Simply Inspired Co., LLC
1. User's Acknowledgment and Acceptance of Terms
You must be at least eighteen (18) years of age to use our services.
2a. Description of Services for House Plans
We make various products and services available on this site including, but not limited to, a marketplace for its users to a set of documents for pre-designed home plans for use in building single-family residential homes. Fees and details of designs for the various designs are set out in the membership and product fees described elsewhere in this site.
All house designs on our site comply with 2012 International Residential Code, published by the International Code Council. Simply Inspired Co., LLC does not assume any responsibility for adhering to your local and state codes. It is the your sole responsibility to determine the necessary local and state codes applicable to your locality and for which the designs may need to be adjusted in order to be in compliance.
You understand that we do not provide any services in relation to the designs available for purchase on our site, including but not limited to building services or other professional services such as Geotechnical Engineer’s soils report, Structural Engineer for foundation and framing design. We strongly encourage you to work with professionals in the implementation of any designs purchased on our site.
House Designs purchased through our site do not include any modification requests. Any changes to the designs as purchased are done at your own risk. We will entertain requests for modifications and may accept or deny the service request at our sole discretion.
You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays, and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
All Designs that are created or prepared by the Simply Inspired Co., LLC are for the sole use of Owner with respect to this project but remain the intellectual property of the Simply Inspired Co., LLC. The Simply Inspired Co., LLC shall be deemed the author and owner of all such Designs and shall retain all common law, statutory and other reserved rights, including copyrights. All Designs created by the Simply Inspired Co., LLC are protected under copyright law to the benefit of the Simply Inspired Co., LLC. Under no circumstances shall the Designs be considered a “work made for hire” for any party. Simply Inspired Co., LLC has the right to sell or use any of the Designs or any residential house plan that has been designed for Owner on all platforms of social media, personal website and any physical retail store location without notice or other consideration or remuneration to the Owner.
Reproduction of the Designs by any means is strictly prohibited unless specifically permitted in writing by the Simply Inspired Co., LLC. In any event in which Designs are used by the Owner, the following conditions shall apply: The Designs cannot be altered in any way. The name, logo and website address of the Simply Inspired Co., LLC must remain on all items as originally presented and cannot be removed or altered. Exception to these conditions must be granted in writing by the Simply Inspired Co., LLC. In the event that the Simply Inspired Co., LLC grants permission to the Owner for alterations to be made to the Designs, the Owner must submit the alterations to the Simply Inspired Co., LLC for approval and must abide by the following guidelines: the name, logo, website address, and phone number of the Simply Inspired Co., LLC must be clearly visible and cannot be less than a fourteen (14) point font size. Any party who fails to abide by this clause will be held legally responsible for all damages recoverable at law or equity.
Pursuant to all conditions above, upon payment of all sums due under this Agreement, the Simply Inspired Co., LLC grants to the Owner a nonexclusive license to reproduce the Designs in order to further and execute the Project, such reproductions to be used solely for purposes of developing, permitting, constructing, and maintaining the Project, provided that the Owner complies with all other obligations of this Agreement. The Owner shall be permitted to authorize the Owner’s contractor, subcontractor, sub-subcontractors and material and equipment suppliers to reproduce applicable portions of the Designs as necessary and appropriate to complete the Project. Submission or distribution of the Designs to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as a publication in derogation of the reserved rights of the Simply Inspired Co., LLC. Upon any termination of this Agreement prior to completion of the Project, this license to reproduce will terminate and the Owner shall refrain from making further reproductions of the Designs and shall return to the Simply Inspired Co., LLC all originals and reproductions of the Designs in the Owner’s possession or control.
Simply Inspired Co., LLC is a residential design service and is responsible for residential concepts only. Owner specifically agrees that no concept or Designs designed by Simply Inspired Co., LLC shall be used for commercial purposes without the specific written consent of Simply Inspired Co., LLC. All dimensions, quantities, methods, and details used in the actual construction process shall be verified and coordinated by a licensed general contractor, architect, structural engineer, and/or other experts. Simply Inspired Co., LLC is not responsible for final dimensions, structural elements, headroom heights or actual field conditions due to the differing modes of construction and varying types of materials used by constructors. Simply Inspired Co., LLC shall not be liable whatsoever for any defect in soil/site conditions, materials used for construction, building processes, construction techniques, structural integrity, overall stability or habitability of the Project, visual defects, acts performed by others, or safety or other conditions beyond its control or for non-compliance with or violations of any local, state or federal building or other codes, regulations and/or laws. Unless commissioned by Owner, Simply Inspired Co., LLC does not provide engineering, mechanical, civil engineering, and electrical services. It is the responsibility and liability of the general contractor and/or Owner to consult qualified professionals for the services Simply Inspired Co., LLC does not provide.
The Owner releases, holds harmless and absolves the Simply Inspired Co., LLC of any responsibility for the completeness or accuracy of the Designs due to the possibly of events beyond the Simply Inspired Co., LLC’s reasonable control since Simply Inspired Co., LLC will not be building/constructing the Project. In addition, the Owner shall indemnify and hold harmless Simply Inspired Co., LLC against any claim by a contractor or builder in regards to the Designs and specifications designed by Simply Inspired Co., LLC.
2b. Description of Services for Products and Furnishings
We offer various products and home furnishings on this site including, but not limited to, a marketplace for its users to metal words, metal signs, handcrafted barn wood decor, candles, lighting, mirrors. Details of designs for the various designs are set out in the membership and product fees described elsewhere in this site. We try to represent color and qualities of each product on our site, within each listing description. We cannot guarantee that the display on your device screen will accurately depict the color and qualities.
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. All descriptions and prices for our products and services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service, or to refuse any order you place with us, at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our websites will meet your expectations, or that any errors will be corrected.
Most of our products are handcrafted by our team. We use various barn wood that has been kiln dried, however some of the wood could contain lead-based paint. Products that are handcrafted may vary from the listing photo slightly.
3. Payment of Fees
Products and House Plans can be purchased for a flat fee. For all charges for products on this site, we will bill your credit card through a third-party service provider. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number and any other information requested to appropriately process any such transaction.
We accept certain credit cards through our site. Your credit card may not be one of the authorized cards accepted through our site. We also use third party payment technology and processing services, such as PayPal, to process payment methods. You understand and agree that such payment methods and services available on this site are provided “AS IS” and that we assume no responsibility for breaches in security, deletion of stored information, or disruptions in network transmissions.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your order and require you to pay the overdue amount by other means acceptable to us.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
4. Refund Policy
5. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, commercial solicitation, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
(f) Attempts to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or any of their content;
(h) Impersonates any person or entity, including any of our employees or representatives; or
(h) Any other activity that in the sole judgment of Simply Inspired Co., LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Simply Inspired Co., LLC or its users to any harm or liability of any type.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your use of our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Reviews & Testimonials
All reviews must be based upon actual first-hand experiences with the site services you are reviewing and must be accurate, truthful and complete in all respects. Reviews which contain hyperlinks are not permitted and may be removed by our site at any time without notice to you.
7. Mobile Device and Services
Simply Inspired Co., LLC provides certain services available via mobile device including the ability to browse goods or services and site from a mobile device. By accessing and using our site on your mobile device, you acknowledge and agree that you may receive certain communications from us (such as SMS, MMS, text messages, mobile e-mails, or other electronic communications means). Delivery of our services may only be available where network is available.
You understand and agree that by accessing and using our Mobile Services, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees, including for text messages and data. You understand and agree that your carrier's normal rates and fees, such as text messaging and data charges, will still apply, regardless of whether or not we charge a fee for our services. Not all features of our site may be available with all carriers or devices.
8. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
9. Intellectual Property Information
Copyright © 2018 Simply Inspired Co., LLC All Rights Reserved.
Each purchase is only authorized for one single residential build on the property address provided by you at the time of purchase. If you wish to repeat a build, transfer a purchased design to a different property address, or use a design more than once, you must purchase an additional license or obtain our written authorization. For inquiries related to licenses of our designs, please contact Simply Inspired Co., LLC.
Neither we nor our Affiliates warrant or represent that your use of materials obtained through this site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
10. User's Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance.
We respect the intellectual property of others and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement: Michael or Patti Brown, Simply Inspired Co., LLC.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
11. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, COMPLETE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Under no circumstances will Simply Inspired Co., LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through this site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY OF USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE AND/OR ANY ACT OR OMISSIONS OF YOU, US, ANY MEMBER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS THROUGH OUR SITE OR ANY DESIGN PLAN(S) YOU HAVE RECEIVED.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
15. Export Controls
Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.
16. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing the site from territories where the contents of the site are considered to be illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
17. Termination of Use
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the site, by mediation. Simply Inspired Co., LLC, shall choose the mediator and all mediation proceedings shall take place in Springfield, Missouri. In the event a dispute is not resolved via mediation, all suits should be filed in accordance with section 20, below.
19. Governing Law
We and Affiliates located within the State of Missouri, United States of America, control this site (excluding any linked sites). This site can be accessed from all 50 states in the United States of America, as well as from other countries around the world. As each of these places has laws that may differ from those of Missouri, by accessing this site, you agree with us that the statutes and laws of the State of Missouri, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at www.simplyinspiredco.com or by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance. Such broadcasts shall constitute notice to you.
21. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this site or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non- delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
23. Contact Information