Terms of Use

Last Updated: August 08, 2023

 

Agreement to Terms of Use.

These are the terms of use for the purchase of any Service from Kit & Cabana and are a binding contract between the Purchaser and Kit & Cabana.

Kit & Cabana is owned and operated by Chad Castellano (referred to as “Kit & Cabana”, “we” or “us”) and provides the www.kitandcabana.com website (the “Site”) and all site-related products and services (collectively, the “Service”) to you, the purchaser (referred to as the “Purchaser”, “you” or “your”).

By purchasing any product from Kit & Cabana, or by purchasing any product license from Kit & Cabana, the Purchaser hereby accepts these Terms of Use, which constitutes the entire agreement between Kit & Cabana and the Purchaser and supersedes all prior communications, negotiations, representations, understandings and agreements (whether oral or written) which are made prior to the date of acceptance.

PLEASE READ THE TERMS OF USE CAREFULLY. BY USING THE SITE, LICENSING OR PURCHASING ANY SITE-RELATED PRODUCTS OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF USE.

 

Updates.

Kit & Cabana reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The “Last Updated” date at the top the Terms of Use indicates when the latest changes were made to the Terms of Use, and such changes shall be deemed effective immediately upon notice thereof. Your continued use of the Site after posting such changes shall be deemed to constitute your acceptance of such changes. You are expected to review these Terms of Use periodically and to check the “Last Updated” date at the top of the Terms of Use for the most current version. As long as you comply with these Terms of Use, Kit & Cabana grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

Age of Consent.
By using this Site, you represent that you are at least the age of majority in your province or state of residence. Use of the Service by anyone under this age is a violation of the Terms of Use.

 

Intellectual Property.

You acknowledge that all home plans, designs and other content published and made available on our Site and through the Service is the exclusive property of Kit & Cabana and is protected by Canadian and international copyright and other intellectual property laws. This content includes, but is not limited to, images, text, graphics, logos, documents, downloadable files, blueprints, drawings, plans, videos and other files, and the selection and arrangement thereof (collectively, “Content”). Except as expressly authorized by the Terms of Use, you may not copy, reproduce, distribute, republish, download, display, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Kit & Cabana. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial resale purposes. Kit & Cabana reserves the right to enforce its intellectual property rights fully under the law.

 

Before Making Purchases.

You acknowledge that there is important information to consider before licensing or purchasing any Kit & Cabana or Site-related products or services. Kit & Cabana’s Site-related products and services include the sale of downloadable house plans. You acknowledge that you have familiarized or will familiarize with the process of licensing or purchasing the types of products and services available on the Site, including, without limitation, by consulting your local building department, builder, architect, engineer or other construction professional.

 

License for Use of the Drawings.

When you (the “Purchaser”) purchase a license (“License”) for downloadable home plans (the “Drawings”), from Kit & Cabana the following terms shall apply:

a. Upon purchase of a set of Drawings, Kit & Cabana hereby grants the Purchaser a limited, non-exclusive, non-transferable License to use the Drawings for the construction of one individual home (the “Project”), and to modify and reproduce the Drawings solely to the extent required for purposes meeting the requirements of your specific local building codes, ordinances or regulations in completing the Project.

b. Your use of the Drawings is solely and exclusively under a limited license granted herein and you will not obtain any ownership interest therein through the Terms of Use or otherwise. All rights not expressly granted herein by Kit & Cabana to you are fully reserved by Kit & Cabana.

c. The Drawings, or any copies of the Drawings, must not be used to construct an additional home or homes, without the purchase of an additional License for each additional home to be constructed.

d. Neither the Drawings, the License, nor any copies, modified drawings, or derivatives of the original Drawings are transferable to a third party, and may not be offered for sale or transfer to a third party, even if no Project has been constructed. No License to construct a home is granted implicitly or explicitly, except by purchase of a License from Kit & Cabana.

e. Purchase of a License from Kit & Cabana permits duplication of the Drawings for use by the Purchaser’s third party contractors, subcontractors, suppliers, and consultants engaged by the Purchaser, as required in order to complete construction of the Project. No third party shall use the Drawings, in whole or in part, for any project outside the scope of the Purchaser’s Project. No third party shall own or claim a copyright in the Drawings. Use of the Drawings by any person or entity shall not be construed to create a contractual relationship of any kind between Kit & Cabana and any third party. Use of the Drawings by any third party shall be at the user’s sole risk.

f. Purchase of a License from Kit & Cabana permits modifications to the Drawings by the Purchaser, or by the Purchaser’s third party contractors, subcontractors, suppliers, and consultants engaged by the Purchaser, as required in order to comply with the specific performance and regulatory requirements of the Purchaser’s intended jurisdiction of construction. The Purchaser hereby acknowledges and agrees that Kit & Cabana shall not be responsible for any modifications made to the Drawings by the Purchaser or any third party. Any and all modifications to the Drawings are considered derivatives of the original Drawings and receive the same copyright protection, even if completely redrawn. In no event shall Kit & Cabana be responsible for any damages, or other liability of any kind arising in consequence of any modifications of the Drawings. Any and all use of modified Drawings by the Purchaser, or any third party, is hereby done at their own risk.

 

Content of the Drawings.

a. Scope of the Drawings: The Drawings have been prepared prior to sale and without prior knowledge of the final Project location. The Drawings indicate only basic construction layouts, locations, dimensions, types of materials, and general methods of assembling or fastening. Users are advised to review the Drawings with a local professional architect, engineer, or other appropriate building professional prior to construction. Users acknowledge that all materials, means and methods of construction necessary to complete the Project are not necessarily delineated or described on the Drawings. Additional details and/or modifications may be necessary to meet applicable engineering requirements, building codes, ordinances, and local climactic and geographical design criteria. The Drawings are not a substitute for professional advice, and in all cases, users are responsible for how the Drawings are used or applied.

b. Building Codes and Regulations: All local building codes and bylaws in the jurisdiction of the Project shall take precedence over the Drawings. Building requirements, building codes, zoning requirements, and regulatory requirements will vary for every jurisdiction and are continuously being updated and changed. Therefore, due to differences in time and place, and continuing changes in regulatory requirements, the Purchaser acknowledges that the Drawings may require modifications by a local building professional in order to comply with the Purchaser’s local regulatory requirements. Kit & Cabana does not represent or warrant that the Drawings will be suitable for construction under the building code of your intended jurisdiction for construction.

c. Electrical, Plumbing and HVAC: The Drawings do not include any detailed electrical, plumbing and HVAC drawings due to the wide variety of local codes and climactic conditions. The Purchaser should have a local trade contractor or engineer provide these drawings and details as may be required for construction.

d. Surveys: It is the Purchaser’s responsibility to provide all on-site surveys required to establish site boundaries, foundation layout, and confirmation of elevation lines and levels as necessary for construction. All surveys shall be prepared by a licensed surveyor and approved by authorities having jurisdiction prior to construction.

e. Structural Information and Engineering: Structural information on the Drawings is to be used as a guideline only. The Drawings indicate only basic layouts and locations of structural components and do not include comprehensive engineering details and calculations. Prior to construction, it is the Purchaser’s responsibility to review the Drawings with a local professional engineer licensed in the jurisdiction of the project. The Designer shall not be responsible for engineering information, or for variances between the Drawings and the engineer’s drawings, notes, and specifications.

f. Architectural and Engineering Stamps and Seals: Purchase of a License from Kit & Cabana does not include a stamp or seal from a licensed architect or engineer on the Drawings. Some jurisdictions may require the Drawings to be re-drawn and sealed by a design professional licensed in the jurisdiction of the Project. For Ontario residents, the Drawings do not include a BCIN # required for local building permit submissions. It is the Purchaser’s responsibility to engage a local architect, engineer, or other professional consultants as may be necessary, to review, revise and stamp the Drawings for construction purposes.

g. Product Images: All product illustrations, graphic renderings, computer-generated images, and animations, produced by Kit & Cabana are artistic interpretations provided for illustrative purposes only. Finishing details including, but not limited to, site design, landscaping, swimming pools, furnishings, colour selections, and interior design features may be depicted in product images, and are not necessarily included on the Drawings. Actual finished construction details may vary from depicted product images and illustrations.

 

Notice and Waiver.

KIT & CABANA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KIT & CABANA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KIT & CABANA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIT & CABANA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY KIT & CABANA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KIT & CABANA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

In addition, when purchasing the Drawings from Kit & Cabana, the Purchaser hereby acknowledges and agrees that the Drawings provided by Kit & Cabana are design drawings only and are not intended to be complete in all respects and details.

The Purchaser expressly understands and agrees that the Drawings are provided AS IS and WITH ALL FAULTS.

ALL MATERIALS, MEANS AND METHODS OF CONSTRUCTION NECESSARY TO COMPLETE THE PROJECT ARE NOT NECESSARILY DELINEATED OR DEPICTED ON THE DRAWINGS, AND ADDITIONAL TECHNICAL SPECIFICATIONS OR CONSULTING SERVICES, (INCLUDING, WITHOUT LIMITATION, STRUCTURAL AND OTHER ENGINEERING SERVICES, SURVEYS, OR MODIFICATIONS TO THE DESIGN SET OUT IN THE DRAWINGS) WILL BE REQUIRED BY THE PURCHASER TO ENSURE THAT THE DRAWINGS COMPLY WITH THE SPECIFIC PERFORMANCE AND REGULATORY REQUIREMENTS OF THE PURCHASER’S INTENDED JURISDICTION OF CONSTRUCTION.

KIT & CABANA DOES NOT WARRANT THAT THE DRAWINGS, DETAILS, OR ANY INFORMATION PROVIDED IS ACCURATE, RELIABLE, OR CORRECT; AND THAT THE DRAWINGS WILL MEET THE PURCHASER’S REQUIREMENTS, OR BE SUITABLE FOR CONSTRUCTION UNDER THE APPLICABLE BUILDING CODE OF THE PURCHASER’S INTENDED JURISDICTION FOR CONSTRUCTION. TO THE EXTENT PERMITTED BY LAW, KIT & CABANA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

Liability and Limit of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIT & CABANA WILL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE AND/OR ANY KIT & CABANA PRODUCT OR SERVICE (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF KIT & CABANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KIT & CABANA WILL NOT BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE TOTAL AMOUNT PAID TO KIT & CABANA HEREUNDER DURING THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

 

Terms of Sale.

The purchase of any downloadable product from Kit & Cabana is a final sale. Kit & Cabana does not offer refunds, returns, or exchanges on any downloadable materials or Drawings.

 

Accounts, Passwords and Security.

Certain features or services offered on or through the Site may require you to open an account (including personal information and a password). You are responsible for maintaining the confidentiality of the password and account, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Kit & Cabana immediately of any unauthorized use of your account or password, or any other breach of security. You agree to be responsible for all charges, if any, resulting from the use of your account, including charges resulting from unauthorized use of your account. You may not use another person’s Kit & Cabana ID, password or account without the express permission and consent of the holder of that password or account. Kit & Cabana cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Linked Sites.

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Kit & Cabana’s control, and Kit & Cabana is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Your use of any third-party Linked Site is at your own risk.

 

Indemnification.

The Purchaser shall indemnify and hold harmless Kit & Cabana from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings in respect of claims by a third party. This indemnification shall survive completion of this License Agreement.

 

Violation of these Terms of Use.

Kit & Cabana reserves the right at all times to disclose any information that Kit & Cabana deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You agree that Kit & Cabana may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

You agree that Kit & Cabana will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

Governing Law.

This License Agreement and all matters arising from or in connection with the Terms and Conditions of this License Agreement, are governed by and are to be interpreted, construed, and enforced in accordance with the laws of British Columbia and the laws of Canada applicable in British Columbia, excluding any rule or principle of conflicts of laws that may provide otherwise.

 

Dispute Resolution.

a. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

b. Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration by a single arbitrator located in Vancouver, British Columbia. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. The arbitration shall be commenced and conducted under the British Columbia Arbitration Act, or where a Party is based in a jurisdiction outside Canada, under the British Columbia International Commercial Arbitration Act. Under the Arbitration Act, when parties cannot agree on an arbitrator the Vancouver International Arbitration Centre (VanIAC) is the designated appointing authority. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Each party shall assume its own costs of arbitration.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

 

Void Where Prohibited.

Kit & Cabana administers and operates the www.kitandcabana.com Site from its location in Nanaimo, British Columbia, Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Kit & Cabana reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Miscellaneous Provisions.

a. These Terms and Conditions represent the entire and integrated agreement between Kit & Cabana and the Purchaser and supersedes all prior negotiations, representations, understandings, or agreements, either written or oral.

b. No amendment, waiver, or other modification of any of the Terms and Conditions of this agreement shall be effective unless specifically agreed to in writing by Kit & Cabana.

c. If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this License Agreement and the other provisions shall remain in full force and effect.

d. The Purchaser shall not assign this License Agreement or any interest herein to any third party without Kit & Cabana’s prior written consent.

e. The Terms and Conditions of this License Agreement shall be binding upon and enure to the benefit of each of the parties hereto and their respective partners, successors, legal representatives, and permitted assigns with respect to all covenants of this agreement.

 

Customer Service.

If you have any questions or concerns regarding these Terms of Use, please contact us.

The information contained in this web site is subject to change without notice.
Copyright © 2022-2023 Kit & Cabana. All rights reserved.
Kit & Cabana, 409 Machleary Street, Nanaimo, BC, Canada V9R 2H1.

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