TERMS AND CONDITIONS

This License is subject to the Paradigm Home Plan License and Home Configure Terms and Conditions included in this Agreement and the Master Services Agreement (MSA, available at myparadigm.com/legal/MSA).

The Home Plan License options include a license to the following products:

Home Plan Classic

Description
Plans: Provider will provide one set of Home Plans (.PDF format), including exterior elevations, dimensioned floor plan, foundation plan, roof plan, cross section, and plan details. Includes a one-time use of the Home Plan for a single construction.

Price: From $1,800.00

Price Per Additional Solved Plan Set of the Licensed Plan*: $1,500.00

 

Home Plan Plus

Description
Plans: Provider will provide one set of Home Plans (.PDF format), including exterior elevations, dimensioned floor plan, foundation plan, roof plan, cross section, and plan details. Includes a one-time use of the Home Plan for a single construction.

Marketing Materials: Provider will provide available turnkey marketing materials for use throughout the Term of the Agreement. Those materials include, at a minimum:

  • 2D floor plans
  • 3D image of each exterior elevation
  • Home Configure

Home Configure is a web-based virtual design experience that allows builders to inspire potential home buyers and generate leads by enabling visualization of products on interactive 3D models of their homes. In addition, the product allows contracted buyers to save their selections in a digital experience. Details are included in the Paradigm Home Configure – Home Plan License Appendix.

Price: $4,500.00

Price Per Additional Solved Plan Set of the Licensed Plan*: $1,500.00

 

Home Plan Unlimited

Description
Plans:  Provider will provide the most current version of the licensed plan’s master plan set. Provider will also provide at the Customer’s request, one set of Home Plans (.PDF format), including exterior elevations, dimensioned floor plan, foundation plan, roof plan, cross section, and plan details. Includes a one-time use of the Home Plan for a single construction.

Marketing Materials: Provider will provide available turnkey marketing materials for use throughout the Term of the Agreement. Those materials include, at a minimum:

  • 2D floor plans
  • 3D image of each exterior elevation
  • Home Configure

Home Configure is a web-based virtual design experience that allows builders to inspire potential home buyers and generate leads by enabling visualization of products on interactive 3D models of their homes. In addition, the product allows contracted buyers to save their selections in a digital experience. Details are included in the Paradigm Home Configure – Home Plan License Appendix.

Price: $6,000.00

Price Per Additional Solved Plan Set of the Licensed Plan*: $525.00

 

* Without extending the term of the Agreement and subject to the terms of this Agreement, the Customer may purchase the right to use the Home Plans for additional build(s) (each, an “Additional Use”). Upon purchase of an Additional Use, the Customer may build from the same solved plan set or request a new solve of the master plan set of their licensed plan. Customer will submit a service request for any Additional Use.

 

 

The following outlines details associated with the Home Plan Plus and Home Plan Unlimited packages:

  • Home Plan Plus and Home Plan Unlimited Customers will receive 12 months access to available marketing materials.

  • Marketing materials may differ by master plan set. At minimum, marketing materials will include a 2D floor plan and a 3D image of each exterior elevation.

  • Home Plan Plus and Home Plan Unlimited will receive 12 months access to Home Configure for the licensed master plan set as part of the marketing materials. Home Configure will include at minimum a configurable exterior of each elevation within a master plan set.

  • Home Plan Library master plan sets are licensed as-is at the time of licensing. All master plan set updates such as newly designed plan features, code updates, or plan options are available to active Home Plan Plus and Home Plan Unlimited license holders for the duration of their active license. Customers must have an active license to request a site-solved Home Plan.

  • Both the Home Plan Plus and the Home Plan Unlimited package will renew at the following prices:

    • $500 for continued access to the most up-to-date version of the master plan set.

    • $1500 for annual access to marketing materials and Home Configure. Customer must have an active license with access to the plan set to renew access to marketing materials and Home Configure.

 

The following outlines the assumptions and use requirements associated with this Agreement:

  • Grant of License and Use. Provider is the owner of, and has the right to license, certain Home plans (the “Home Plans”). Provider hereby grants to Customer a non-exclusive, non-transferable, non-sublicensable license in the United States to use a selected Home Plan during the Term within accordance of their license type. Home Plan Classic, Home Plan Plus and Home Plan Unlimited customers must have an active license to request a site-solved Builder Plan. Home Plan Unlimited customers may build from the master plan set, if permissible all applicable governing agencies while in license. Home Plan Unlimited customer may not build from the master plan set if their license has expired, terminated, or for any other reason is not in an active state.

  • Copyright Notices. The Customer may print sets of the Home Plan, as needed, to obtain permits and the construction of Customer’s project during the term of the Agreement. However, Customer shall ensure that use of the Home Plans is marked with appropriate copyright notices specified by Provider in a prominent position on such printed plans.

  • Modifications. The Home Plans may be used only in the form and in such manner as Provider specifically approves in writing (email is sufficient) in advance. Therefore, Provider must give written approval to any modifications to the Home Plans. Customer acknowledges that all right, title, and interest in and to the Home Plans, as well as any modifications made to the Home Plans are owned by Provider. If Customer acquires any rights in the Home Plans by operation of law or otherwise, Customer irrevocably assigns such rights to Provider without further action by either party.

  • Reservation of Rights. Provider reserves all rights not expressly granted to Customer under this Agreement. Except for the license granted in this Agreement, Customer acknowledges that all right, title, and interest in and to the Home Plans, as well as any modifications or improvements made by Customer are owned by Provider.

  • Site Specific Requirements. Although the Home Plan is intended to follow International Residential Building Code (IRC) requirements, the local building department or other governing agencies may have special requirements specific to the construction site area. For example, depth of foundation in relation to the frost line, differences in energy codes for building efficiency, wind loads in hurricane/tornado zones, snow loads in regions of the country where there is excessive snow, or local homeowner association requirements for construction. For these requirements, additional documents may be required from the Customer, an engineer, or local governing board and are not the responsibility of the Provider.

  • Seal. By default, the Home Plans are not signed, sealed, or stamped by professional engineers or architects. Local building codes, laws, regulations, or departments may require the Home Plans to be signed and sealed by a local engineer for building department submission.

  • Additional Services. Any other services are not included and are managed through separate Agreements.

 

The Customer is responsible to:

  • Engage any necessary professionals to review and/or adapt the plan for local code and site-specific requirements, including procurement of any necessary building permits. Home Plans have been drawn to meet generally accepted requirements. Plans are not specific to site or local codes, including site specific foundation requirements and design. The layout of electrical, mechanical, and plumbing systems can also change details.

  • Check all dimensions and details and verify conformance with governing code requirements for the geographic area in which the structure is to be built, prior to starting construction. All structural, mechanical, and electrical requirements shall also be reviewed with a licensed professional before construction begins. Codes govern over drawings, and dimensions govern over scale.

  • Ensure all work is in accordance with the latest edition of all applicable national, state, and local building codes. Also ensure that all work is conducted in accordance with the latest edition of all applicable construction standards.

  • Ensure all materials, equipment, and components used in construction are new and of good quality and that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated, and conditioned as per manufacturers requirements and as per industry standards. Follow all instructions to sustain and preserve all expressed or implied warranties and guarantees.

  • 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 dimension 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 Home Plans and require revised stair dimensions and framing. Customer shall verify all dimensions in field prior to any fabrication.

  • Perform or provide for construction supervision to ensure that construction conforms to the Home Plans. Provider has no responsibility for construction means, methods, techniques, sequences, procedures, or safety precautions in connection with the work.

  • Select and properly install all materials, including, but not limited to proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing, and many other small items and details not necessarily indicated on the Home Plans names of materials and manufacturers shown on the Home Plans do not represent an endorsement or recommendation by Provider but rather a guide.

  • Facilitate and coordinate all work performed by all trades i.e., plumbing contractor, electrical contractor, framing contractor, etc.

 

 

Paradigm Home Plan License Term & Termination

INITIAL TERM OF AGREEMENT: 1 Year commencing on the Effective Date.

RENEWAL TERM OF AGREEMENT*: 1 Year commencing on the one-year anniversary of the Effective Date.

UPON THE EXPIRATION OF THE INITIAL TERM OR ANY SUBSEQUENT TERM, RENEWAL FOR THE FOLLOWING SUBSEQUENT TERM (FOR SINGLE USE) SHALL OCCUR AUTOMATICALLY UNLESS EITHER CUSTOMER OR PROVIDER SENDS WRITTEN NOTICE OF NON-RENEWAL TO THE OTHER PARTY ON OR BEFORE THIRTY (30) DAYS PRIOR TO THE END OF THE THEN CURRENT TERM.*

Customer or Provider may terminate the License at any time with 30 days written notice. Termination by Customer requires payment of all outstanding services requested.

*Automatic renewal does not apply to Home Plan Classic.

 

Paradigm Home Plan License Payment Terms

The Home Plan License price will be due and payable at the time of order and Home Plan(s) will be delivered upon receipt of payment. All sales are final. PDF sets cannot be returned or exchanged for any reason.

Customer shall be responsible for and pay any sales, value-added, withholding, use, property, excise, service, or other similar taxes imposed by applicable law that Provider must pay based on the Service provided to Customer, except for taxes based on Provider’s income.

 

 

Paradigm Home Configure Service (Optional)

Use of the Paradigm Home Configure Service is subject to the Paradigm Home Plan License and Home Configure Terms and Conditions included with this Agreement.

(Pricing, Payment Terms, and Term & Termination are as described in the Home Plan License)

Service

Paradigm Home Configure is a web-based visualizer that allows builders to inspire potential home buyers and generate leads by enabling visualization of products on interactive 3D models of their homes. In addition, the product allows contracted buyers to save their selections in a digital experience.

 The Service comprises the functions described below: 

  1. Home configurator for marketing and inspiration, including 3D photorealistic model.

    1. Allows for the ability to capture a lead and share selections.

    2. Default product catalog as delivered by Provider used for visualizing ‘fit and finish’ options.

      1. In the event a local Builders FirstSource catalog exists for the Customer, the default catalog provided with Home Configure may display the local Builders FirstSource catalog, for available products pending availability.

    3. As an alternative to a default product catalog delivered by Provider or a local Builders FirstSource catalog, the Customer may request custom product catalog development via a separate statement of work not included within the scope of this agreement.

  2.  3D modeling of home plans

    1. Allows for the ability to navigate around the exterior. When available, interiors may also be a part of the Home Configure experience allowing for 360-degree views of certain interior spaces.

    2. Ability to see the exterior of the home in day and night mode.

    3. When available, ability to show select drawn options on the interior and exterior.

  3. The Customer portal for a co-designing experience

    1. Branded with Customer logo and contact information.

    2. Allows for the designers/sales team to login and see all licensed home plans.

    3. The interactive designing experience includes copying home plans, locking options, specifying favorites, and including a lot- specific link for the homebuyer.

 

 

Terms and Conditions for PARADIGM HOME PLAN License and Home Configure

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING CUSTOMER RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO CUSTOMER. PLEASE READ IT CAREFULLY. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, CUSTOMER ACCEPTS AND IS BOUND BY THESE TERMS AND CONDITIONS.

CUSTOMER MAY NOT ORDER OR OBTAIN PRODUCTS FOR SERVICES FROM THIS WEBSITE IF CUSTOMER DOES NOT AGREE TO THESE TERMS.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through Home Plan Library (the "Site"). These Terms are subject to change by WTS Paradigm, LLC (referred to as “Provider”) without prior written notice at any time, in Provider’s sole discretion. The latest version of these Terms will be posted on this Site, and Customer should review these Terms before purchasing any product or services that are available through this Site. Customer’s continued use of this Site after a posted change in these Terms will constitute Customer’s acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of Provider’s Site. Customer should also carefully review Provider’s Privacy Policy before placing an order for products or services through this Site.

 

2. Order Acceptance and Cancellation. Customer agrees that its order is an offer to buy, under these Terms, all products and services listed in the order. All orders must be accepted by Provider or Provider will not be obligated to sell the products or services. Provider may choose not to accept any orders in its sole discretion, even after Provider sends Customer a confirmation email with Customer’s order number and details of the items ordered. The date of order confirmation shall be the “Effective Date” of the Term.

 

3. Prices and Payment.

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in Customer’s order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to the merchandise total and will be itemized in Customer’s shopping cart and in Customer’s order confirmation email. Provider strives to display accurate price information, however Provider may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing. Provider reserves the right to correct errors, inaccuracies, or omissions at any time.

(b) Provider accepts Visa, MasterCard, American Express, Discover, PayPal, and Apple Pay for all purchases. Customer represents and warrants that (i) the credit card information Customer supplies is true, correct, and complete, (ii) Customer is duly authorized to use such credit card for the purchase, (iii) charges incurred by Customer will be honored by its credit card company, and (iv) Customer will pay charges incurred by Customer at the posted prices, including all applicable taxes, if any.

 

4. Disclaimer. The products including floor plans, video images, and artwork displayed at www.bldrplans.com are not blueprints for construction. Provider does not guarantee the accuracy of floor plans, renderings, and technical data. Floor plans should not be used as a guide to build a home or to secure a construction estimate.

 

5. WARRANTY OF NON-INFRINGEMENT. Customer represents and warrants that material or data Customer provides to Provider (“Customer Data”) under this license or service agreement and Provider’s receipt and use of such Customer Data does not infringe upon or misappropriate any third-party intellectual property rights.

 

6. NO WARRANTY FOR PRODUCTS OR SERVICES.

All products and services provided through the Site are “as-is.” Provider does not guarantee or warrant that products or services provided will be error-free. PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING, ANY (i) WARRANTY OF MERCHANTABILITY; OR (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE OR OTHERWISE.

 

7. Limitation of Remedy and Liability

CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTS PRODUCTS OR SERVICES SHALL BE TO REQUEST THAT PROVIDER RE-PERFORMS THE WORK OR SERVICE AT NO ADDITIONAL COST TO CUSTOMER. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT DAMAGES, LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF WHETHER PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ESSENTIAL PURPOSE.

 

8. Intellectual Property Use and Ownership. Customer acknowledges and agrees that:

(a) All uses of this Site of the terms, “sell,” “resell,” “resale,” “purchase,” “price,” and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to Customer and other prospective customers under the terms, conditions, and restrictions of the license above.

(b) Customer will not transfer, upload, or transmit to the Service, any information, data, blueprints, plans, or drawings that Customer does not have permission and authority to transfer, upload, or transmit to the Service or otherwise make available to Provider.

(c) Customer will indemnify, defend, and hold harmless Provider against all claims, suits, damages, and losses including without limitations attorneys’ fees arising out of third-party claims of infringement, misappropriation or other similar claims arising out of or resulting from Provider’s receipt, copying, modification or other use of Customer-provided materials, drawings, plans, blueprints, and the like.

(d) Provider will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation, or other materials, including but not limited to, all related copyrights, trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. Customer does not and will not acquire any ownership of these intellectual property rights in or to the products or services made available through this Site.

 

9. Privacy. Provider respects Customer’s privacy and is committed to protecting it. Provider’s Privacy Policy (available at www.bldrplan.com/privacy-policy/), governs the processing of all personal data collected from Customer in connection with Customer’s purchase of products or services through the Site.

 

10. Hosting Services. Hosting Services means the provision of hardware, systems, software, and infrastructure required to store and manage access to data. Provider will not be liable to Customer for any direct, indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data) related to lack of access to Hosting Services, even if a party has been advised of the possibility of such damages. Further, Provider will not be responsible for any compensation, reimbursement, or damages arising in connection with: (a) Customer’s inability to use Hosting Services, including as a result of any (i) termination or suspension of this agreement or Customer’s use of or access to Hosting Services, (ii) Provider’s discontinuation of any or all of the Hosting Services, or, (iii) without limiting any obligations under this Agreement, any unanticipated or unscheduled downtime of all or a portion of Hosting Services for any reason; (b) the cost of procurement of substitute Hosting Services; (c) any investments, expenditures, or commitments by Customer in connection with this Agreement or Customer’s use of or access to the Hosting Services; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Customer’s content or other data. The limitations in this section apply only to the maximum extent permitted by applicable law.

 

11. Customer’s Obligations.

(a) Customer shall use and maintain reasonable security precautions and take reasonable steps to prevent unauthorized access to the Service, including by protection login credentials.

(b) Customer may use the Service only for Customer’s own business purposes and shall not: (i) copy modify, publish, sell, export or distribute, transfer or perform or prepare derivative works of, reverse engineer, decompile or otherwise attempt to extract source code or source data from the Service; (ii) attempt to disable, circumvent or breach any security mechanisms used by the Service or otherwise attempt to gain unauthorized access to any portion or feature of the Service; (iii) use the Service in any way that knowingly infringes or violates any intellectual property rights or publicity/privacy rights; (iv) use the Service in violation of applicable laws.

(c) Customer may not use the Service if Customer is or becomes a competitor of Provider. Customer may not use the Service for competitive purposes including monitoring Service performance or functionality or for any other benchmarking or competitive purposes.

(d) Customer will not cause, induce, or permit others’ noncompliance with these terms and conditions.

 

12. Data. Provider may collect, use, and disclose de-identified aggregate information and de-identified aggregated data regarding the Service. Any information or data Provider compiles regarding the performance of the Service, purchasing behavior and analysis and compilations of aggregate data collected by Provider are considered proprietary information owned by Provider.

 

13. Marketing Material. By providing marketing materials to Customer, Provider does not imply that Customer owns those materials. Upon termination of this Agreement, Customer may no longer use the marketing materials provided. Customer’s failure to comply constitutes a violation of US Copyright and Provider’s intellectual property rights.

 

14. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; and (e) other events beyond the control of the Impacted Party. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

 

15. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin. Customer consents to personal jurisdiction in a court of competent jurisdiction located in Dane County, Wisconsin.

 

16. Waiver of Jury Trials. CUSTOMER AND PROVIDER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.

 

17. Assignment. Customer will not assign any of its rights or delegate any of its obligations under these Terms without Provider’s prior written consent. Any assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under these Terms.

 

18. No Waivers. The failure by Provider to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Provider.

 

19. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than Customer.

 

20. Notices.

(a) To Customer. Provider may provide any notice to Customer under these Terms by: (i) sending a message to the email address Customer provides or (ii) by posting to the Site. Notices sent by email will be effective when Provider sends the email, and notices Provider makes by posting will be effective upon posting. It is Customer’s responsibility to keep its email address current.

(b) To Provider. To give Provider notice under these Terms, Customer must contact Provider as follows: (i) by facsimile transmission to (608) 664-9295; or (ii) by personal delivery, overnight courier or registered or certified mail to WTS Paradigm, LLC 1850 Deming Way, Suite 120, Middleton, WI 53562. Provider may update the facsimile number or address for notices to Provider by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

21. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

22. Entire Agreement. Provider’s order confirmation, Home Plan License and Home Configure Service summary, these Terms, Provider’s Website Terms of Use and Provider’s Privacy Policy will be deemed the final and integrated agreement between Customer and Provider on the matters contained in these Terms.