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Terms & Conditions

Please read these Terms & Conditions (“Terms”) carefully before contacting the Accessory Dwelling Unit (“ADU”) designer or firm and potentially proceeding with the purchase (licensing) of an ADU plan, as it contains important information regarding limitations of liability.

Your use of the ADU Plan Gallery found at www.plans.napasonomaadu.org (“Gallery Page”) to access designer contact information is conditional upon your acceptance of and compliance with these Terms.

By using the Gallery Page to obtain designer contact information, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to use the Gallery Page to obtain designer contact information.

1 – Approval Authority. Your local jurisdiction’s building department has final review and approval authority for any ADU construction drawings and related permit application materials.

2 – Confirming Site Suitability Prior to Plan Purchase. It is your responsibility to understand what may or may not be allowed on your property by consulting with your local jurisdiction about requirements, regulations and limitations prior to purchasing an ADU plan.

3 – Plan Ownership and Responsibility. Any plans you purchase are the property of the ADU designer or firm that developed them, and use of those plans are subject to any copyrights, conditions, requirements or limitations established by the designer or firm.

4 – Liability from Plan Purchase and Use. Any liability or legal action arising from your engagement with a designer or ADU firm or from the purchase and use of their plan shall be governed by the contract you sign with that designer or firm. Napa Sonoma ADU Center, Napa Valley Community Foundation and Baird+Driskell Community Planning, who developed and manage the Gallery Page, are in no way a party to that contract or in any way, shape or form liable for your use of the plan and resulting ADU.

5 – “Pre-Review” Status. Napa Sonoma ADU Center, Napa Valley Community Foundation, and Baird+Driskell Community Planning, acting as their contractor, engaged a third-party reviewer, BPR Consulting Group, to review some of the plans featured on the Gallery Page for compliance with applicable building codes. The letter reflecting BPR Consulting Group’s review and conclusions is provided on the site as a courtesy and represents BPR Consulting Group’s professional judgment based on the information provided to them by the relevant designer or ADU firm. Napa Sonoma ADU Center, Napa Valley Community Foundation and Baird+Driskell Community Planning do not warrant for the accuracy of the review and are in no way responsible or liable for their work. Further, Napa Sonoma ADU Center, Napa Valley Community Foundation and Baird+Driskell Community Planning do not claim or represent that BPR’s review letter has any authority in the review and approval process with any specific jurisdiction.

6 – Hold Harmless. Napa Sonoma ADU Center, Napa Valley Community Foundation, and Baird+Driskell Community Planning have created this Gallery Page as a service to help property owners search for ADU plans that may meet their needs and connect them with the ADU designer or firm that developed and owns those plans. Napa Sonoma ADU Center, Napa Valley Community Foundation and Baird+Driskell Community Planning in no way warrant or are liable for the quality, constructability or safety of any plan featured on the site or for any financial or legal issues resulting from a property owner’s engagement with a designer or firm located through use of the Gallery Page.

7 - No Warranty on Website. The Gallery Page is provided “as is,” no warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to the Gallery Page, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

8 - Availability, Errors and Inaccuracies. Napa Sonoma ADU Center, Napa Valley Community Foundation, and Baird+Driskell Community Planning assume no liability for the availability, errors or inaccuracies of the information, products or services provided on the Gallery Page. We may experience delays in updating information on the Gallery Page. The information, products and services found on the Gallery Page may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on the Gallery Page. The inclusion or offering of any product or service on the Gallery Page does not constitute an endorsement or recommendation of such product or service by us.

9 - Damages and Limitation of Liability. In no event shall Napa Sonoma ADU Center, Napa Valley Community Foundation, and Baird+Driskell Community Planning be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to, or in any way connected with your access to, display of or use of the Gallery Page or with the delay or inability to access, display or use the Gallery Page, including but not limited to your reliance upon information appearing on the Gallery Page, any computer viruses, information, software, linked websites operated by third parties, products or services obtained through the Gallery Page, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Napa Sonoma ADU Center, Napa Valley Community Foundation, and/or Baird+Driskell Community Planning have been advised of the possibility of such damages.

This limitation of liability reflects the allocation of risk between you and us. The limitation specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Napa Sonoma ADU Center, Napa Valley Community Foundation, and Baird+Driskell Community Planning.

10 - Governing Law, Severability, Dispute Resolution and Venue. These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contracts for the Sale of International Goods, the Uniform Commercial Code nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the Gallery Page, and supersede and replace any prior agreements we might have had with you regarding the Gallery Page.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Napa County, California.

You and Napa Sonoma ADU Center, Napa Valley Community Foundation, and Baird+Driskell Community Planning agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

11 - Changes to Terms. We reserve the right to make changes to these Terms at any time.

We will notify you of making any changes to these Terms by posting the updated terms of service to this Website.