Terms & Conditions
The following contains very important information regarding terms, conditions, and use of this website, our products or services. Please read it carefully.
You may not order or obtain products or services from us if you:
(a) do not agree to these terms and conditions,
(b) are not the older of at least 18 years of age and have the required legal capacity, or
(c) are prohibited from accessing or using this website or any of our products or services by applicable law.
You agree that by placing an order for products or services from CARDINAL CREST DESIGNS, LLC, you have read, accept and are bound by all the terms and conditions.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through this or any of our Website(s) (the "Site"). These Terms are subject to change by CARDINAL CREST DESIGNS, LLC, (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).
1. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between CARDINAL CREST DESIGNS, LLC, and you will not take place unless and until you have received your order confirmation email.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All sales are final and No returns or refunds of any type will be accepted.
You are responsible for any and all printing of the home plans and we are not liable for any issues related to printing of any kind.
We neither give nor make any representation or warranty whatsoever of any kind, whether express or implied, to you or any other party including but not limited to the following:
- The accuracy of the home plan specifications or the components thereof;
- The structural integrity of the home plans;
- Home plan compliance with any law or regulation;
- The suitability of the home plan for your use;
- The suitability of the home plan for the geographic area in which you live, build, or intend to build your home;
You agree that neither CARDINAL CREST DESIGNS, LLC, nor any of its officers, directors, shareholders, agents, or employees, shall be liable to you or anyone claiming by or through you, or associated in any way with your use of the home plan and buyer hereby agrees to forever release and waive any and all claims against CARDINAL CREST DESIGNS, LLC, its officers, directors, shareholders, agents, and employees, for any loss, claim, liability, expense, fine or damage by, from, or related to any cause of your purchase and/or use of the home plan. Furthermore, you agree to indemnify, defend, and hold harmless CARDINAL CREST DESIGNS, LLC, its officers, directors, shareholders, agents, and employees, from and against any and all claims, expenses, fines, liabilities, losses or damages of any kind, including but not limited to any attorneys' fees and costs in connection with CARDINAL CREST DESIGNS, LLC defending against the same, or which arise from breach of this agreement and/or the use of the home plan by you or anyone you share the home plans with. The parties agree that this limitation of liability shall survive indefinitely.
In the event that a court of law, tribunal, arbitrator, or any other lawful adjudicating body finds that CARDINAL CREST DESIGNS, LLC, is liable in any way to you, you agree that our liability will under no circumstances exceed the actual amount paid by you for the product or service that you have purchased through the site, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.
6. Goods Not for Resale or Export.
You represent and warrant that you are buying products or services from us for your own personal or household use only, and not for resale or export.
7. Use of Experts.
You represent and warrant that you will consult and use a properly licensed engineer to review and make any necessary changes to the home plan specifications as may be necessary to ensure the safe construction of the home and its compliance with all applicable laws and regulations. You also represent and warrant that you will have a qualified and licensed builder construct the home.
8. Intellectual Property Use and Ownership.
You acknowledge and agree that:
All uses on this Site and/or our home plans or any other products of ours is made available solely for license and not as a sale, to you, other prospective customers, or any other person. Such license is limited to a one-time use of the Home Plan or any other product or service and includes any derivative thereof, by you. You acknowledge and agree that the Home Plan including any derivative thereof, shall at all times remain the sole and absolute property of CARDINAL CREST DESIGNS, LLC, and you shall have no right to use the Home Plan, or any derivative thereof, for any purpose other than the one-time construction of your residential home.
You will comply with all terms and conditions of the specific license agreement for any home plan, product or service you obtain through this Site or from us, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
You will not share, reproduce, or make similar renderings of any kind of the home plan, our products or services, nor cause, induce or permit others' noncompliance with the terms and conditions of our home plan, product or service license agreement. You may share the home plan with a builder, contractor, subcontractor, architect, engineer or other professional for the purpose of constructing your home based on the home plan.
While we respect your privacy and are committed to protecting it, you agree that we shall not be liable in any way for breaches of your personal information.
10. Reliance on Information.
The information provided to you by us or presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or using our products or services, or by anyone who may be informed of any of its contents.
11. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri.
12. Dispute Resolution and Binding Arbitration.
You and CARDINAL CREST DESIGNS, LLC, agree to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration shall be held in the city of Kansas City, Missouri before one arbitrator administered by the American arbitration association (AAA) rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You cannot assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of CARDINAL CREST DESIGNS, LLC.
15. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you
16. Notices.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice you must contact us by personal delivery, overnight courier or registered or certified mail to CARDINAL CREST DESIGNS, LLC, 1539 Swift, North Kansas City, Missouri 64116.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
The Parties agree that this Agreement is the final and integrated agreement between you and us on the matters contained in these Terms.