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TERMS & CONDITIONS
Bite the Frost LLC makes no guarantee, warranty or representation as to the accuracy and completeness of the plans and/or services
developed by Bite the Frost LLC.
I. Extent of Agreement
i. This agreement comprises the final and complete agreement between the Purchaser (plan purchaser) and Provider (Bite the Frost LLC). It supersedes all prior or simultaneous communications, representations, or agreements, whether oral or written, relating to the subject matter of this Agreement. Amendments to this Agreement shall not be binding unless made in writing and signed by both the Purchaser and Bite the Frost LLC.
ii. In no event shall Bite the Frost LLC be liable to the Purchaser for indirect or consequential damages, including but not limited to, loss of profits or revenue, loss of use of equipment, loss of production, additional expenses incurred and claims of the customers of the Purchaser.
iii. Nothing contained on the plans and/or services developed shall be construed to conflict with applicable portions of any laws, ordinances, regulations, or codes.
iv. The Purchaser is responsible to assure the accuracy and compliance with all current codes and regulations that may be required in the applicable locations/ jurisdictions. Bite the Frost LLC does not guarantee compliance, as codes and regulations are constantly changed or updated and vary by location/ jurisdiction. It is the responsibility of the Purchaser to obtain any and all structural analysis, engineering and specifications that may be required in the applicable location/jurisdiction.
v. If any provision of this Agreement is or becomes invalid, illegal, or unenforceable in any respect, and if the rights and obligations of the parties to this Agreement will not be materially and adversely affected thereby (a) such provision will be fully severable; (b) this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (c) the remaining provisions of this Agreement will remain in full force and effect and not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (d) in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of this Agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provisions as is possible.
II. Disclaimer of Liability and Warranty
i. Bite the Frost LLC disclaims all warranties expressed or implied and is not liable for direct or indirect damages of any kind, including loss of anticipated profits, opportunity or other losses that may result though usage of plans or services developed by Bite the Frost LLC
ii. Plans and/or services developed by Bite the Frost LLC are approximate and diagrammatic, intended for illustration purposes only and are not liable for interpretation. Plans and/or services developed by Bite the Frost LLC should not be relied upon beyond the limit of what they show when printed at their intended scale. Do not scale drawings.
iii. These drawings utilize symbols and schematic diagrams to indicate various items of work. Therefore, no interpretation will be made from the limitation of symbols and diagrams that any elements necessary for the complete installation are excluded.
iv. The Purchaser should verify all conditions and measurements before construction.
v. Neither, Bite the Frost LLC or any of its associated designers will have any liability for loss, damage, or injury, resulting from the use of any information found on any plans and/or services developed by Bite the Frost LLC or found on Bitethefrost.com
vi. This disclaimer shall apply to all damages based upon any cause of action whatsoever asserted, including ones arising out of any breach of warranty, guarantee, product liability, negligence, tort, strict liability, or any other cause pertaining to the performance or non-performance of the Agreement by the Purchaser.
III. Intellectual Property
i. All floor plans, designs, renderings and other media advertised or sold by Bite the Frost LLC are property of Bite the Frost LLC. Disclosure, copying or distribution of plans and/or services developed by Bite the Frost LLC is prohibited.
ii. Intellectual property rights including copyright of the original work, plans and/or services produced by Bite the Frost LLC shall remain the property of Bite the Frost LLC. However, the Purchaser shall be entitled to use such plans and/or services under a non-exclusive license, subject to payment having been received by Bite the Frost LLC as a license fee. Bite the Frost LLC retains all rights, title and interest in its services and deliverables, including copyrights; however, upon payment of the agreed compensation, the Purchaser will be deemed to have been granted a non-exclusive, non-transferable, royalty-free, perpetual license to use the plans and/or services.
iii. The Purchaser may not sell, sublicense, assign, or transfer the purchased plans and/or deliverables provided by Bite the Frost LLC without the prior written consent of Bite the Frost LLC, nor may the Client reverse engineer or make derivative works from the plans and/or deliverables.
iv. Nothing contained herein is to be construed to give rights or license to provide design assist, productivity or development tools from the plans and/or services developed by Bite the Frost LLC.
i. Bite the Frost LLC is not liable for construction costs, the structural integrity, construction practices, site conditions, means or methods or unforeseen conditions of buildings built from plans and/or services developed by Bite the Frost LLC. Bite the Frost LLC provides home plans for construction purposes but does not oversee the construction and cannot verify that the structure is built to necessary standards.
ii. Purchaser or their agent(s) shall field verify all existing & proposed conditions, utilities and dimensions prior to commencing work as the locations of all items shown on the plans and/or services developed by Bite the Frost LLC are illustrative, diagrammatic, approximate and not definitely fixed by dimensions. Purchaser or their agent(s) shall verify all information noted and shall consult with all applicable disciplines prior to detailing, fabrication or construction.
iii. Bite the Frost LLC does not quote work.
iv. Bite the Frost LLC accepts no liability for any damages arising out of changes by Purchaser or their agent(s) to the plans or services developed by Bite the Frost LLC.
i. Bite the Frost LLC disclaims all warranties expressed or implied and is not liable for direct or indirect damages of any kind, for any use of information received/ contained via email. Email may contain information that is confidential and/or copyright material and disclosure, copying or distribution of such material is prohibited.
ii. Any opinion or other information received via email, residing on any website linked to by it, or within its attachments, that does not relate to the business of Bite the Frost LLC is personal to the sender and is not given or endorsed by Bite the Frost LLC. No responsibility is accepted for any action taken or not taken in reliance on the contents received via email or found on Bitethefrost.com
iii. The information contained via email, residing on any website linked to by it or in any attachment to it, is intended for the addressee only.
iv. Bite the Frost LLC disclaims all warranties expressed or implied and is not liable for direct or indirect damages of any kind, including loss of anticipated profits, opportunity or other losses that may result though usage of plans or services developed by Bite the Frost LLC
i. Payments are due at time of purchase.
ii. Bite the Frost LLC reserves the right to cease work in the case of breach of contract or the non-payment of fees.
iii. State and Local Sales, Use and License taxes will be billed at cost.
iv. All sales are final. There are no returns or exchanges of plans and/or service purchases.
VII. Third Party Beneficiary
i. Nothing in this Agreement shall confer or is intended to confer any right to enforce any of its terms on any person or cause of action in favor of, a third party against either the Client or Bite the Frost LLC.
ii. The plans and/or services under this Agreement are solely for the Client's benefit, and no other party or entity shall have any claim against Bite the Frost LLC.
iii. The Client shall at no time assign the benefit of this Agreement or any rights arising under it without the prior written consent of Bite the Frost LLC.
VIII. General Provisions
i. Purchaser acceptance of this Agreement shall occur prior to purchase, download or receiving of any plans and/ or services provided by Bite the Frost LLC.
ii. Except as otherwise set forth in this Agreement, any notice, consent, approval, demand, report or other communication required or permitted to be given, made or provided for under this Agreement shall be in writing and deemed to be fully given by its delivery personally or by its being sent by telefacsimile, E-Mail or comparable electronic system, sent by registered mail or certified mail, return receipt requested, or its being sent by national courier to the principal place of business of Company or to the address set forth in Schedule A, or to such other address or such other Person as any party hereto shall hereafter specify by written notice to the other parties hereto. Any notice given by telefacsimile, E-Mail or comparable electronic system shall be effective one (1) Business Day after transmission. Any notice given by mail shall be effective three (3) Business Days after deposit in the mail. Any notice given by national courier shall be effective upon the Business Day after the specific delivery time requested. Any notice given by personal delivery shall be effective one (1) Business Day after delivery.
iii. All "Article" and "Section" captions in this Agreement are for convenience only. They shall not be deemed part of this Agreement and in no way define, limit, extend or describe the scope or intent of any provisions hereof. Except as specifically provided otherwise in this Agreement, references to "Articles" and "Sections" are to Articles and Sections of this Agreement.
iv. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa. The terms “including” and “includes” as used in this Agreement shall denote partial definitions. The term “person” as used in this Agreement shall mean a natural person or an entity as the context shall require.
v. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors, legal representatives and permitted assignees.
vi. This Agreement, including any attachments hereto are hereby incorporated herein, made integral parts hereof and constitute the entire agreement among the parties hereto pertaining to the subject matter hereof and this Agreement supersedes all prior agreements and understandings pertaining thereto.
vii. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of or acquiescence by the party in any such breach or any other covenant, duty, agreement or condition nor shall impair any such right, power or remedy accruing to such party. No waiver by a party of any single breach or default under this Agreement shall be construed as a waiver by the party of any other breach or default occurring before or after that waiver.
viii. This Agreement may be executed in any number of counterparts and by different parties to this Agreement in separate counterparts, all of which together shall constitute an agreement binding on all the parties hereto, notwithstanding that all such parties are not signatories to the original or the same counterpart. Each of these counterparts when so executed shall be deemed to be an original and all such counterparts taken together shall constitute one and the same agreement. Each party shall become bound by this Agreement immediately upon affixing such party's signature hereto, independently of the signature of any other party. Furthermore, facsimile signatures of the parties hereto shall be binding.
ix. This Agreement shall be construed in accordance with and governed by the domestic laws of the State of Vermont, including but not limited to the Act and without regard to any principles of choice of laws or principles of conflict of laws or rules whether of the State of Vermont or of any other jurisdiction that would cause the application of the laws of any jurisdiction other than the State of Vermont. Any legal action brought to enforce or construe this Agreement shall be brought in the courts located in Chittenden County, Vermont, and the parties hereby irrevocably accept and agree to the jurisdiction of such courts and agree that they will not invoke the doctrine of forum non conveniens or other similar defenses and accept the personal jurisdiction of those courts in any such suit. The losing party in any action arising herefrom shall be liable to the prevailing party for all costs reasonably incurred by the prevailing party including but not limited to reasonably attorney’s fees.
x. No party hereto shall assign any of its rights or delegate any of its duties under this Agreement to any third party except with the consent of the other parties to this Agreement, which consent these other parties shall not unreasonably withhold.
xi. Each party acknowledges and agrees that it will receive valid and adequate consideration for its undertaking under this Agreement.