing, heating and air conditioning, structural, and/or any other drawings or calculations as may be required for permits and construction.

The designs as shown may not be acceptable for some locations due to specific local requirements, climate, and codes. Each purchaser should research the local codes and regulations, talk to the local building department to ensure the design works on your property. The purchaser should also have a local designer, architect, licensed engineer, or Building Plans Examiner review these Plans to see if they meet the local requirements.

These Plans provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes of window and door brands and types and use of different materials and thicknesses can change details. The variation of local codes and regulations, site conditions, foundation requirements, structural systems, and the layout of electrical, mechanical, and plumbing systems may also change details. The purchaser is responsible for ensuring the details and other drawings are updated to work with any material or system selected. It is advised to work closely with a licensed General Contractor to confirm the drawings, details, materials, systems, and products are buildable.

Purchases

If you wish to purchase any product or service you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email address, your credit card number, the expiration date of your credit card, your billing address, your mailing address, and other data. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct and complete.

We employ the use of third party services for the purpose of managing our website, facilitating payments, and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors, and Inaccuracies

We are constantly updating and improving our product and service offerings and we may experience delays in updating information on our website, service descriptions, and in posts or advertising on other web sites. The information found on the Product may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on the Product. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

All products and services and its original content, features, and functionality are and will remain the exclusive property of Modern ADU Plans. The plans, products, and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Modern ADU Plans.

Purchase and downloading of any PDF plan package grants the purchaser as “Licensee” the right to use such documents to construct a single building. A single purchase of the plans allows for the creation of prints solely for the purpose of construction of a single project. The purchaser acknowledges that all rights of ownership, title, and interest in the copyrights, plans and derivatives remain with Modern ADU Plans. Modified plans are considered derivatives of the original and receive the same copyright protection even if completely redrawn. License for use of the Plans ends with the completion of the house (occupancy). Plans are not transferable to a third party, meaning if the house is not built the Plans may not be sold to somebody else.

Any use of the Plans, or modifications of the Plans, by purchasers, builders or others is done at their own risk. Licensee shall have the Plans reviewed and approved by a local designer, architect, or engineer, and must be submitted for local permit approval prior to the start of construction. The information contained within the plans is to indicate design intent and basic construction detailing. It is the builder’s responsibility to provide standard construction details and practices which will result in a structurally sound, weatherproof, and safe finished product that meets all local codes and regulations.

Any use of the information contained herein beyond the one-time use authorized by a purchase of the plans, or any duplication, publication, sale or distribution of any part of these Plans without the prior written consent of Modern ADU Plans represents a violation of Federal Laws and are subject to the prescribed penalties.

The following statement is provided by the House Plan Marketing Association:

  1. HOME PLANS ARE COPYRIGHTED – Just like other art forms such as books, movies, and songs, our ADU Plans are protected under federal copyright laws. The copyright laws prevent anyone, other than the copyright owner, from reproducing, modifying or reusing the plans or designs without written permission of the copyright owner, and in this case paying for the rights to use our Plans. If you want to use our work, please purchase one of our products on this website or contact us to discuss other usage.

  2. DO NOT COPY DESIGNS OR FLOOR PLANS FROM ANY PUBLICATION, ELECTRONIC MEDIA OR EXISTING HOME – It is a common misunderstanding that making changes to or redrawing a plan found in a plan book is permissible. It is not. The right to modify plans is one of the exclusive rights of copyright. It is also illegal to copy or redraw a constructed home that is protected by copyright, even if you have never seen the plans for the home. If you find a plan that you like, you must purchase a set of plans from an authorized source. We hope that you find one of our ADU plans will meet your needs and encourage you to purchase a Plan from us.

  3. DO NOT USE PLANS TO BUILD MORE THAN ONE ADU OR HOUSE – The original purchaser of one of our Plans is licensed to build a single project from the plans. Building more than one home from the plans without permission and additional payment is an infringement of the our copyright. The purchase of a Plan package is for the construction of a single home only. If you would like to build multiple copies of the same design you can either purchase an equal number of plans from our site (one for each copy you plan to build) or contact us to discuss a licensing deal to build multiple copies from one plan set. We are happy to discuss a discount if purchasing bunk licenses.

  4. HOUSE PLANS IN THE FORM OF BLUEPRINTS OR BLACKLINES CANNOT BE COPIED OR REPRODUCED – Plans, blueprints or blacklines cannot be copied or reproduced without the prior written consent of the copyright owner. If additional sets are required for estimating or construction, please contact the home designer for additional sets at a nominal cost. Copy shops and blueprint are prohibited from making copies of these plans. The PDFs come with a license agreement that will allow for you to make copies locally.

  5. HOUSE PLANS IN THE FORM OF BLUEPRINTS OR BLACKLINES CANNOT BE REDRAWN – Plans cannot be modified or redrawn without first obtaining the copyright owner’s permission. With your purchase of plans, you are licensed to make non-structural changes by “red-lining” the purchased plans. If you need to make structural changes or need to redraw the plans for any reason, you must purchase a reproducible set of plans (see topic 6) which includes a license to modify plans. Blueprints do not come with a license to make structural changes or to redraw the plans. You may not reuse or sell the modified design.

  6. REPRODUCIBLE HOME PLANS – Reproducible plans (for example PDFs, CAD files and vellums) come with a license to make modifications to the plans. Once modified, the plans can be taken to a local copy shop or blue print to make copies of the plans to use in the construction of a single home. Only one home can be constructed from any single purchased set of reproducible plans either in original form or as modified unless otherwise stated on our website.

  7. MODIFIED DESIGNS CANNOT BE REUSED – Even if you are licensed to make modifications to a copyrighted design, the modified design is not free from the original designer’s copyright. The sale or reuse of the modified design is prohibited. Also, be aware that any modification to plans relieves the designer from liability for design defects and voids all warranties expressed or implied.

  8. WHO IS RESPONSIBLE FOR COPYRIGHT INFRINGEMENT? – Any party who participates in a copyright violation may be responsible, including the purchaser, designers, architects, engineers, drafters, homeowners, builders, contractors, sub-contractors, copy shops, blueprint, developers and real estate agencies. It does not matter whether the individual knows that a violation is being committed. You’ve heard it before: Ignorance of the law is not a valid defense! Refuse to be a party to any illicit copying or use of designs, derivative works, prints, design features or homes.

  9. PLEASE RESPECT HOME DESIGN COPYRIGHTS – In the event of any suspected violation of a copyright, or if there is any uncertainty about the plans purchased, the publisher, architect, designer or House Plan Marketing Association should be contacted before proceeding. Awards are sometimes offered for information about home design copyright infringement.

  10. PENALTIES FOR INFRINGEMENT – Penalties for violating a copyright may be very severe. The responsible parties are required to pay actual damages caused by the infringement (which may be substantial), plus any profits made by the infringer commissions to include all profits and from the sale of any home built from an infringing design. The copyright law also allows for the recovery of statutory damages, which may be as high as $150,000 for each infringement. Finally, the infringer may be required to pay legal fees, which often exceed the damages.

Links To Other Websites, Information, or Services

Our website, products, and services may contain links to third party websites, information, or services that are not controlled or owned by Modern ADU Plans. Modern ADU Plans assumes no responsibility for any content, practices, or policies of any websites, services, or information created or provided by a third party. We do not warrant any information, services, products, or websites of any individuals, companies, or organizations. You acknowledge and agree that Modern ADU Plans shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third party web sites or services. This includes any damage or loss during both the pre-construction and construction process of your project as well as any time after occupancy. We advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit or engage to complete your project.

Indemnification

You agree to defend, indemnify and hold harmless Modern ADU Plans and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Product or Service, by you or any person using the Product or Services purchased by your account, password, or credit card or b) a breach of these Terms and Conditions.

Limitation Of Liability

Modern ADU Plans assumes no liability for any home, portion of a home, or other structure which may be built from these plans. The purchaser of these plans is responsible for reading and complying with the full Terms and Conditions upon making a purchase and/or before the start of construction. By purchasing a set of plans the purchaser acknowledges and accepts this limitation of liability and shall take on full liability for any project that makes use of the plans and/or works with a local licensed professional to execute the project.

In no event shall Modern ADU Plans, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Product or Service; (ii) any conduct or content of any third party on the Product or Service; (iii) any content obtained from the Product or Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Modern ADU Plans is not a licensed professional and thus is not liable for the work product. By purchasing and using one of our Plans you as the project owner are taking on full responsibility and liability for all work related to the Plans you purchase.

Disclaimer

The materials, products, and manufacturers referenced on these Plans do not represent an endorsement or recommendation by Modern ADU Plans. They are there for reference only. The final selections of materials, products, systems, appliances, and other elements are the responsibility of the homeowner and/or builder, including, but not limited to the 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 over which Modern ADU Plans has no control or responsibility. Modern ADU Plans shall not be held liable for any errors, omissions, or deficiencies in any form by any party whatsoever.

Your use of the Product or Service is at your sole risk. The Product or Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Product or Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Modern ADU Plans its subsidiaries, affiliates, employees, members, and its licensors do not warrant that a) the Product or Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Product or Service is free of harmful components; or d) the results of using the Product or Service will meet your requirements.

The Builder’s Responsibility

Once you have the the plans approved by your local jurisdiction the project moves into the construction phase and the General Contractor takes over the project. It is the builder’s responsibility to assure that all work is in accordance with all applicable National, State, and Local Building Codes and regulations, all applicable Construction Standards, fire department standards, utility company standards, and best practices. It is the responsibility of the builder to arrange for all tests and inspections as required by the local building department. 

It is the responsibility of the builder to assure that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers and that all materials, equipment and components are new and of good quality. All appliances, fixtures, equipment, materials, hardware, etc. shall be installed in accordance with Manufacturer’s specifications and procedures. Builder shall follow all instructions to sustain and preserve all expressed or implied warranties and guarantees.

It is the responsibility of the builder to check all dimensions and details for overall accuracy appropriate to the local conditions and the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimensions and details. For example, if standard lumber joists are used in place of engineered floor joists the floor-to-floor dimension would vary from the Plans and require revised stair dimensions and framing.

The General Contractor shall verify all dimensions, familiarize themselves with the existing conditions, and bring any discrepancies to the attention of the owner prior to submission of construction proposal and before beginning work. Do not measure off scaled drawings. Refer to the dimensions on the drawings. Verify all dimensions in the field prior to commencing work.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Washington State, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Product or Service, and supersede and replace any prior agreements we might have had between us regarding the Product or Service.

Changes to the Product or Services

The plans we sell are generic designs that are not specific to any jurisdiction or local codes, regulations, or laws. Your local codes and regulations could require necessary changes to the plans in order to be approved or may deem the plans do not meet local laws. We are not responsible for any required changes needed to meet local codes, regulations, or laws, or the specifics of your property. We recommend working with a local architect, designer, engineer, or general contractor to make any required changes required to be approved by your local jurisdiction.

Alterations to the Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time and for any reason. Continuing to access or use our products or services after any alterations, revisions, or replacement of the Terms and Conditions shall be considered an acceptance and agreement to be bound by the revised Terms and Conditions. If you do not agree to the new terms, you are no longer authorized to use the products or services.

Termination

We may terminate or suspend your account and bar access to our products and services immediately, without prior notice, without liability, and under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and Conditions. If you wish to terminate your account, you shall discontinue using the product or service. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Return Policy

Since these are digital products, all purchases are final and we cannot offer any refunds or exchanges after a purchase has been made. Before buying, be sure that you have selected the plan that best suits your needs and consult with any professionals as needed to confirm the plans will work in your jurisdiction. Each purchaser is solely responsible to conduct due diligence to ensure that the project is possible on your property and meets the requirements of the local jurisdiction and all local rules, regulations, and laws. By purchasing a plan you acknowledge that you have read and understood this return policy and take on full responsibility and liability for the use of the plans.