USER AGREEMENT

Welcome to the Vintage Cottage House Plans (“VCHP”) User Agreement. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.vchouseplans.com (the "Site"). If you do not agree with the terms and conditions of this Agreement, please discontinue use and/or access of our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of VCHP. We strongly recommend that, as you read this User Agreement that you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a VCHP user. We reserve the right to terminate your use or access to the Services at any time for any reason, including if we learn that you have provided false or misleading information or have violated the Terms.

By accessing, viewing, or using the material available on or through this Site, You, the User, indicate that You understand and intend these Terms to be the legal equivalent of a signed, written contract, and equally binding, and that You accept such Terms and agree to be legally bound by them. Please note that VCHP reserves the right to change the terms, conditions, and notices under which this Site and its offerings are extended to You. Your continued use of this Site following such modifications will be conclusively deemed acceptance of any changes to this Agreement. VCHP will endeavor to provide reasonable notice that this Agreement has been changed on this Site; please watch for such notices as individual email notice may not be provided.

If You do not agree with these Terms, You are not granted permission by VCHP to access or otherwise use the members area of the VCHP Site.


1. Grant of License. This Agreement provides You, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site, conditioned on Your continued compliance with the Terms of this Agreement.

2. Eligible Members. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended VCHP members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your VCHP account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

3. Nature of Service. VCHP serves as a platform for, but not limited to, builders, developers and homeowners to connect with architects offering their stock house plans. House plans are available for viewing only by VCHP Members. This Site provides information on VCHP’s services as well as other material of interest for home and garden related topics. This Site also provides information on and registration forms for contracting with a VCHP architect for custom home design.

3.1 VCHP Subscription. A VCHP annual subscription is required for viewing access to the house plans and other member only offers, products and services.  By purchasing a subscription you may receive communications from VCHP in the form of messages, advertising and announcements. You understand and agree that VCHP is offered as a venue only and VCHP assumes no responsibility for the timeliness or deletion of any communications or personal settings. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

3.2 Articles. All articles within this Site have been obtained by VCHP through legal submission methods. VCHP does not guarantee the validity of the information provided within the articles provided. However, upon submission of articles the originator must agree to the content validity. All materials submitted to VCHP are guaranteed by the originator to be either free of a copyright or have given VCHP their permission to publish their works for informational purposes.  Therefore, any reproduction of copyright material contained within this site is a breach in agreement and legal action will be taken on behalf of our architectural affiliates intellectual artistic rights. 

3.3 Photos. All photos within this Site have been obtained by VCHP through legal methods either by purchasing, originator authorization or submission by originator.  VCHP does not guarantee the validity nor authenticity of the photos submitted. However, upon submission of photos the originator must agree to the origin of the photo and guarantee the validity of their information as well as their rights to submit the photo. All materials submitted to VCHP are guaranteed by the originator to be either free of a copyright or have given VCHP their permission to publish their works for informational purposes.

4. VCHP’S Role. VCHP is strictly a venue offered to the public to view house plans provided by VCHP approved architectural affiliates, in addition to other products and services related to the home and garden.  VCHP is not responsible for any purchase transactions of products and services offered on this Site.   VCHP is not liable for the services contracted with any of our architectural affiliates via our custom design venu.

5. Privacy Policy. VCHP considers Your personal data to be private and operates this Site by keeping any collected information confidential, other than as necessary to disclose for processing purchase transactions. VCHP has taken special precautions to ensure that the information available through this Site is as secure as possible because Your privacy is important to us. Access to non-publicized User information is restricted to authorized VCHP personnel who have a need for this data.

6. Confidentiality on the Internet. Use of the Internet is solely at User's own risk and is subject to applicable local, state, national, and international laws and regulations. While VCHP has endeavored to create a secure and reliable private Site for its Users, please be advised that the confidentiality of any communication or material transmitted to/from this Site cannot be guaranteed. Accordingly, VCHP is not responsible for the security of any information transmitted via the Internet, and the User assumes sole and complete risk for using this Site. The User must make its own determination as to these matters.

7. Security of Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For a User's protection, VCHP reserves the right to view, monitor, and record activity on this Site without notice or permission from the User. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this Site. VCHP will also comply with all court orders involving requests for such information.

8. Dealings with Affiliates, Members, Etc. Your correspondence or ensuing relationship with architectural affiliates, members, partners, advertisers, sponsors or other third parties ("Third Parties") found on or through the Services, including posting or acceptance of products, information, and any other terms or conditions associated with such dealings, are solely between you and such Third Party. YOU AGREE THAT VCHP WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SERVICES.

9. Intellectual Property. All materials contained on or available through this Site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, VCHP does not grant any express or implied right to Users of this Site under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on this Site may violate copyright, trademark, trade secret laws and/or rights of privacy and publicity. VCHP actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

This Site and all of its contents are: © Copyright 2006--2007 VCHP. All rights reserved. VCHP also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content.

Vintage Cottage House Plans ™, the names of the Architectural Affiliates and all other names, logos, and icons identifying VCHP's products and/or services are proprietary marks of VCHP. Other product and company names mentioned herein may be the trademarks of their respective owners.

10. Use Limitations. This Site and the materials and information available on or through it are provided by VCHP as a service to its Users. Except as expressly permitted, a User may not modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information obtained from this Site. As a further condition of use of this Site, all Users warrant to VCHP that they will not use this Site for any purpose that is unlawful or prohibited by these Terms.

11. Links to other Sites. VCHP may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of its Users in locating related information and services. These sites may not have not been reviewed by VCHP and are maintained by third parties over which VCHP exercises no control, and accordingly, VCHP expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party Web sites.

12. Events Beyond VCHP's Control. VCHP will not be liable for any loss resulting from a cause over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

13. Disclaimers. WHILE VCHP ENDEAVORS TO PROVIDE ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. VCHP MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NEITHER VCHP NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY FOUND IN OR THROUGH THE SITE, REGARDLESS OF ITS ORIGIN; (D) ANY BREACHES OF SECURITY INVOLVING THE SITE, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF THE SITE; OR (E) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE; EVEN IF VCHP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF VCHP FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY USER FOR VCHP IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

VCHP DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY ENTER ELECTRONIC FILES ACCESSIBLE THROUGH THIS SITE AND SUBSEQUENTLY AFFECT A USER'S COMPUTER SYSTEM.

14. Indemnity. By agreeing to these Terms, User agrees to defend and indemnify VCHP and its respective affiliates, and all of their officers, directors, shareholders, legal representatives, employees, successors, assigns, and agents and hold them harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from User's use of this Site or any breach by User of these Terms.

15. Feedback. VCHP welcomes Your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for VCHP to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media or technology now know or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary. VCHP may refuse to post, or may remove at any time, any content received through this Site for any reason.

16. Copyright Owners' Rights Under the Digital Millennium Copyright Act Of 1998. The Digital Millenium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If You believe in good faith that materials hosted by VCHP infringe your copyright, You (or Your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office web site. Notices and counter-notices for the Site should be sent to: [Vintage Cottage House Plans Webmaster, P.O. Box 1561, Ozark, MO 65721; 417.581.3607; team@vchouseplans.com]. We suggest that You consult Your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.

17. Governing Law. These Terms are governed by the laws of the State of Missouri, U.S.A. and shall apply without regard to the conflicts of law principles of such state. Users of this Site consent to the exclusive jurisdiction and venue of the courts of the State of Missouri with respect to any disputes, which may arise in connection with the use of this Site or the information and products available hereunder. Any and all such disputes shall be brought in the State of Missouri, County of Christian, U.S.A.

This Site is controlled and operated by VCHP from its offices within the United States. VCHP makes no representations that materials, information, or content available on or through this Site are appropriate or available for use in other locations, and access to them from territories where such materials, information, or content are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

18. Term and Termination. This Agreement will take effect at the time the User begins using this Site (indicating acceptance of these Terms). VCHP reserves the right at any time to deny any User access to this Site or any portion thereof, and to terminate this Agreement.

19. Entire Agreement. These Terms constitute the entire agreement between the User and VCHP with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and VCHP with respect to this Site.

20. Waiver. Failure to insist on strict performance of any of the Terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by VCHP of any right under these Terms will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.

21. Admissibility. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22. Survivorship. The provisions of Sections 8, 9 and 12-25 of this Agreement will survive the termination of this Agreement.

23. Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

24. Reservation of Rights. Any rights not expressly granted herein are reserved.

25. User/VCHP. No joint venture, partnership, employment, or agency relationship exists between a User and VCHP.