Overview

Midland Cornerstone Design Group, Inc. (DBA Cornerstone Design Group) assumes no liability for any home constructed from purchased plans.  Release of these plans assumes cooperation between the owner and his contractor to assure local codes and building techniques are met.  Any ambiguity or discrepancy discovered by the use of these plans shall be reported immediately to Cornerstone Design Group.  A failure to cooperate by notice to Cornerstone Design Group shall release Cornerstone Design Group from responsibility for any and all consequences.  Changes made from the plans without the consent of Cornerstone Design Group are unauthorized and shall release Cornerstone Design Group of responsibility for all consequences arriving out of such changes.  Only a qualified Designer, Architect, Contractor or Structural Engineer should attempt to modify any portion of this design.
 
The contractor shall be responsible for making sure all work complies with the latest adopted version of their local building and energy codes and the applicable state, county, local and FHA/VA mps.  The contractor is responsible to verify all dimensions of the site prior to beginning construction for errors or omissions and any discrepancies shall be reported to Cornerstone Design Group for justification and/or correction before proceeding with work.  Contractors shall assume responsibility for errors that are not reported.
 
Cornerstone Design Group expressly reserves its common law copyright and other property rights in these plans.  These plans are not to be reproduced, changed or copied in any form or manner whatsoever, and are protected under copyright laws.  Per the 1990 Copyright Act, Cornerstone Design Group shall have two separate copyrights on all design work, one of which is in body of the work provided and the other is on the actual drawings, “graphic” or “pictorial” production.

All of our plans are created by architects or designers. When you order our plans, in accordance with these terms:

• if we own the copyright in the plans, we license rights to use these plans directly to you; or

• if we have licensed the rights to use the plans from a designer, we either sublicense rights to you to use these plans or arrange for the designer to license such rights directly to you.

• Designer Agreement

  In the scenario described above, you may be required, before you have the right to receive and use the plans, to enter into an agreement with the designer (“Designer Agreement”) in addition to these terms. In such case, if you do not agree to enter into the Designer Agreement, the order will be cancelled and you will receive a refund for any amounts you may have already paid to Cornerstone Design Group to purchase such rights. Any Designer Agreement will supplement but not replace these terms. If there is any conflict or inconsistency between these terms and a Designer Agreement, every effort will be made to reasonably construe such provisions in a manner that resolves such conflict or inconsistency provided; however, that if such conflict or inconsistency cannot be reasonably construed in such manner, the more restrictive provisions regarding the scope of rights to use the plans, and the more expansive provisions regarding obligations applicable to you and limitations on our and the Designer’s liability, shall apply.

• Ordering Plans

  1. You may order our plans through our online payment method. In all cases, you will be responsible for any applicable sales or similar taxes, if specified. All orders to Cornerstone Design Group 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.

• License

  When Cornerstone Design Group provides you with purchased plans you are thereby granted, subject to these terms and, if applicable, any Designer Agreement, a limited, non-exclusive license to use the plans to build the home depicted in the plans one time and one time only; and to modify and reproduce the plans solely to the extent required for purposes of satisfying your specific needs and/or to meet the requirements of your specific state and local building codes, ordinances or regulations in completing the project. In addition to any other requirements set forth in these terms and, if applicable, any Designer Agreement, you agree to comply with the following restrictions, requirements and conditions to which the License is subject:

  • You may not assign, sublicense or transfer the License.

  • You may not re-use the plans (e.g., for building any additional homes), without the prior written consent of Cornerstone Design Group, which consent shall require payment of a re-use fee and may be subject to additional conditions, as specified by Cornerstone Design Group.

  • You 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.

  • 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.

  • You agree that you will have the plans reviewed and approved by a local professional designer or engineer before the start of any construction.

  • 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.

  Customization Services

  If you request that Cornerstone Design Group or its designers customize the plans, the following provisions apply:

  1. Overview

     Cornerstone Design Group, or one of its affiliates or independent designers, will customize your plans on request, as detailed below, and provided customized versions of the plans. For purposes of the Customization Services, references to Cornerstone Design Group may apply to Cornerstone Design Group’s affiliate or designers. “Customized Plans” are still plans for purposes of these terms. As such, Cornerstone Design Group and/or its designers will retain all Intellectual Property Rights in any Customized Plans, even if the Customized Plans reflect your comments or input.

  2. Scope of Work

     When you request Customization Services, we will provide you with a proposed scope of work based on your request, and a price quote. The Customization Services will be deemed complete when we provide you with Customized Plans substantially consistent with the Scope.

  3. Additional Services

     If you request revisions to the Customized Plans after such delivery, or otherwise require any services outside of the Scope, those services will be considered “Additional Services” and subject to additional fees as specified in a subsequent price quote. By way of clarification, unless otherwise expressly specified in the Scope, Customization Services will not include (i) architectural or engineering services required to make changes to Plans for purposes of compliance with local building codes or to comply with changes in Applicable Laws; (ii) construction cost estimating services, materials lists, take offs and other related services; (iii) site evaluation and selection services; (iv) design and construction review services relating to the contractor's or construction manager’s safety precautions or to the means, methods, techniques, sequences or procedures required for the contractor or construction manager to perform its work, but not relating to the final or completed structure; or (v) services made necessary by the default, failure of performance or termination of the contractor or construction manager under its contract or by defects or deficiencies in the work of a contractor of construction manager.

  4. Fees

     If you decide to purchase the Customization Services, you will be deemed to have agreed to pay the fees in the amount of the initial price quote. If you decide to purchase Additional Services, you will likewise be deemed to have agreed to pay the fees in the amount of such subsequent price quote. In all cases, you will be responsible for payment of any reimbursable expenses incurred in the interest of the project, including costs, marked up by 10%, of consultants, reproductions, postage and handling, faxes, photography, messenger service, long distance telephone calls, travel and meals, supplies, renderings and models and approved overtime work. Payment is due at time of purchase for the initial Customization Services, and again at the time of purchase of any Additional Services, if applicable, unless otherwise agreed in writing. You will be required to pay interest for any payments due and unpaid more than thirty (30) days after the date of Invoice, at a rate equal to the lesser of (i) 1.5% per month, or (ii) the greatest amount permitted under applicable law. Without limitation of any other rights or remedies under these Terms or pursuant to Applicable Laws, Cornerstone Design Group may withhold the release of contract documents for permit, bidding, and construction, if payment on invoices is not current.

  5. Client Responsibilities

     Your responsibilities in connection with the Customization Services include the following:

     • Providing complete and accurate information regarding custom changes and budget requirements and all physical information about the site and/or building.

     • Rendering approvals and decisions promptly and as necessary for the orderly progress of the Customization Services and in keeping with the mutually acceptable schedule.

     • Obtaining, at your own expense, all required soil studies and land surveys.

     • Crediting Cornerstone Design Group and the applicable designer in publicity involving the project design.

     • Providing, if requested, a written description and/or sketch outlining the proposed changes.

     • Providing a copyright release satisfactory to Cornerstone Design Group if you provide the plans that will be subject to the Customization Services.

     • Permitting access to the project site at all reasonable hours and shall be permitted to photograph the project during construction and upon completion for its records and future use.

  6. Suspension or Termination

     Either you or Cornerstone Design Group may terminate the Customization Services at any time on at least seven (7) days’ written notice. If you terminate the Customization Services, you will not be entitled to any refund of amounts already paid. If Cornerstone Design Group terminates the Customization Services, you will be entitled to an equitable refund based on the portion of the Customization Services prepaid but not already performed, as reasonably determined by Cornerstone Design Group. No refund will be issued for the purchase of the original plans. Cornerstone Design Group shall be entitled to compensation for all services and reimbursable expenses incurred prior to receipt of written notice of termination from you. If the project is resumed, after being terminated for more than one (1) month, and should Cornerstone Design Group agree to resume performance of Customization Services, there will be a re-activation fee at 15% of the original customization fee. In the event the Cornerstone Design Group does not receive the agreed compensation when due, Cornerstone Design Group may, without limitation of its other rights or remedies, suspend performance of the Customization Services.

  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) Cornerstone Design Group and its designers shall have no responsibility or liability with respect to such items:

  • 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.

  • Your builder is responsible for obtaining the required permits and inspections from local governmental agencies.

  • 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.

  • Your builder is responsible for working with you on decisions for the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details. For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor dimension would vary from the plans and require revised stair dimension and framing.

  • Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product.

  • Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.

  • Your builder is responsible for assuring that all materials, equipment and components are new and of good quality.

  • Your builder is responsible for assuring that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. Your builder must follow all instruction to sustain and preserve all expressed or implied warranties and guarantees. It is the responsibility of the builder to assure that all materials, equipment and components are new and of good quality.

  Generally Applicable Terms

  1. Who Owns What

     Cornerstone Design Group and/or its designers or other licensors own all Intellectual Property Rights inherent in or appurtenant to: the site, including any plans or customized versions thereof; 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. Without limitation of the foregoing, the plans are protected by United States Copyright Laws; and any use of the information contained therein beyond the one-time use authorized under the License, or any reproduction, publication, sale or distribution of any part of the plans without the prior written consent of Cornerstone Design Group, constitutes a violation of Federal Laws, and may make you subject to prosecution and the prescribed penalties to the full extent as provided thereunder. You represent and warrant to us 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.

  2. Indemnity

     You agree to indemnify and defend Cornerstone Design Group and its affiliates, and their respective designers or other licensors, and the officers, directors, owners, agents, 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 Cornerstone Design Group or any designers; (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 and any applicable Designer Agreement. Cornerstone Design Group reserves the right, at its own expense, to assume, or permit a designer to assume, the exclusive defense and control of any matter subject to indemnification by you.

  3. Disclaimer

     You, the client, assume all responsibility and risk for your use of the site, including any plans. The site and plans are 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 any use of any plans, that such plans are accurate, suitable for your purpose, and compliant with all applicable laws.

  4. Additional caveats, disclaimers and requirements

     1. 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 details and practices, which will result in a structurally sound and weatherproof 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.

     2. The plans do not include any plumbing, heating or air conditioning drawings due to the wide variety of local codes and climatic conditions. We recommend that you have a local electrical engineer, mechanical engineer or builder provide such of these drawings as may be required for permits and construction.

     3. Any forming plan and associated details included in the plans are intended to serve as a basic guide for a typical foundation system. This typical foundation system is not site, or location, specific. You acknowledge our recommendation that you have a local designer or licensed engineer review the plans and provide a site-specific foundation design if found necessary.

     4. The plans provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes (e.g., of windows and doors), and brands, thicknesses, types and uses of different materials can change details. Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems may also require changes of details.

     5. Cornerstone Design Group engages designers that it believes to be reliable. However, you should normally anticipate that some changes and adjustments in the project will be required to correct possible errors and omissions in the plans. Such changes are not indicative of, and should not be construed as, negligence on the part of the designer.

     6. Names of materials and manufacturers shown on the plans do not represent an endorsement or recommendation by Cornerstone Design Group or the designer. 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 many other small items and details not necessarily indicated on the plans; and Cornerstone Design Group and the designer have no control or responsibility with respect to such matters.

     7. Plans purchased for homes to be built in certain jurisdictions must be redrawn by a locally registered professional; and you agree that, if applicable, you will consult a local building official or legal counsel with respect to such requirements.

     8. Due to the large number of plans and price options for those plans offered by Cornerstone Design Group, data entry and other errors inevitably may occur in the text and pricing shown on this site. Cornerstone Design Group reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by Cornerstone Design Group.

  5. LIMITATIONS OF LIABILITY

     IN NO EVENT SHALL CORNERSTONE DESIGN GROUP OR ITS AFFILIATES OR ANY DESIGNERS 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 SITE, INCLUDING ANY PLANS. CORNERSTONE DESIGN GROUP’S AND ITS DESIGNERS’ LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO CORNERSTONE DESIGN GROUP IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, OR (B) IF YOU HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $100. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, CORNERSTONE DESIGN GROUP'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.

  6. Changes to these terms

     Cornerstone Design Group 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 Cornerstone Design Group 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.

  7. 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 copyrightagent@pomeroylawgroup.com or by postal mail to Pomeroy Law Group PLLC, 54 W. 40th Street, New York, NY 10018.

     • 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.

  8. 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 or any Designer Agreement. Unless sooner terminated, the License shall terminate upon your completion or abandonment of the project.

  9. Miscellaneous

     No joint venture, partnership, employment or agency relationship exists between you and Cornerstone Design Group or any designers 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, together with any Designer Agreement, represent the entire agreement between you and Cornerstone Design Group 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. These terms are for the benefit of Cornerstone Design Group and the designers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities has the right to assert and enforce these terms directly against you on their own behalf. Nothing in these terms shall be construed to create, impose or give rise to any duty owed by Cornerstone Design Group of its affiliates or any designer to any contractor, subcontractor, construction manager, supplier, or other person or entity (other than you, to the extent provided herein), or to any surety for or employee of any of them, or give any rights in or benefits under these Terms to such persons. Cornerstone Design Group 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 Texas, without regard to conflict of laws rules. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the State of Texas. In addition to money damages, Cornerstone Design Group shall be entitled to seek equitable relief where appropriate if you breach of any of these terms. 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 Cornerstone Design Group. 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. We will send any notices that are intended for you personally and not all users of the site to you at the most recent email address we have on file for you. Any notice from you to Cornerstone Design Group should be sent by email to info@cdgmidland.com or by postal mail to: Cornerstone Design Group, 4904 N Midkiff Road, Midland, TX 79705.