Terms & Conditions

1. Acceptance of the Website Terms and Conditions of Use

1.1 These website terms and conditions of use for the website, services, and products offered by Petite Homes Inc., a company duly incorporated pursuant to the federal laws of Canada (hereinafter “Petite Homes” or “the Company”) constitute a legal agreement and are entered into by and between you and Petite Homes. The following terms and conditions (hereinafter “Terms and Conditions”) govern your access to and use, including any content, functionality, and services offered on or through http://www.petitehomes.net ; https://www.petite.homes (collectively hereinafter referred to as the “Website”), as well as your access or use by you, from within any country in the world, of applications, software, content,  products, and services (the “Services”) made available by Petite Homes. For greater clarity, the “Services” includes, but is not limited to, the Geopogo software offered by Petite Homes. Your access and use of the Services and the Website constitutes your agreement to be bound by these Terms and Conditions, which establishes a contractual relationship between you and Petite Homes. These Terms and Conditions expressly supersede prior agreements or arrangements made with you.

1.2 By using this Website or the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Petite Homes and meet all eligibility requirements. If you do not meet all these requirements, you must not access or use the Website the Services.

2. Modification to the Terms and Conditions, the Website, and the Services

2.1 Petite Homes reserves the right in its sole discretion to revise and update these terms and conditions from time to time. All such modifications are effective immediately upon posting and apply to all access to and continued use of the Website or the Services. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

2.2 The information and material on the Website or the Services, and the Website or the Services may be changed, withdrawn, or terminated at any time in Petite Homes’ sole discretion without notice. Petite Homes will not be liable if, for any reason, all or any part of the Website or Services is restricted to users or unavailable at any time or for any period.

3. The Services

3.1 Petite Homes provides a technology platform that enables users of Petite Homes’ applications, Website, and/or Services anywhere in the world to, inter alia:

(i) Download custom plan designs, floor plans, and blueprints for compact homes and/or cottages, that are reviewed and approved by an Architect duly licensed by the Ontario Association of Architects in the Province of Ontario, and duly stamped with the seal of said Architect (hereinafter “Reviewed Plans”);

(ii) Download custom home plan designs, floor plans, and blueprints for compact homes and/or cottages that are not designed, reviewed, or approved by any professional, including any engineer or architect (hereinafter “Unreviewed Plans”);

(iii) Access to proprietary design software owned by Petite Homes that enables users to customize and design their own home plan designs, floor plans, and blueprints for homes and/or cottages, which also utilizes augmented reality technology to provide an interactive experience of a real-world environment where objects or property that resides in the real world are enhanced by computer-generated perceptual information such as an image of the custom home/cottage (hereinafter “Geopogo”). Geopogo may be offered as computer software and/or as mobile or tablet applications. Such home plan designs, floor plans, and blueprints for those homes and/or cottages that are custom designed by the user utilizing Petite Homes’ Geopogo software are hereinafter referred to as “Custom Plans”.

The above-mentioned “Reviewed Plans”, “Unreviewed Plans”, and “Custom Plans” are hereinafter referred to collectively as “the Plans”.

3.2 Petite Homes offers its plans worldwide, but it is located and operates out of the Province of Ontario in the Country of Canada. It is not feasible or possible for Petite Homes to ensure that the Plans it provides to users are compliant with all applicable legislation, regulations, by-laws, or directions from relevant authorities in every jurisdiction around the world. Consequently, you hereby acknowledge and agree that the Plans you access or purchase must be adjusted to ensure they are compliant with the applicable legislation, regulations, by-laws, or directions from relevant authorities in your jurisdiction. The only exception to this general acknowledgement and agreement are those individuals who purchase reviewed plans who also live in the jurisdiction in which the Architect is licenced to provide professional services.

3.3 Petite Homes is not in the business of construction or general contracting. Petite Homes will not assist you in any way to review or interpret the Plans, nor will Petite Homes assist you in any way in implementing or construction of the Plans. You are solely and completely responsible for ensuring that any construction process that relies on the Plans you purchased from Petite Homes is completed safely, accurately to the Plans, and to all requisite standards and building codes required by the municipality or township in which you construct the home/cottage.

3.4 Notwithstanding Section 3.2 above, Petite Homes does work with local construction firms in Windsor, Ontario, and may from time-to-time refer users to said construction firms, for which Petite Homes may collect a referral fee. Nonetheless, aside from referring users to preferred construction firms, Petite Homes receives no remuneration for, and takes no part in, the review, interpretation, deployment, or construction of the Plans.

YOU EXPLICITLY ACKNOWLEDGE AND AGREE TO INDEMNIFY PETITE HOMES AND HOLD PETITE HOMES HARMLESS FROM ALL LOSS OR DAMAGE THAT ARISES TO YOU OR ANYONE ELSE RESULTING FROM THE USE OF PETITE HOMES’ WEBSITE, SERVICES, AND SOFTWARE, ON THE TERMS AND CONDITIONS OUTLINED IN DETAIL IN SECTION 18, 19, AND 20 BELOW.

IN PARTICULAR, YOU ACKNOWLEDGE AND AGREE THAT PETITE HOMES IS NOT LIABLE IN ANY WAY FOR THE REVIEW OR IMPLEMENTATION OF THE PLANS, NOR IS PETITE HOMES LIABLE IN ANY WAY FOR THE CONSTRUCTION OF YOUR HOME/COTTAGE. THIS INCLUDES, BUT IS NOT LIMITED TO, CRITICAL STRUCTURE FAILURE AND COLLAPSE CAUSING BODILY HARM OR DEATH. PETITE HOMES IS ALSO NOT LIABLE IN ANY WAY IF THE PLANS YOU HAVE RECEIVED FROM PETITE HOMES ARE NOT CONSISTENT WITH YOUR LOCAL MUNICIPALITY OR TOWNSHIP’S BUILDING CODES, AND YOU HEREBY AGREE TO ENSURE THAT THE PLANS YOU RECEIVE FROM PETITE HOMES ARE MATERIALLY COMPLIANT WITH ALL BUILDING CODES APPLICABLE TO THE JURISDICTION IN WHICH YOU INTEND TO BUILD THE HOME/COTTAGE. MOREOVER, YOU HEREBY AGREE TO COMMUNICATE AND COORDINATE WITH THE RELEVANT BUILDING AND PLANNING DEPARTMENT IN THE APPLICABLE MUNICIPALITY OR TOWNSHIP WITH JURISDICTION OVER THE PROPERTY IN WHICH YOU INTEND TO BUILD YOUR HOME/COTTAGE, AND TO ENSURE THAT YOU SUBMIT THE PLANS FOR REVIEW, PAY FOR, ARE ISSUED, AND ABIDE BY ALL APPLICABLE BUILDING PERMITS REQUIRED BY THE BUILDING AND PLANNING AUTHORITY IN YOUR JURISDICTION.

4. If you are using the Website or Services to Access or Purchase Reviewed Plans

4.1 If you are using Petite Homes’ applications, Website, or Services to access or purchase Reviewed Plans, this Section applies to you. By accessing the Website or Services, and by purchasing the Reviewed Plans, you hereby acknowledge and agree that Petite Homes disclaims all representations and warranties, whether express or implied, relating to the Reviewed Plans in accordance with Sections 18, 19, and 20 below. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, PETITE HOMES DOES NOT OFFER ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, RELATED TO THE REVIEWED PLANS. However, an Architect may provide some representations and warranties to you, if you reside in the same jurisdiction, as outlined below.

4.2 The Reviewed Plans are reviewed and approved by Architect Stuart Miller of MMA Architects in the City of Windsor in the Province of Ontario (the “Architect”). The Architect is duly licensed by the Ontario Association of Architects in the Province of Ontario. The fee for Reviewed Plans is set by Petite Homes in its sole and absolute discretion, which includes: (i) a design consultation with the Architect; (ii) a set of Reviewed Plans duly stamped with the Architect’s seal as an Architect duly licenced in the Province of Ontario; (iii) building permit review and on-site inspection by the Architect.

4.2 You explicitly acknowledge and agree that the Architect is not an employee, agent, or dependent contractor of Petite Homes. You acknowledge and agree that Petite Homes is acting merely as a facilitator to connect you to the Architect as a referral, and that you may be required to enter a separate retainer with the Architect. Petite Homes is therefore not liable for any actions, errors, or omissions of the Architect, and you agree to hold us harmless and indemnify us for any loss suffered by you as a result of your engagement with the Architect.  To the greatest extent permissible by law, Petite Homes does not offer any representations, warranties, or guarantees that the Architect is competent or even capable of completing the work you may request of him/her.

4.3 You agree that the Architect is only licensed in the Province of Ontario, and therefore is only competent to give you advice and direction with respect to the Building Code Act, 1992, S.O. 1992, c. 23 (the “Building Act”) its accompanying regulations including the Building Code, O. Reg. 332/12 (the “Building Code”), and other applicable legislation in Ontario. If you intend to use the Reviewed Plans outside of the jurisdiction of Ontario, you hereby agree to an undertaking to ensure the Reviewed Plans comply with all applicable legislation, regulations, by-laws, or directions from relevant authorities in your jurisdiction.

4.3 Should you have any dispute or concern whatsoever that arises as a result of work completed, services performed, or tasks accomplished by the Architect you explicitly acknowledge and agree that your sole legal and equitable recourse lies directly against said Architect, and you will not seek recourse in law or equity against Petite Homes, its agents, shareholders, directors, officers, principals, or employees. Without limiting the generality of the foregoing, you explicitly acknowledge that Petite Homes does not owe you a duty of care with respect to the Architect you engage through the Services or through the Website.

4.4 You acknowledge and agree to allow Petite Homes to charge your credit card for all applicable fees, taxes, and disbursements when purchasing the Reviewed Plans.

4.5 You explicitly acknowledge and agree that if you commence any lawsuit or action in any forum or jurisdiction against Petite Homes contrary to this Section, you agree that Petite Homes may immediately bring summary proceedings including, but not limited to, a motion for summary judgment, relying on this Section to dismiss said lawsuit or action, and that you will thereafter be responsible for all fees and costs associated with such lawsuit or action, including our attorney’s fees and disbursements, on a complete indemnity basis (or on a solicitor-client basis).

5. If you are using the Website, or Services to Access or Purchase Unreviewed Plans          

5.1 If you are using Petite Homes’ applications, Website, or Services to access or purchase Unreviewed Plans, this Section applies to you. The purpose and intent of Petite Homes offering the Unreviewed Plans is for you to bring them to an engineer, architect, or any other certified professional with the legal right granted by a requisite professional governing body to approve construction drawings within your own jurisdiction, to be either: (i) approved by said professional; or (ii) amended as required by applicable legislation, regulations, by-laws, or directions from relevant building and planning authorities in your jurisdiction. You hereby agree not to commence construction utilizing or relying on the Custom Plans unless and until you have had the Custom Plans reviewed and approved by an architect, engineer, or equivalent professional in your jurisdiction.

5.2 Consequently, by accessing the Website or Services, and by purchasing the Unreviewed Plans, you hereby acknowledge and agree that Petite Homes does not provide any representations and warranties, whether express or implied, relating to the Unreviewed Plans in accordance with Sections 18, 19, and 20 below. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, PETITE HOMES OFFERS NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE UNREVIEWED PLANS. You explicitly acknowledge and agree that the plans have not been reviewed or approved by any professional including, but not limited to, an engineer or architect, and as such Petite Homes is not representing or warrantying that the Unreviewed Plans meet or adhere to any building codes or any other statutory, regulatory, or local by-law construction requirements. By accessing, reviewing, or purchasing the Unreviewed Plans, you agree to undertake to ensure the Plans meet all requisite building codes or any other statutory, regulatory, or local by-law construction requirements in your jurisdiction. You explicitly acknowledge and agree to indemnify and hold Petite Homes harmless for all deficiencies in the Unreviewed Plans.

5.3 Without limiting the generality of the foregoing, you explicitly acknowledge that Petite Homes does not owe you a duty of care with respect to the Unreviewed Plans you received or purchased through the Services or through the Website.

5.4 You acknowledge and agree to allow Petite Homes to charge your credit card for all applicable fees, taxes, and disbursements when purchasing the Reviewed Plans.

5.5 You explicitly acknowledge and agree that if you commence any lawsuit or action in any forum or jurisdiction against Petite Homes contrary to this Section, you agree that Petite Homes may immediately bring summary proceedings including, but not limited to, a motion for summary judgment, relying on this Section to dismiss said lawsuit or action, and that you will thereafter be responsible for all fees and costs associated with such lawsuit or action, including our attorney’s fees and disbursements, on a complete indemnity basis (or on a solicitor-client basis).

6. If you are Using the Services and/or the Website to create Custom Plans with Geopogo:

6.1 If you are using Petite Homes’ applications, Website, or Services to access Geopogo and create Custom Plans, this Section applies to you. You explicitly acknowledge and agree that Geopogo is intended to be used as a visual tool to assist you in designing custom plans for a home/cottage. However, Geopogo may allow you to make changes or additions to building plans that may not adhere to requisite building codes or any other statutory, regulatory, or local by-law construction requirements in your jurisdiction. Consequently, you hereby agree to undertake the full responsibility of ensuring that the final Custom Plans you create using Geopogo and purchase from Petite Homes adheres to requisite building codes and/or any other statutory, regulatory, or local by-law construction requirements in your jurisdiction.

6.2 After using the Geopogo software to create Custom Plans, you agree you will thereafter bring them to an engineer, architect, or any other certified professional with the legal right granted by a requisite professional governing body to approve construction drawings within your own jurisdiction, to be approved, amended, and/or stamped by said professional. You agree not to commence construction utilizing or relying on the Custom Plans unless and until you have had the Custom Plans reviewed and approved by an architect, engineer, or equivalent professional in your jurisdiction.

6.3 Consequently, by accessing the Website, Services, and/or Geopogo, and by purchasing the Custom Plans, you hereby acknowledge and agree that Petite Homes does not provide any representations and warranties, whether express or implied, relating to the Custom Plans in accordance with Sections 18, 19, and 20 below. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, PETITE HOMES OFFERS NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE CUSTOM PLANS. You explicitly acknowledge and agree to indemnify and hold Petite Homes harmless for all deficiencies in the Custom Plans.

6.4 Without limiting the generality of the foregoing, you explicitly acknowledge that Petite Homes does not owe you a duty of care with respect to the Custom Plans you received or purchased through the Services or through the Website.

6.5 You acknowledge and agree to allow Petite Homes to charge your credit card for all applicable fees, taxes, and disbursements when purchasing the Custom Plans.

6.6 You explicitly acknowledge and agree that if you commence any lawsuit or action in any forum or jurisdiction against Petite Homes contrary to this Section, you agree that Petite Homes may immediately bring summary proceedings including, but not limited to, a motion for summary judgment, relying on this Section to dismiss said lawsuit or action, and that you will thereafter be responsible for all fees and costs associated with such lawsuit or action, including our attorney’s fees and disbursements, on a complete indemnity basis (or on a solicitor-client basis).

7. Disputes that Arise Between You and the Architect

7.1 In accordance with Section 4.2 above, you acknowledge and agree that Petite Homes acts merely as a facilitator to refer you to the Architect. You explicitly acknowledge and agree that Petite Homes is not a mediator, arbitrator, or in any way obligated to assist in resolution of a dispute between you and the Architect.

7.2 You acknowledge and agree that all recourse in law or equity for the service, job, or tasks performed by the Architect lies solely against said Architect. All claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) must be sought directly against the Architect.

7.3 You agree to hold Petite Homes harmless for any dispute that arises between you and the Architect, and you will indemnify Petite Homes for any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) that arise, pursuant to Section 18, 19, and 20 below.

7.4 You explicitly acknowledge and agree that this section acts as a total and complete bar for you to pursue an action against Petite Homs for actions, errors, or omissions of the Architect. If you commence any lawsuit or action in any forum or jurisdiction against Petite homes contrary to this Section, you agree that Petite Homes may immediately bring summary proceedings including, but not limited to, a motion for summary judgment, relying on this Section to dismiss said lawsuit or action, and that you will thereafter be responsible for all fees and costs associated with such lawsuit or action, including Petite Homes’ legal fees and disbursements, on a complete indemnity basis (or on a solicitor-client basis).

7.5 Notwithstanding any of the above, and without limiting its generality, you acknowledge and agree that Petite Homes may, in its sole and absolute discretion, choose to disclose documentation, information, or evidence to assist either a you or the Architect in pursuing claims, damages, judgments, awards, losses, costs, expenses, or fees against each other, whether or not such documentation, information, or evidence would otherwise be protected from disclosure under the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”).

8. Your Use of the Website and Account Set-Up and Security

8.1 The security of your personal information is very important to us. Petite Homes uses electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

8.2 The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Service and the Website. Users are required to ensure that all persons who access the Services and the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Services and the Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Services and the Website that all the information you provide on the Website is correct, current, and complete.

8.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although Petite Homes does its best to protect your personal information, Petite Homes cannot guarantee the security of your personal information transmitted through our Service or to our Website. Any transmission of personal information is at your own risk. Petite Homes is not responsible for circumvention of any privacy settings or security measures contained on the Services or the Website.

8.4 Your provision of registration information and any submissions you make using the Services and the Website through any functionality whatsoever such as applications, registrations, use of Geopogo, reviews, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions“) constitutes your consent to all actions that Petite Homes takes with respect to such information consistent with Petite Homes’ Privacy Policy, found at [INSERT LINK TO PRIVACY POLICY]. You agree that the Privacy Policy is incorporated into, and forms part of, these Terms and Conditions.

8.5 Any username, password, or any other piece of information chosen by you, or provided to you as part of Petite Homes’ security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify Petite Homes immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

8.6 Petite Homes reserves the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by Petite Homes, in Petite Homes’ sole and absolute discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

8.7 You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:

(a) accessing content and data that is not intended for you;

(b) attempting to breach or breaching the security and/or authentication measures which are not authorized;

(c) restricting, disrupting, or disabling service to users, hosts, servers or networks;

(d) illicitly reproducing TCP/IP packet header;

(e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website;

(f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and

(i) otherwise attempting to interfere with the proper working of the Website.

9. Intellectual Property Rights and Ownership

9.1 You understand and agree that the Services, the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, Geopogo software, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

9.2 The Company name, all registered company trademarks, and all related names, logos, product and service names, designs, images and slogans are trademarks of Petite Homes or its affiliates or licensors. You must not use such marks without the prior written permission of Petite Homes. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

9.3 You may only use the Website for your personal use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and

(c) in the event social media platforms are linked to certain content on our Website, you may take such actions as Petite Homes’ Website and such third-party social media platforms permit.

9.4 Users are not permitted to modify copies of any materials from the Services or this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

9.5 If you print off, copy or download any part of Petite Homes’ Website, Services, applications, Geopogo, or the Plans in breach of these Terms and Conditions, your right to use the Services and the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Services, the Website, Geopogo, or the Plans until they are purchased, nor to any content on the Website, and all rights not expressly granted are reserved by Petite Homes. Any use of the Services and the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

10. Conditions of Use, User Submissions and Site Content Standards            

10.1 As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

10.2 The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to or on the Services, the Website, to the Company, other users, businesses, or other persons (collectively, “User Submissions“) and any and all Interactive Functions. All User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

10.3 Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at [INSERT LINK TO PRIVACY POLICY].

(b) In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.

(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole and absolute discretion.

(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

(e) Involve, provide, or contribute any false, inaccurate, or misleading information.

(f) Impersonate or attempt to impersonate Petite Homes, a Petite Homes employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

(g) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

(h) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or the Website, or which, as determined by us, may harm Petite Homes or users of the Services or the Website or expose them to liability.

(i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person, in our sole and unfettered discretion.

(j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(k) Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.

(l) When using the Plans or Geopogo, you agree to be contractually bound to pay the agreed price upon downloading any of the Plans, subject to these Terms and Conditions.

11. User Submissions: Grant of Licence

11.1 The Website may contain Interactive Functions allowing User Submissions on or through the Website.

11.2 None of the User Submissions you submit to the Website will be subject to any confidentiality by Petite Homes. By providing any User Submission to the Website, you grant  Petite Homes and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

11.3 By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.

11.4 You understand and agree that you, not Petite Homes nor Petite Homes’ parent, subsidiaries, affiliates nor its respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. Petite Homes is not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Services or the Website.

12. Site Monitoring and Enforcement, Suspension and Termination

12.1 Petite Homes has the right, without provision of notice to:

(a) Remove or refuse to post on the Website any User Submissions for any or no reason in Petite Homes’ sole and absolute discretion.

(b) At all times, take such actions with respect to any User Submission deemed necessary or appropriate in Petite Homes’ sole discretion, including, without limitation, for violating the Website and User Submissions and Site Content Standards or Terms and Conditions.

(c) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services or the Website. Without limiting the foregoing, Petite Homes has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Petite Homes to disclose the identity or other information of anyone posting any materials on or through the Website.

(d) Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS PETITE HOMES AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY PETITE HOMES RELATING TO ANY INVESTIGATIONS BY EITHER PETITE HOMES OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

12.2 Petite Homes has no obligation, nor any responsibility to any party to monitor the Services or the Website or its use, and Petite Homes does not and cannot undertake to review material that you or other users submit to the Website. Petite Homes cannot ensure prompt removal of objectionable material after it has been posted and Petite Homes has no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

13. No Reliance

13.1 Although Petite Homes makes reasonable efforts to update the information on our Website, Petite Homes makes no representations, warranties or guarantees, whether express or implied, that the Plans and content on the Services or the Website is accurate, complete or up to date. Your use of the Plans, Services or the Website is at your own risk and neither Petite Homes nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of the Plans, Services or the Website. For greater clarity, this section also applies to your use of Geopogo.

13.2 This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Petite Homes. Neither Petite Homes nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

14. Privacy

14.1 By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with Petite Homes’ Privacy Policy, found at https://www.petite.homes/privacy-policy/, as Petite Homes deems necessary for use of the Services or the Website and provision of services.

14.2 By using the Services and the Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Services and the Website may not function adequately. For more information on this automated information gathering practices, see https://www.petite.homes/privacy-policy/.

15. Third Party Websites

15.1 For your convenience, the Services or the Website may provide links or pointers to third-party sites. Petite Homes makes no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

15.2 You may link to Petite Homes’ homepage, provided you do so in a way that is fair and legal and does not damage Petite Homes’ reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Petite Homes’ behalf where none exists. Petite Homes’ Website must not be framed on any other site, nor may you create a link to any part of Petite Homes’ Website other than the homepage. Petite Homes reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Terms and Conditions and User Submissions and Site Content Standards. You agree to cooperate with Petite Homes in causing any unauthorized framing or linking to immediately stop.

16. Online Payments Purchases

16.1 All orders, purchases or transactions for the purchase and sale of jobs, tasks, and services made through this Website or the Services are processed by an independent third party named Stripe (“Stripe”). Stripe has its own terms of service and Services Agreement, which can be viewed at: https://stripe.com/en-ca/legal. Stripe’s services agreement and Stripe’s other terms of service are incorporated into, and form part of, these Terms and Conditions.

16.2 Since Stripe processes all payments through the Website, Petite Homes does not see, nor does Petite Homes collect or verify your payment information. By using our Website and the Services, you hereby represent and warrant that you have reviewed Stripe’s Services Agreement and that you understand it (see: https://stripe.com/en-ca/legal). You explicitly acknowledge and agree that you will abide by Stripe’s Services Agreement and Stripe’s other terms of service.

16.3 Any and all issues regarding payment processing must be addressed directly to and solely to Stripe. Without limiting the generality of the foregoing, this includes, but is not limited to, payment hold periods, chargebacks, processing times, security of account or payment information, withdrawal or deposit of funds, and issues of fraud including fraudulent use of credit cards.

16.4 You explicitly acknowledge and agree that you will hold Petite Homes safe from all harm and liability regarding the processing of your payment. You agree that you shall have no cause of action whatsoever against Petite Homes, whether in equity or in law, regarding the processing of your payment, and that any such cause of action, if it arises, must be directed at Stripe.

16.5 You explicitly acknowledge and agree that Petite Homes owes you no duty of care in any respect regarding processing of your payment, nor the security of your payment information.

17. Geographic Restrictions

17.1 The owner of the Website is based in the Province of Ontario in Canada. The Plans have been created and designed in mind to the applicable laws in the jurisdiction of Ontario. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Ontario, you do so at your own risk, and you are responsible for compliance with local laws of your jurisdiction, including ensuring you adhere to requisite building codes or any other statutory, regulatory, or local by-law construction requirements in your jurisdiction.

18. Disclaimer of Warranties

18.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, GEOPOGO, UNREVIEWED PLANS, REVIEWED PLANS, AND CUSTOM PLANS (HEREAFTER  COLLECTIVELY “THE PLANS”), THE WEBSITE AND ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.2 NEITHER PETITE HOMES, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES, GEOPOGO, THE PLANS, OR THE WEBSITE AND ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER PETITE HOMES, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES, GEOPOGO, THE PLANS, OR THE WEBSITE AND ITS CONTENTS, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT PETITE HOMES’ WEBSITE, GEOPOGO SOFTWARE, AND/OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

18.3 PETITE HOMES CANNOT AND WILL NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES, GEOPOGO, THE PLANS, OR THE WEBSITE AND ITS CONTENTS, YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, PETITE HOMES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, GEOPOGO, THE PLANS, OR THE WEBSITE AND ITS CONTENTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT OR ON IT.

19. Limitation on Liability

19.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL PETITE HOMES, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, GEOPOGO, THE PLANS, OR THE WEBSITE AND ITS CONTENTS, ANY LINKED WEBSITES, OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT PETITE HOMES OWES YOU NO DUTY OF CARE, IN ANY RESPECT, REGARDING YOUR USE OF THE SERVICES, GEOPOGO, THE PLANS, OR THE WEBSITE AND ITS CONTENTS

 

20. Indemnification

20.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Petite Homes, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services, Geopogo, the Plans, or the Website including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, the Services, and products other than as expressly authorized in these Terms and Conditions.

20.2 In addition, and without limiting the generality of the foregoing, you explicitly acknowledge and agree to indemnify Petite Homes, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) for any action, error, or omission on your part that negatively affects another user or party utilizing the Services, Geopogo, the Plans, or the Website in any way.

20.3 For greater clarity, this means that if you act or fail to act in any way contrary to law or equity including, but not limited to, contrary to a provision of the Criminal Code, R.S.C., 1985, c. C-46 (“Criminal Code”), any tortious conduct, breach of contract, unjust enrichment, and/or quantum meruit, and such action leads to claims of liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of such action or inaction, you hereby explicitly acknowledge and agree to indemnify and hold harmless Petite Homes, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns for such action(s) or inaction(s).

20.4 You explicitly acknowledge and agree that there is no limit on the scope of this indemnity, and that your use of the Services, Geopogo, the Plans, or the Website gives rise to an absolute duty to engage with other users, parties, and/or professionals in a way that is not contrary to any law or any equitable principle, and that you will hold Petite Homes, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns harmless for such actions or inactions.

21. Governing Law and Jurisdiction

21.1 The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

21.2 Any action or proceeding arising out of or relating to the Services or the Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You hereby waive all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

21.3 You explicitly acknowledge and agree that if you commence any lawsuit or action in any forum or jurisdiction against Petite Homes contrary to this Section, you agree that Petite Homes may immediately bring summary proceedings including, but not limited to, a motion for summary judgment, relying on this Section to dismiss said lawsuit or action, and that you will thereafter be responsible for all fees and costs associated with such lawsuit or action, including our attorney’s fees and disbursements, on a complete indemnity basis (or on a solicitor-client basis).

22. Waiver

22.1 No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

23. Severability

23.1 If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

24. Entire Agreement

24.1 The Terms and Conditions, our Privacy Policy, Stripe’s Services Agreement, and Stripe’s other terms of service constitute the sole and entire agreement between you and Petite Homes regarding the Services, Geopogo, the Plans, or the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

25. Reporting and Contact

25.1 The Services and the Website is operated by Petite Homes Inc. located at 1501 Howard Avenue, Windsor ON N8X 3T5.

25.2 All notices of copyright infringement claims should be sent to Petite Homes at the above address.

25.3 Should you become aware of misuse of the Services, Geopogo, the Plans, or the Website including libelous or defamatory conduct, you must report it to Petite Homes at [email protected] .

25.4 All other feedback, comments, requests for technical support, and other communications relating to the Services or the Website should be directed to [email protected] .

25. Acceptance

25.1     YOU ACKNOWLEDGE AND CONFIRM that you have read these Terms and Conditions of Use and fully understand the terms, that you have received, or had an opportunity to receive legal and any other professional advice before accepting same and that you are voluntarily accepting the Terms and Conditions herein.