Uprise House Plans - Terms and Conditions + Privacy Policy

SECTION 1 – OVERVIEW

 

This website is operated by Uprise House Plans, a division of Uprise Design + Drafting Inc. Throughout the site, the terms “we”, “us”, and “Uprise” refer to Uprise Design + Drafting Inc. and Uprise House Plans. Uprise Design + Drafting Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/or purchasing something from us, you engage in our service (the “Service” or “Services”) and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools, which are added to the current store, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell the Service to you.

 

 

SECTION 2 - ONLINE STORE TERMS


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.


You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


You must not transmit any worms or viruses or any code of a destructive nature.


A breach or violation of any of the Terms of Service will result in an immediate termination of your use of the Service.

 

SECTION 3 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.


You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

 

 

SECTION 4 - UPRISE HOUSE PLANS

 

Uprise authorizes the viewing of our plans, designs and drawings and images on this website.  Copying, downloading, screenshotting or using any material from this website for marketing is not authorized unless with prior written permission from us.

 

Uprise Design + Drafting Inc. retains title and ownership of all plans, designs, drawings and images (the “Design”).  It is strictly the intellectual property of Uprise as owner and designer.  You cannot remove any copyright or other proprietary notations from the Design. The Design must not be copied and must not be duplicated by any person.  The Design remains the property of Uprise Design + Drafting Inc. and cannot be re-used, or sold for re-use, regardless of changes or modifications to the Design.  The contribution to the Design from the purchaser, through ideas, photos, sketches, etc., does not entitle you to any ownership of the Design.  By accepting these Terms of Service, you agree that Uprise Design + Drafting Inc. has your permission to take pictures of the construction and final build of the Design and can use it for marketing and/or social media purposes. 

Copying, downloading, screenshotting or using any Design or any part of the Design as marketing material from this website is not authorized unless with our written permission.  The purchase of each Design is authorized for the right to use to construct a single structure only.  To use any Design more than once, you must contact Uprise House Plans to purchase a second (or multiple) license(s) and to receive a release and license for any additional or extended uses.  When purchasing the Service (an Uprise House Plan construction document), you will receive your file (PDF and/or DWG formats) delivered by email or other electronic means to the email address provided.  Uprise is not responsible for the loss or misplacement of these files.    The license to construct a single structure on a single lot only also entitles you the right to print drawings sets to distribute to required sub-trades and consultants for use on the licensed lot.  

 

The DWG format file is sold strictly for changes to the plan and compliance to any building code requirements.  The release of this file is not for the re-use of the Design.  Designs (either PDF format or DWG format) cannot be used or re-sold to another individual.  Designs cannot be copied or reproduced by any means unless specifically previously authorized in writing by us.

The DWG file format is sold strictly for changes to the Design by a qualified professional and must maintain compliance to any building code requirements.  The release of the DWG file format is not for the re-use, duplication or distribution of the Design.  Designs (either PDF format or DWG format) cannot be transferred or re-sold to another individual or company.  Designs cannot be copied or reproduced by any means unless specifically authorized by this licence.

 

All materials are provided 'as is.'  There are no warranties, either expressed or implied.  

 

Uprise is not responsible for any damages, including but not excluding any damages for loss of data or profit, or due to business interruption, from the use or inability to use the Design on Uprise House Plans internet site.  If Uprise House Plans, Uprise Design + Drafting Inc, or our authorized representative has been notified verbally or in writing of the possibility of such damage, we have no obligation to act or re-act on this situation.

  

Uprise does not warrant that there are no errors found in any Design, any part of the Design or in any other information or material, which could include, but not limited to, technical, typographical, or photographic errors.  Changes on the website, and all content of the website, may change at any time without notice and Uprise does not guarantee that these materials will be updated.  Uprise cannot guarantee that content of this website is accurate, complete and/or current.

 

Refer to Section 14 for additional information.

 

All Designs and dimensions must be reviewed by the owner/contractor before construction and they are solely responsible verifying and correcting any discrepancies between the Design and existing conditions prior to work being done.  Uprise is not responsible for the house plan fitting on the proposed building site, or within property lines, building setbacks, restrictive covenants or easement boundaries, etc.

 

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.


This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

 

Refer to Section 14 for additional information.

 

 

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our Services are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

 

SECTION 7 – LIMITED PRODUCTS OR SERVICES


Certain of our Services may be available exclusively online through our website. These Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Services that we offer. All descriptions of Services or pricing for our Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service product at any time. Any offer for any Service made on this website is void where prohibited.

 

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our website store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

 

SECTION 9 - OPTIONAL TOOLS


We may provide you with access to third party tools which we do not monitor and over which we do not have any control or input.


You acknowledge and agree that we provide access to such tools ”as is“ and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).


We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

 

SECTION 10 – THIRD PARTY LINKS


Certain content, products and services available via our Service may include materials from third parties.  Any related and/or linked websites that may be connected to Uprise House Plans may not have been reviewed, and the presence of these websites does not imply an endorsement of these sites.  Clicking on any of these links is at your risk.

 

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

 

 

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or the provision of our Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

 

SECTION 12 - PERSONAL INFORMATION AND PRIVACY POLICY


Your submission of personal information through the store is governed by our Privacy Policy.

 

 

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

 

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

 

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

 

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

 

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

You may withdraw your consent for us to contact you, or for the continued collection, use or disclosure of your information, at any time, by contacting us at uprise.houseplans@gmail.com.

 

We may disclose your personal information if we are required by law or by court process to do so or if you violate our Terms of Service.

 

Generally, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.  However, certain third-party service providers, such as payment gateways and other payment transaction processors or third parties to when you link from our website, have their own privacy policies in respect to the information that we are required to provide to them for your purchase-related transactions, or that they may receive when you access their website by a line from ours.  For these third parties, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these third parties.

 

Be aware that certain third parties may be located in or have facilities that are located in a different jurisdiction than either you or us.  If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

 

Once you leave our store or website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy.

 

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

 

SECTION 13 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website or the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

 

SECTION 14 – LIMITATION OF LIABILITY

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations that our Services are free of errors, or that any errors in the Service will be corrected.

 

(a)    Errors and Omissions.  Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

(b)    Service Interruption.  We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of our Services will be accurate or reliable.


You agree that from time to time we may remove our Services for indefinite periods of time or cancel our Service at any time, without notice to you.

 

(c)    Disclaimer of Warranties.  You expressly agree that your use of, or inability to use, our Services is at your sole risk. The service and all products and services delivered to you through our Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Uprise House Plans, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Services or any products procured using our Services, or for any other claim related in any way to your use of our Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Services or any content (or product) posted, transmitted, or otherwise made available via our Services, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

SECTION 15 - SEVERABILITY


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

SECTION 16 - TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate your use of our Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

SECTION 17 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

 

SECTION 18 - GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1685 Travertine Drive, Lake Country, BC, V4V2T4, Canada.

 

 

SECTION 19 - CHANGES TO TERMS OF SERVICE


These Terms and Conditions may be revised at any time without notice.  All users of this website are bound to the most current version, and covered by the laws of British Columbia.  You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

SECTION 20 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at uprise.houseplans@gmail.com.