Huts Terms Of Use

These Terms of Use (these "Terms") represent an agreement between you and HUTS Living LLC and govern your use of this website and any products or services, including licenses to ADU Plan Sets ("Plans") or HUTS Standards plan sets ("Plans") made available via this website and via direct sale to clients from time to time.

This website, together with such products or services, is referred to collectively as the “Site” in these Terms.

By using the Site, whether for purposes of viewing or ordering Plans or otherwise, you acknowledge that you have read and understood, and agree to be bound by and comply with, the following Terms.

When you use our website.

1. Who may use the Site.

   The Site is intended for use by adults. You must be at least 18 to order or use any Plans or otherwise use the Site.

2. What’s not allowed.

   When using the Site, you agree that you will not:

   1. violate any applicable present or future laws, rules, orders, ordinances, regulations, statutes, requirements, codes or executive orders of any governmental or judicial authorities (“Applicable Laws”);
   2. submit any personal information, including names or email addresses, pertaining to other individuals;
   3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information;
   4. violate or attempt to violate the security of the Site;
   5. reverse engineer or decompile any portion of the Site; or
   6. “scrape” information from the Site by automated means or otherwise without authorization.

When you order and use our plans.

1. Overview.

   All of the Plans were created by architects or designers (each, a “Designer”). The Plans are sold “as is” and not customizable by anyone other than HUTS through the HUTS modification process. When you order Plans from HUTS Living LLC, in accordance with these Terms:

   1. HUTS Living LLC owns all Intellectual Property Rights of the Plans, HUTS Living LLC licenses the right to use these Plans directly to you

2. Ordering Plans.

   1. You will be responsible for any applicable sales or similar taxes and shipping and handling costs, if specified. All orders to HUTS Living LLC are final, and no refunds will be granted for any reason. Unless otherwise specified, all monetary amounts referenced on the Site refer to U.S. dollars.

3. License.

   When HUTS Living LLC provides you with Plans you are thereby granted, subject to these Terms and Conditions, a limited, non-exclusive license (“License”) to use the Plans to build the home depicted in the Plans one time and one time only. In addition to any other requirements set forth in these Terms, you agree to comply with the following restrictions, requirements and conditions to which the License is subject:

   1. You may not assign, sublicense or transfer the License.
   2. You may not re-use the Plans (e.g., for building any additional home(s).
   3. You shall not, and shall not authorize or permit anyone else to, sell, redistribute or publish the Plans, or otherwise disclose the Plans to anyone other than contractors, consultants, lenders or governmental agencies on a “need to know” basis as reasonably required for the purpose of building a single home subject to the License.
   4. You may not create derivative works based on the Plans other than such modifications as may be required for your own use in building a single home in accordance herewith.
   5. You agree that you will maintain, and will cause your builder and other contractors involved in the Project to maintain, sufficient liability and other insurance coverages with insurance companies licensed in the applicable locations, as required to cover all of your obligations under these Terms and Applicable Laws.

4. Your Builder’s Responsibilities.

   You acknowledge and agree that: (i) the following items are your builder's and your responsibilities; (ii) you will use your best efforts to cause your builder to fulfill such responsibilities; and (iii) HUTS Living LLC and its Designers shall have no responsibility or liability with respect to such items:

   1. Your builder is responsible for assuring that all work is in accordance with the latest edition of all applicable national, state, and local building codes, construction industry standards and other Applicable Laws.
   2. Your builder is responsible for obtaining any required permits and inspections from local governmental agencies as required.
   3. Your builder is responsible for checking the Plans prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions.
   4. Your builder is responsible for working with you on decisions for the final selection of materials such as floor joists, lumber, roofing, etc., all of which can create variations in dimension and details.
   5. Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product.
   6. Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.

Generally Applicable Terms for this website and all HUTS services.

1. Ownership

   HUTS Living LLC owns all Intellectual Property Rights inherent in or appurtenant to: the Site, including any Plans; any and all other graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Site; and the contents, design, layout, functions and appearance of the Site. Beyond the one-time use authorized under the License of the Plans, or any reproduction, publication, sale or distribution of any part of the Plans without the prior written consent of HUTS Living LLC, constitutes a violation of these Terms.

2. Your Information.

   You represent and warrant to HUTS Living that you own all Intellectual Property Rights in Your Information. By submitting Your Information, you automatically grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to use Your Information in connection with the Site and otherwise in ways consistent with the privacy policy. As used in these Terms, “Intellectual Property Rights” means, collectively, all rights with respect to trademarks, service marks, trade dress, logos, copyrights, rights of authorship; all applications, registrations, derivative works and renewals relating to the preceding items; all database rights, moral rights, inventions, rights of inventorship, rights of publicity and privacy, trade secrets, know-how, rights under unfair competition and unfair trade practices laws; and all other worldwide intellectual and industrial property rights related thereto.

3. Indemnity.

   You agree to indemnify and defend HUTS Living LLC and and the officers, directors, owners, representatives, contractors, employees and assigns of the foregoing (collectively, the "Indemnified Parties") and hold them harmless from and against any and all losses, demands, causes of action, damages, liability and costs and expenses, including reasonable attorneys' fees, incurred or sustained by any of the Indemnified Parties in connection with (i) the use, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of the Plans or any other drawings, data or other materials furnished by HUTS Living LLC (ii) any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors; and (iii) any breach by you of any of the provisions of these Terms. HUTS Living LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

4. DISCLAIMER.

   YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, INCLUDING ANY PLANS. THE SITE, INCLUDING ANY PLANS, IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE, PRIOR TO USE OF ANY PLANS, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR YOUR PURPOSES AND COMPLIANT WITH ALL APPLICABLE LAWS.

5. Additional caveats, disclaimers and requirements.

   1. HOLD HARMLESS: You acknowledge that these plans are for informational purposes and merely set forth recommendations as it relates to any materials, equipment or products suggested to be used. It is expressly acknowledged by You that HUTS is not responsible or liable for any third-party equipment, materials, warranties, products, services or goods merchantability, fitness, warranty, intended use, design, production, performance and/or quality. HUTS shall forever be held harmless for any of the aforesaid and You agree to indemnify and hold HUTS harmless for any damage or loss sustained by You as a result of the aforesaid.
   2. The Plans are intended to indicate design intent and basic construction detailing. It is your responsibility to ensure that you have obtained the proper professional assistance to provide standard construction practices, which will result in a structurally sound and finished product. Any use of the Plans, and/or modifications of the Plans, by you, builders or others on your behalf, is done at your own risk.
   3. Names of materials and manufacturers shown on the Plans do not represent an official endorsement by HUTS Living LLC. Final selections of materials are the responsibility of you and/or your builder, including proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and other details not necessarily indicated on the Plans; and HUTS Living LLC have no control or responsibility with respect to such matters.
   4. The Plans do not have an architectural or engineering signature, seal and/or stamp. You agree to consult the local building official who can tell you if a review of the Plans by a licensed designer or engineer is required prior to submission of the Plans for a building permit. Because of the great differences in geography and climate in different areas, each state, county, and municipality has its own building codes, zoning requirements, ordinances, and/or building regulations. In addition, you may need to obtain permits or inspections from local governments before and in the course of construction. Your right to use the Plans is conditioned on your agreement to, and you affirm that you shall: (i) consult a locally licensed designer or engineer of your choice prior to beginning construction, and (ii) strictly comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements.

LIMITATIONS OF LIABILITY.

• IN NO EVENT SHALL HUTS LIVING LLC OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE PLANS.

• Changes to these terms.

  HUTS Living LLC may modify these Terms at any time by posting changes on the Site; however, (i) these changes will only become effective and binding with respect to you after HUTS Living LLC provides notice on the Site that these Terms have changed, and you first use the Site following the date of such posting, (ii) the changes will only apply with respect to your use of the Site, including any ordering or use of Plans, after such changes become effective, and (iii) any imposition or change of payment obligations, if any, will only apply if and when you expressly agree. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Site.

• Digital Millennium Copyright Act.

  If you believe that the Site contains content that infringes on your copyright, please forward the following information by email to hello@huts.nyc:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

• Termination.

  We have the right, without limitation of our other rights and remedies at law, in equity or hereunder, to terminate these Terms, the License and/or your right to use the Site, at our discretion, if you do not comply with any of the provisions of these Terms.

• Miscellaneous.

  No joint venture, partnership, employment or agency relationship exists between you and HUTS Living LLC as a result of these Terms or your use of the Site, including any Plans. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms will be effective as of the date accepted by you. These Terms represent the entire agreement between you and HUTS Living LLC with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by Applicable Laws, and such determination shall not affect the validity and enforceability of any other remaining provisions. HUTS Living LLC may assign these Terms at its discretion. You may not assign these Terms or any of your rights hereunder, nor delegate any of your obligations hereunder. These Terms are binding on the parties hereto and their respective successors and permitted assigns. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced. These Terms will be governed by the laws of the United States of America and the State of New York, without regard to conflict of laws rules. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.” All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to HUTS Living LLC. All references in these Terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity.

HUTS DESIGN AND FEE DEVELOPMENT SERVICES

Fee Development Services

HUTS function as the client’s designer and fee developer. A detailed agreement with the Owner will specify the scope of duties and authority assigned to HUTS. HUTS will assemble and direct the Project Team, including architect, contractor, engineers, and other necessary professional services. We will carefully define each team member’s role to assure their expertise is best utilized and duplication of effort is avoided. HUTS will coordinate all Project Team meetings and communication. We become the primary contact for the Owner, streamlining the communication process. HUTS and the Project Team will carry out all activities necessary to define the project’s development; conceptualize, plan, and design the project to meet the client’s objectives; obtain all entitlements for the project; develop the materials required for financing the development; and prepare the project for construction.

Interior Design Services

All orders shall be subject to your prior approval, and HUTS requests that approvals on proposed materials and designs be made within five (5) business days of your receipt of HUTS’s request. You shall approve drawings, purchase orders and similar documents by returning a signed copy. HUTS shall not be responsible for any delay in placing orders or in schedules caused by your failure to approve timely. HUTS shall not be responsible for any default, failure or breach by vendor, supplier and/or contractor.

All purchasing and contracting done directly by the HUTS on your behalf will be done either with company funds or a client’s credit card. No orders to be paid for by HUTS with HUTS’s funds shall be finalized until payment in full for same shall have been received by the HUTS. Order cancellations are subject to the individual vendor’s cancellation policy.

In purchasing merchandise and services on your behalf, HUTS is acting as your agent. HUTS will exercise its professional judgment and will always endeavor to deal with reputable parties. However, HUTS makes no warranties with respect to merchandise and services purchased on your behalf, as to which you will look only to the manufacturer, dealer or provider, and HUTS cannot guarantee any fabric, material or article against wear, soil, fading or latent defect.

HUTS is not responsible for delays caused by the failure of others to meet commitments or for any other reason or cause beyond HUTS’s control.

HUTS cannot guarantee that actual prices for merchandise or services will not vary either by item or in the aggregate from any proposed budget.

HUTS makes no warranties with respect to merchandise and services purchased on Client’s behalf, as to which Client will look only to the manufacturer, dealer or provider, and HUTS cannot guarantee any fabric, material or article against wear, soil, fading or latent defect. Order cancellations are subject to the individual vendor’s cancellation policy. Client hereby agrees to indemnify and hold HUTS harmless from and against any liabilities, losses, damages and/or costs and expenses (including but not limited to court costs and attorneys’ fees) arising out of any claim made in respect of the Project by any vendor, supplier or contractor.

Custom-ordered Merchandise such as upholstery, carpets, custom fabrics or wallpapers and custom designed furniture, once approved by the Client, are not subject to cancellation or return and remain the Client’s responsibility. If orders for stock items are cancelled (i.e., fabrics, wallpapers, hardware, etc.), these shall be in accordance with the vendor’s policies and all cancellation fees and charges shall be billed to the Client at cost. A commission will not be charged on the unpaid balance of cancelled orders.

Furniture or other items sent out “on approval” with the Client’s consent will be the sole responsibility of the Client while in his or her possession. Any packing, transportation and insurance charges connected with these items shall be billed to the Client at cost.

In-transit insurance coverage will be arranged through the HUTS unless otherwise requested, and will be billed to the Client at cost. Upon delivery of goods or furniture to the Client’ premises, the Client shall have the responsibility thereafter for loss or damage.

Intellectual Property/Licenses

Drawings, Specifications and any other documents prepared and presented to you by HUTS for a Project are Instruments of Service which shall remain the sole and exclusive property of HUTS whether the Project for which they are prepared is executed or not, and HUTS shall retain all common law, statutory and other rights therein including, but not limited to, copyright.You shall be permitted to retain copies of the Instruments of Services for information and reference in connection with your use and occupancy of the Project. The Instruments of Services shall not be used by you for other projects, for additions to this Project, or for completion of this Project by others except by agreement in writing and with appropriate compensation to HUTS. If you use the Instruments of Service for additions, modifications or renovations to the Project or in the event of termination of these terms of service prior to completion of the Project, you shall indemnify, defend (at HUTS’ option) and hold harmless HUTS, and its employees and consultants from any claims, demands, suits, judgments, losses, damages, or expenses of any nature whatsoever, including reasonable attorneys’ fees and disbursements, arising directly or indirectly out of such use or modifications of the Instruments of Service. The provisions of this paragraph shall survive the termination of these terms of service.

HUTS grants to the Client a nonexclusive license to use HUTS Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Client substantially performs its obligations under these terms of service, including prompt payment of all sums due. The license granted under this section permits the Client to authorize the contractor, subcontractors, Sub-subcontractors, and suppliers, as well as the Client’s consultants to reproduce applicable portions of the Instruments of Service, solely and exclusively for use in performing services or construction for the Project

Here is what the Standard Residential License allows for: The License grants the purchaser a non-transferrable license to utilize the plans in connection with the construction of the structure depicted only in plans purchased.

You are licensed to use the plans to create one structure depicted in the purchased plans in a residential context (non-commercial). This License does not extend to real estate, hospitality, and other commercial developers or entities. For all developer licensing inquiries please contact: You may not resell, license, sub-license or freely distribute your purchased plans.

You can:

• Build one HUTS home based on the plans you have purchased.
• Build more than one HUTS home, if you purchase another plan/license.
• As a non-commercial entity, you can freely rent this cabin.
• You may modify the plans. You may combine the plans with other works and make a derivative work from it. The resulting works are subject to the terms of this license.
• This is a ‘single-use’ license, which means you may use it once, in a single project.

You cannot:

• Re-distribute the images from plans or its source files, regardless of any modifications, under any circumstances. In other words, you cannot replicate or make modifications to the item and sell it as your own.
• Use the standard license we extend to you for a commercial project.

Right to Market

Any and all press/promotion of the Project shall credit HUTS as Designer.

No press release concerning the Project shall be made without the mutual agreement of the parties.

HUTS retains the non-exclusive right to photograph the Project for promotional use on its website and in social media. HUTS will not disclose confidential information previously provided by Client.

HUTS Responsibilities

HUTS has prepared these documents to meet generally accepted standards and practices of companies performing services in the same or similar locality under the same or similar circumstances.. However, the documents have been designed without any knowledge of, or reference to, the licensee’s specific site or geographical location. Specific site conditions may vary and include but are not limited to such things as:

Frost Depth

• Soil Bearing Capacity
• Seismic and wind zones
• Special environmental zones or designated wetlands

In addition, local code requirements may vary for issues focusing on life-safety requirements such as stair width, stair rise and run, egress windows and smoke detectors, etc. The strength of materials (e.g. lumber) available may vary by region.

It is your responsibility to consult with your chosen builder, local building department and a licensed architect, structurala nd MEP engineers as appropriate to determine that the documents meet all current federal, state/provincial and local codes, laws, ordinances/bylaws and regulations. and are appropriate to specific site conditions.

Any use of this information without adaptation to changes in codes, standards, site conditions and other factors is at your sole risk. HUTS assumes no responsibility for changes made to these plans by others and makes no warranties, either expressed or implied, in the use of these plans. You agree to defend and indemnify HUTS for all claims, costs, losses, liabilities and damages arising out of the use of these documents. Before starting construction, it is the builder’s responsibility to check all dimensions and details, and verify conformance with applicable building code requirements for the geographic area in which the house is to be built. All structural, mechanical and electrical requirements shall also be reviewed before construction begins. Codes govern over drawings and dimensions govern over scale. Please notify HUTS or any dimensional discrepancies.

HUTS has not been engaged for construction supervision of any kind and assumes no responsibility to ensure that construction conforms to the plans or specifications, nor does HUTS have any responsibility for construction means, methods, techniques, sequences, procedures or safety precautions in connection with the work all of which remains the obligation and responsibility of the builder. HUTS disclaims any liability for negligence by builders, misuse or misunderstanding of the plan by builders, or defective materials used by builder.

Client Responsibilities

Client shall provide full information, including a program, which shall set forth Client’s design objectives, constraints, and criteria. Client is responsible for furnishing a legal description of the Site as well as surveys of the Site by a licensed surveyor. These documents shall include locations of: all boundary lines of the property, plumbing, electrical/IT, HVAC, and other installations, and the location of any other elements on the property deemed necessary by HUTS. The legal description and survey(s) are required to begin any design work hereunder.

Client shall furnish required information and shall render approvals and decisions as expeditiously as necessary for the orderly progress of HUTS services and of the Project.

Any required services of an Architect of Record, Expediter, Site Surveyor, Lighting Designer, Landscape Designer, IT/AV/Security Designer/Engineer, Acoustical Designer/Engineer, MEP and Structural Engineers and Contractor and associated fees shall be in addition to these terms of service and shall be furnished at Client’s expense. HUTS shall be entitled to rely upon documents and information provided by you and your consultants. Fees required for filing services and governmental filing fees, including, and without limitation, filings with the relevant building or local jurisdictions, shall be the responsibility of the Client.

Architect Of Record Responsibilities

Client will, if required by HUTS, independently retain an Architect of Record (“Architect of Record’) and/or Expediter (“Expediter”) to assist in the implementation of HUTS plans.

Architect of Record and Expediter Fees shall be in addition to these terms of service and shall be payable directly by Client to Architect of Record and Expediter unless otherwise agreed by the parties.

Architect of Record shall be responsible for the preparation of Construction Documents and Department of Building Documents, administration of the construction of the Project, code review and compliance, self-certification and on-site inspection of work for Contractor requisition sign-off and project close-out with the Department of Buildings, as well as submission of documents for any locally required jurisdictional approvals.

Client’s Expediter shall facilitate filing of documents with Department of Buildings as required.

Client’s Expediter shall be responsible to submit required drawings and paperwork for all local authority applications and approvals.

HUTS shall coordinate its services with the Architect of Record and other consultants retained by you and the Architect of Record. HUTS shall review the plans prepared by the Architect of Record for compliance with HUTS design intent. G. HUTS is not licensed to practice architect in New York State and makes no representation as such.

Miscellaneous

The content of the HUTS website or collateral may not be reproduced in any form without the express written permission from HUTS . It may not be sold for profit or included in any type of archive (commercial or private) without the consent of HUTS . Failure to abide by these rules may result in legal action. Permission is hereby granted to download and view any material for personal, non-commercial purposes and to create hyperlinks to the top-level (home page) of this website.

HUTS is not responsible for delays caused by the failure of third parties to meet their commitments or any other cause beyond HUTS control.

HUTS shall have no responsibility for the discovery, presence, handling, removal or disposal of hazardous materials or toxic substances in any form at the Project site.

Nothing contained in these terms of service shall create a contractual relationship with or cause of action in favor of a third party against either HUTS or the Client..

Client shall indemnify and hold harmless HUTS from and against claims, damages, losses and expenses (including reasonable attorney’s fees) to the extent arising out of the performance of services provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or willful misconduct of Client, anyone employed by Client (except HUTS), or anyone for whose acts any of them are legally liable. This indemnity shall service the expiration of these terms of service.

HUTS shall indemnify and hold harmless Client from and against claims, damages, losses and expenses (including reasonable attorney’s fees) to the extent arising out of the performance of services provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors, omissions or willful misconduct of HUTS, anyone employed by HUTS, or anyone for whose acts any of them are liable.This indemnity shall survive the expiration of these terms of service.

In recognition of the relative risks, rewards, and benefits of the Project to both Client and HUTS, the risks have been allocated such that both parties agree that to the fullest extent permitted by law, HUTS total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claim expenses arising from the Agreement from any cause or causes shall not exceed the total fees actually paid to HUTS pursuant to these terms of service. Further, neither party shall be liable under these terms of service for any loss of income or profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising.