By purchasing, accessing, referencing, or by otherwise using the tiny house plans or any other materials available on this website (the Licensed Product), you agree to these Terms and Conditions of Use. If you do not agree to the terms, do not buy or access the Licensed Product. The provisions below form the essential basis of our agreement between you (The Licensee) and Alek Lisefski (The Licensor).
1. CONDITIONS OF SALE
The purchase of tiny house plans from this website does not constitute a sale of the original documents. Alek Lisefski retains ownership of the Licensed Product and all copies made of the document, regardless of their format.
The Licensed Product contains construction drawings and 3D models (The Plans). Safe use of The Plans assumes general construction knowledge, including but not limited to framing, sheathing, window installation, roofing, electrical and plumbing knowledge. Do not attempt to build from The Plans without adequate construction knowledge and experience.
The Plans are offered as building guidelines and suggestions only. The Plans do not constitute legal construction documents. It is recommended to consult with your local building authority before the construction of any structure. Before beginning construction, always have a licensed architect or structural engineer sign off on your final plans.
The Purchaser or Licensee agrees to comply with all local codes and building regulations. At the time The Plans were created, all efforts were made for full adherence with recognized building codes. However, due to the variation of local and state building codes, and their constant revision and development, absolute conformance to the Licensees locality is impossible. The Licensor authorizes the sale and use of the Licensed Product upon the Licensees obligation and agreement to comply with all applicable code and regulation requirements.
The Plans are designed to satisfy generally accepted professional standards and practices. However, The Plans have been created without any knowledge or reference to the Licensee’s specific site or local codes. Site-specific conditions may include, but are not limited to frost line depth, seismic activity, soil bearing capacity, high wind zones etc. Code requirements may include, but are not limited to, safety requirements, such as, stair width, rise and run, emergency egress windows and routes, smoke and carbon monoxide detectors etc. Material strengths may also vary. It is the responsibility of the Licensee to ensure that the plans meet local codes and site-specific requirements.
The Licensee agrees to check and verify all dimensions and materials before construction. Due to regional variations, The Licensor cannot and does not guarantee the availability of any products or materials suggested or specified in the Licensed Product. The Licensee is solely responsible for any and all modifications to The Plans necessary to accommodate differences in available materials, to satisfy the Licensee’s personal needs, or to meet local building codes of other site-specific requirements.
These documents could include technical or other inaccuracies and errors. The Licensor assumes no liability for errors or omissions in these documents and reserves the right to make changes at any time. Alek Lisefski assumes no responsibility for any alterations made to the Licensed Product, nor does he make any warranties, either expressed or implied, in the use of the Licensed Product. Use of this Licensed Product is at the Licensee’s own risk.
Alek Lisefski and everyone who has been involved in the creation, development, production or delivery of the Licensed Product (Dana Hummel dba Tiny Mountain Homes, Gary Bute dba Tiny House Systems) shall not be liable for any direct, indirect, consequential, or incidental damages.
These Terms grant to you a non-exclusive, non-transferable license solely for your personal use. This license grants you the right to construct a single house only. You have the right to access electronically, use and display The Plans on up to two (2) workstations, as long as you are the sole owner of those workstations. Up to five (5) hard copies of the House Plans may be printed for your personal use only. Customizations must be confirmed by a licensed structural engineer and approved for use by your local building authority. A single back-up copy of the Licensed Product is permitted. Your rights in the Licensed Product shall be limited to those expressly granted in this Agreement. Any use which transcends the scope of this license shall be deemed to constitute a breach of this Agreement.
The Licensee shall not duplicate, share, sublicense, rent, lease, loan, distribute or use to create derivative works based on the Licensed Product in whole or in part. Any reproduction, without the express written consent from Alek Lisefski is strictly prohibited and is prosecutable by law. The Licensed Product is not to be used in a network, or in any other multiple use arrangement. Third parties are not to have electronic access to the Licensed Product. The Licensed Product is not to be used for commercial benefit, nor is the Licensed Product permitted for use by third parties for commercial benefit. Personal customizations (within the limits expressed by the LICENSE) are not to be shared with any third parties for commercial benefit. Third parties are not permitted to reverse engineer your house after its construction. The distribution of up to five (5) hard copies to contractors building a single house on your behalf is permitted. Except where expressly granted by this Agreement or with prior written consent from The Licensor, contractors must not use the Licensed Product to build any house other than the one house contracted by the Licensee. Upon completion of that house, all hard copies must be returned or destroyed. Noncompliance with the restrictions of this Section constitutes a breach of this Agreement.
No individual, company or group may share, sell or license The Plans to any other individual, company or group without prior written consent from the Licensor.
At this time, the only party authorized to sell or build from The Plans is Dana Hummel dba Tiny Mountain Homes, of British Columbia, Canada. This agreement grants Dana Hummel permission to sell the plans for his own commercial gain, only within Canada, and to Canadian citizens only. These terms also stipulate that Tiny Mountain Homes may build and sell completed homes using the The Plans, and/or homes using modified versions of The Plans. Dana Hummel dba Tiny Mountain Homes is the ONLY third-party granted unrestricted access to The Plans in order to build more than one home from the Plans. It is prohibited for any other entity to profit from the sale of The Plans or from the sale of structures built from The Plans, or any modified or customized version of The Plans.
5. TERM & TERMINATION
This Agreement commences as of the date upon which you pay the license fee. This agreement will be automatically terminated in the event you breach any term or condition of this Agreement. Exceeding the confines of the license shall constitute a breach of this Agreement. Upon any breach, the non-exclusive license granted to you shall be terminated, and you shall have no further right to access, electronically, use, display, print, reproduce, copy, or create archival back-ups of the Licensed Product.
You agree to pay an up-front license fee. The license fee is due and payable upon your acceptance of this Agreement. All sales are final. There shall be no refunds issued for any reason.
7. PROPRIETARY INFORMATION AGREEMENT
You agree to keep completely confidential and agree to the nondisclosure or publishing of the proprietary information in this document. Proprietary Information includes all non-public information related to the Licensed Product, including but not limited to trade secrets, design, technical drawings or blueprints, specifications, ideas and concepts. Proprietary Information does not include information which was (a) in your knowledge or possession prior to the purchase of the Licensed Product; (b) in the public domain; (c) disclosed to you by a third party with the right to make such a disclosure; or (d) developed by you independently.
8. LIMITED WARRANTY
We warrant that the electronic delivery format of the Licensed Product will be free of defects for a period of 7 days. Misuse of the Licensed Product in its electronic format will and does constitute a breach of this limited warranty. In such situations the Licensee will not receive a replacement copy of the Licensed Product as stated in the REMEDY.
9. DISCLAIMER OF ALL OTHER WARRANTIES
The Licensed Product is provided ‘as is’. Use of the Licensed Product is at your own risk. You solely assume all risk related to the construction of your house based on the Licensed Product. The Licensor makes no warranty that the Licensed Product (a) will satisfy the codes and regulations in your area; (b) that your actual costs will not vary from the estimated construction costs; (c) will remain accessible and free of technical problems; (d) will meet all your needs, or result in a satisfactory outcome; (e) will be accurate, current, complete and free from any errors.
ALL PRODUCTS AND SERVICES PROVIDED BY ALEK LISEFSKI AND DANA HUMMEL ARE PROVIDED “AS-IS”. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY ABOVE, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A SERVICE OR PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD OF SEVEN DAYS.
Upon notice (either electronic or written) from the Licensee of a defect in the delivery format of the Licensed Product, our liability and your exclusive remedy shall be to receive a replacement copy of the Licensed Product in the same electronic delivery format at no additional charge. The replacement copy of the Licensed Product shall remain warranted for the remainder of the original duration of the Limited Warranty.
You will, at your own expense, indemnify and hold Alek Lisefski, Dana Hummel and Gary Bute harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of the Licensed Product by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.
12. LIMITATION OF LIABILITY
The Licensor’s liability under this Agreement shall be limited to the total fees paid for the Licensed Product according to this Agreement. Under no circumstances shall the Licensor be liable for any incidental, consequential, indirect, and special or punitive damages. In addition, the Licensor shall not be liable for any lost profits, arising out of, or related to this Agreement, regardless if we have been informed of the possibility previously stated, and regardless of whether the claim is based on contract, tort, or another theory or cause of action.
Author: Alek Lisefski