Standard Terms of Use

These Standard Terms apply to the use of all drawings, tools, templates, and field guides (referred to as the “Materials”) provided by Talbot Assets Holdings Corp. doing business as gentlehomesco (referred to in these Standard Terms as the “Supplier”) to customers purchasing the right to use the Materials (each one of which is referred to in these Standard Terms as the “Customer”).

By way of summary, these Standard Terms restrict the Customer to the use of the Materials for conceptual inspiration only in the design of one building for the personal use of the Customer, with no liability (responsibility) of the Supplier for anything to do with the Materials and all liability (responsibility) on the Customer to ensure the appropriate use of the Materials and to retain (hire) the appropriate licensed professionals in the jurisdiction where the Customer intends construction to occur (referred to in these Standard Terms as the “Customer’s Licensed Professionals).

USE OF THE MATERIALS

1. Permitted Use: The Customer may use the Materials for conceptual inspiration only in the design of one building for the personal use of the Customer (referred to in these Standard Terms as the “Customer’s Project”). 
   
   
2. Conceptual Use Only: The Supplier is not licensed in architecture, engineering, or construction by the regulations of any governmental authority. The Materials are not comprehensive architectural or construction documents and are not intended to be used directly for construction without the oversight of the Customer’s Licensed Professionals. Any specifications given on the Materials are for illustrative and inspirational use only and are not intended to operate as a blueprint or instructions to the Customer for actual construction. The Customer must retain the Customer’s Licensed Professionals to ensure compliance with local codes, regulations, and site-specific conditions.
   
   
3. Ownership and Copyright: The Materials remain the intellectual property of the Supplier and are protected under international copyright law. The Customer must not use the Materials except for the conceptual use permitted by these Standard Terms and, without restricting the generality of the foregoing, must not:
   
   
1. Use the Materials to construct any building without the oversight of the Customer’s Licensed Professionals or without retaining any such licensed professionals;
2. Use the Materials to construct more than one building;
3. Use the Materials to construct a building for any use other than personal use;
4. Duplicate, resell, transfer, or distribute the Materials except for duplication or distribution to the Customer’s Licensed Professionals who necessarily need to review the Materials; or
5. Modify the Materials, except by the Customer’s Licensed Professionals as necessary for the construction of the Customer’s Project.
   
   
4. No Transfer: The Customer may not transfer or assign the rights to use the Materials to any other person or entity.  
   
   

LIABILITY

1. No Liability of Supplier: The Supplier assumes no liability whatsoever regarding the Materials including, without limiting the generality of the foregoing, any errors, omissions, or deficiencies in the Materials or for any damages, costs, or losses resulting from the Materials that may arise under any statute, legislation, civil code,  common law, or equity.
   
   
2. No Representations and Warranties by Supplier: The Supplier makes no representations or warranties, express or implied, regarding the Materials and, without restricting the generality of the foregoing, the Supplier makes no representations or warranties as to the accuracy or completeness of the Materials or as to the suitability of the Materials for the Customer’s Project.
   
   
3. Liability of Customer: The Customer assumes all liability and responsibility for the Customer’s use of the Materials and the Customer will indemnify the Supplier (pay for all damages and costs to the Supplier) for any claims, damages, costs, or any losses whatsoever resulting from the Customer’s use of the Materials. Without restricting the generality of the foregoing, the Customer shall be solely responsible for:
   
   
1. Determining the licensed professionals required for the construction of the Customer’s Project to be retained as the Customer’s Licensed Professionals, which professionals may include architects, engineers, contractors, electricians, plumbers, carpenters, and all other relevant tradespeople and technicians;
   
   
2. Ensuring compliance with all local regulations, site-specific conditions, building codes, and all other law applicable to the Customer’s Project in the jurisdiction intended for construction;
   
   
3. Determining any site-specific conditions, variances in building materials, zoning restrictions, or climate restrictions that may impact the use of the Materials and instructing the Customer’s Licensed Professionals accordingly;
   
   
4. Supplementing the Materials with additional drawings and specifications (e.g., plumbing, electrical, heating, ventilation, etc.) produced by the Customer’s Licensed Professionals and as may be required for local regulations, site-specific conditions, building codes, and all other law applicable to the Customer’s Project in the jurisdiction intended for construction;
   
   
5. Ensuring that the Customer’s Licensed Professionals are appropriately licensed and insured;
   
   
6. Reporting and addressing any and all necessary modifications to the Materials for the Customer’s Project prior to commencing construction;
   
   
7. Ensuring that the Customer’s Project adheres to standard construction practices to produce a structurally sound and weatherproof building constructed from the appropriate materials and methods as recommended by the Customer’s Licensed Professionals and their regulating bodies;
   
   
8. Ensuring that all materials, equipment, and construction methods used are appropriate for the specific conditions of the Customer’s Project;
   
   
9. Securing and maintaining all necessary permits in the jurisdiction intended for construction and arranging for all necessary inspections and certificates required in the jurisdiction intended for construction;
   
   
10. Financial liability and all other liability for any and all defects, damages, costs, claims, liabilities or any other losses whatsoever to the Customer’s Project or resulting to third parties as a result of the Customer’s Project, including specifically any and all losses caused by discrepancies between the Materials and the Customer’s Project.