Updated Terms of Service
We’ve updated our (1) Terms of Service; (2) Returns, refunds and cancellations policy; (3) Terms and conditions for Classes and Memberships; (4) License Agreement and Terms and Conditions For Building Plans; (5) Rent me free program terms and conditions; and Payment Terms of Service (collectively, “Terms”). When you use our site or make any purchase from us, you agree to be bound by the Terms contained herein. Please read each policy carefully.
Terms of Service
PLEASE NOTE: THE DISPUTE RESOLUTION SECTION OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH THE LOG HOME BUILDERS ASSOCIATION OF NORTH AMERICA, THE LOG HOME BUILDERS ASSOCIATION, LOG HOME ASSOCIATION, MECHANICAL TRANSFER CORPORATION, THE ESTATE OF DEWELLE FERGUSON ELLSWORTH JR., MR. ELLSWORTH, STEVEN WHITE, THE PROMOTERS, MANAGERS, OTHER PARTICIPANTS, OPERATORS, OFFICIALS, OFFICERS, DIRECTORS, STAFF, CONTRACTORS AND EMPLOYEES OF THE FOREGOING (ALL FOR THE PURPOSES HEREIN REFERRED TO AS “RELEASEES”) ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Releasees provide access to an association of like-minded individuals who are interested in building their own log home without using a kit or the assistance of a commercial builder, as well as an online store that sells various products and services related to log home construction (collectively, the “Services”), which Services are accessible at www.buildloghomes.org and community.loghomebuilders.org, and any other websites through which Releasees make the Services available (collectively, the “Site”) and instructor-lead seminars for association members held at various locations within and without the United States (collectively, the “Classes”).
Payment Terms of Service
Products and services offered on our website are sold and supplied by our affiliate partner, Mechanical Transfer Corp.
Secure online payments provided by 2Checkout.
Returns, Refunds, and Cancellations
All products, unless otherwise noted, are sold with a 30 day return policy. If you have a problem with your order, we will refund or exchange your item (your choice) within 30 days of the online purchase. Classes and memberships follow our “no questions asked” guaranteee. Building plans and electronic downloadable products are not returnable once purchased and follow guarantee details noted for the individual product.
If you have a problem or question about your order, please contact us using the information on our contact page.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be King County, Washington. The arbitration shall be governed by the laws of the State of Washington. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The award shall be made within 3 months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. This “Dispute Resolution” section will survive any termination of these Terms.
YOU AND RELEASEES 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 PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Releasees agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Limitation of Liability
To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of the Releasees, and any of them, to you (and your parent(s) or legal guardian(s), in the event you are below the age of majority), and anyone claiming by or through you, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Site, Services, Classes or these Terms from any cause or causes shall not exceed the total compensation received by the Releasees under these Terms, or the total amount of $1000.00 US dollars, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
You acknowledge that the Site, Services and Classes are for educational purposes only and are not a substitute for the advice and approval of a qualified Professional Engineer who is licensed in your jurisdiction. You agree to secure the approval of a qualified Professional Engineer on any future construction project prior to the commencement of that project. You acknowledge that any construction project, especially a project involving logs, is inherently dangerous and may lead to or cause serious injury or death to yourself or others. You agree to take all appropriate safety precautions before, during and after any attempt to make use of any information gained from using the Site, Services or Classes. You agree to assume all risks associated with any and all future construction projects.
Terms and conditions for Classes and Memberships
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of applying for and being granted membership in the Log Home Builders Association of North America (“Association”), and being permitted to attend a seminar conducted by the Association (the “Seminar”), you (and your parent(s) or legal guardian(s), in the event you are below the age of majority) (“Attendee”), agree to be bound by the following terms, for Attendee, Attendee’s personal representatives, assigns, heirs, and next of kin.
1. ATTENDEE HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE The Log Home Builders Association of North America, the Log Home Builders Association, Log Home Association, Mechanical Transfer Corporation, the estate of DeWelle Ferguson Ellsworth, Mr. Ellsworth, Steven White, the Seminar’s promoters, other participants, operators, officials, officers, directors, staff, contractors and employees of the foregoing (all for the purposes herein referred to as “Releasees”) from all liability to the Attendee, his personal representatives, assigns, heirs and next of kin for any and all damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the Attendee, whether caused by the negligence of the releasees or otherwise while the Attendee is attending or participating in the Seminar.
2. ATTENDEE HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the Attendee attending or otherwise participating in the Seminar and whether caused by the negligence of the Releasees or otherwise.
3. ATTENDEE HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of Releasees or otherwise while attending or otherwise participating in the Seminar.
4. ATTENDEE HEREBY EXPRESSLY ACKNOWLEDGES and agrees that the activities at the Seminar may be dangerous and involve the risk of serious injury and/or death and/or property damage. Attendee further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the state in which the Seminar is conducted and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
5. The information and techniques taught here are for Attendee’s knowledge only. Attendee is licensed to use this information and techniques for personal use of Attendee only. By accepting a membership in the Log Home Builders Association (LHBA) or by attending an LHBA seminar, Attendee agrees not to teach or otherwise disseminate through speeches, books, articles, media interviews, or other forms of mass or group distribution (collectively, to “Teach or Disseminate”) any information or techniques that Attendee learns or is taught at an LHBA seminar, nor will Attendee assist or facilitate other persons in doing so without the prior written consent of the LHBA. Attendee further agrees not to Teach or Disseminate knowledge Attendee receive from other members, or through other means facilitated by the LHBA, such as our online forums and gatherings involving other members of the LHBA.
6. Attendee agrees that Attendee will refrain from recording any portion of the Seminar through any means, including but not limited to audio or video recordings, mechanical, digital, or analog recordings of any kind. In addition, Attendee agrees that laptop computers and cameras of any kind are prohibited from the class location. Attendee agrees that any violation of this section shall result in Attendee’s ejection from the Seminar and revocation of Attendee’s membership with no refund of any amounts paid.
7. Attendee shall retain their membership card, and present it when required, in order to utilize member services.
8. This agreement, and in particular Attendee’s obligations under Section 5, shall survive the termination of Attendee’s membership in LHBA, however caused.
9. Attendee agrees to follow all terms and conditions linked from http://buildloghomes.org/legal-terms-service
10. Attendee has read, and agrees to the cancellation policy for classes and/or memberships at http://buildloghomes.org/our-promise-and-money-back-guarantee. Attendee is aware that classes/memberships are subject to a $100 per membership cancellation fee if cancelled with more than 7 days notice prior to the class, and 50% cancellation fee if cancelled with less than 7 days notice.
11. Attendee acknowledges and agrees that Association shall have the right to refuse service, membership, purchases or other business to anyone for any reason at any time.
12. The purpose of the Log Home Builders Association of North America (LHBANA) is to preserve, promote and protect the tradition of owner-built log homes, and to share private, trade secret information with and among its own members. To that end, LHBANA and its events are not open to the public and only open to LHBANA members who meet the LHBANA membership criteria. By purchasing, applying for, requesting or otherwise acquiring a membership in LHBANA, Attendee acknowledges and certifies that he or she meets the membership eligibility requirements below:
Membership in LHBANA is required for attendee to attend a class; and
Membership in LHBANA is restricted to persons of good moral character who:
- Intend to build a log home for their own private enjoyment; and
- Are not commercial log home “kit” builders; and
- Are not log home “kit” manufacturers; and
- Are not associated with the log home “kit” industry in any capacity; and
- Have not yet started to build their own log homes; and
- Have not previously attended a log home class offered by any other entity or association; and
- Are not residents of a country included on the US Department of State list of State Sponsors of Terrorism (http://www.state.gov/j/ct/list/c14151.htm); and
- Are not members of any entity included on the US Department of State list of Foreign Terrorist Organizations (http://www.state.gov/j/ct/rls/other/des/123085.htm).
In order to become a member of LHBANA you must meet all of the criteria listed above. If you fail to meet any of those criteria, you can still apply for membership in the association by nomination in the following manner:
- You must be nominated in writing by five (5) current members of LHBANA; and
- Upon submitting the written nominations you will be provided with a membership application to be filled out and returned according to the instructions on the application; and
- Your application will be posted for review on the private LHBANA member forums, where it will be voted on by current members of LHBANA;
- Your application will be voted on for two weeks. At the end of two weeks your membership will be considered as having been approved if a minimum of two thirds of the votes are in favor of acceptance.
ATTENDEE HAS READ AND VOLUNTARILY ENTERS INTO THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement are relied upon.
Changes to Terms and Conditions
Association reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at www.buildloghomes.org/terms.htm (or such successor URL as Association may provide), so that you will be apprised of any changes.
License Agreement and Terms and Conditions For Building Plans
This license agreement is entered into between Mechanical Transfer Corp., an Oregon corporation (“MTC”), and the you, the customer (“Builder”). Builder desires to purchase from MTC a set of construction diagrams and plans for a log house (the “Plans”). For valuable consideration, MTC and Builder agree as follows:
1. Builder represents and warrants that (a) Builder is at least 18 years of age and (b) Builder is a lifetime member of the Log Home Builders Association of North America (the “Association”).
2. Subject to the terms and conditions of this Agreement, including payment of the license fee, MTC hereby grants to Builder, and Builder hereby accepts, a non-exclusive, non-transferable right and license to print, modify and use the Plans during the term of this agreement.
3. This agreement shall begin when the license fee is received by MTC, and shall last for the lifetime of Builder, or until terminated by mutual agreement of both Builder and MTC in writing.
4. Builder acknowledges that all rights of ownership, title, and interest in the copyrights, Plans and derivatives of the Plans remain with MTC. The parties acknowledge and agree that: (a) any modifications to, or derivative works of, the Plans which incorporate the Plans shall be owned by MTC; and (b) MTC reserves and retains all rights in and to the Plans not expressly granted pursuant to this Agreement. Reproduction, either in whole or in part, including any direct copying and/or preparation of derivative works, for any reason without the prior written permission of MTC is strictly prohibited.
5. In consideration of the license granted by MTC under this Agreement, Builder shall pay MTC a license fee upon execution of this Agreement. The license fee may be collected by MTC or by any agent MTC chooses, including Association.
6. Builder agrees that Builder shall not distribute the Plans, or derivative works, in any form to anyone.
7. Builder agrees that the purchase of the Plans is non-refundable once the Plans have been delivered to Builder via any means whatsoever.
8. Builder understands that the Plans may or may not conform to local building codes in Builder’s jurisdiction and that the Plans may require modification by a competent architect or engineer in order to be accepted for use within Builder’s jurisdiction.
9. Builder agrees that it is Builder’s responsibility:
(a) To assure that the Plans, and the work performed according to the Plans, are in accordance with the latest edition of all applicable national, state and local building codes.
(b) To assure that all manufactured articles, materials, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. Builder shall follow all instructions to sustain and preserve all expressed or implied warranties and guarantees.
(c) To assure that all materials, equipment and components are new and of good quality.
(d) To provide standard construction details and practices which will result in a structurally sound and weatherproof finished product.
10. Builder assumes all risk of loss associated with the use or modification of the Plans. Builder acknowledges and agrees that the Plans should be reviewed by a local architect or engineer before the start of construction, regardless of whether such approval is required by the appropriate governmental agency in Builder’s jurisdiction for the issuance of a building permit.
11. MTC’s liability to Builder for any cause, regardless of the form of legal action, whether in contract or in tort, including without limitation, negligence, shall in no event exceed the total amount paid by Builder to MTC pursuant to this Agreement. Builder hereby agrees to hold harmless, indemnify and defend MTC, the Association and their parents, subsidiaries and affiliated companies, and their shareholders, officers, directors and employees, licensees and agents, from and against any and all claims, damages, liabilities, losses, costs and expenses alleged or actual, which it or they may incur, including reasonable attorneys’ fees, arising in connection with or resulting from (a) Builder’s attempted use of the Plans in any manner and (b) personal injury or damage to tangible personal property caused by the negligence or willful misconduct of Builder. This indemnification shall survive indefinitely.
12. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
13. The following parties are considered intended third-party beneficiaries under this agreement: MTC’s shareholders, officers and directors, the Association and its officers and directors, the employees, licensees and agents of the foregoing entities, and any other third party service and product providers involved in delivering the Plans. The limitations of liability, indemnification and other protections of this Agreement extend to these third party beneficiaries.
14. This Agreement is the complete and exclusive agreement and understanding between the parties concerning the Plans, and supersedes all previous or contemporaneous understandings, negotiations and proposals, whether oral or written. This Agreement shall be governed by and interpreted under the laws of the State of Washington without reference to conflicts of law principles, and the parties consent to jurisdiction by the state and federal courts sitting in King County, Washington. In any dispute arising out of or related to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs.
15. MTC reserves the right to modify the Terms and Conditions of this agreement from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. You agree to review the most current version of the Terms and Conditions from time to time, located at https://buildloghomes.org/plans-license (or such successor URL as MTC or Association may provide), so that you will be apprised of any changes.
“RENT ME FREE” PROGRAM TERMS AND CONDITIONS
If you are purchasing an item labeled as “Rent me free”, you agree to the following terms and conditions:
1. The “Rent me free” program is restricted to members of the Log Home Builders Association who have already attended a log home building class in person.
2. You are responsible for return shipping
3. LHBA staff will contact you before shipping the item to confirm your membership status
4. Your credit card will be charged the full price upon checkout
5. Receive a full refund if the item is returned within 30 days
6. If pre-arranged via email a onetime 30 day extension is allowed
7. Non-commercial personal use only
8. Reasonable wear and tear from normal use will is ok and will not affect your refund
9. In the event you are renting an Incremental Boring tool (“core sampler”) you recognize that they are extremely fragile and care must be taken to not cause damage to the borer threads. Damage to the borer threads is not normal wear and tear and will result in no refund
10. No refund will be issued if the item is kept longer than 60 days (you then own it)
11. No refund will be issued if the item is returned damaged. You agree that damage to an item shall be determined by the LHBA staff in their sole discretion.
12. No refund will be issued if the tool is lost. We recommend insuring the package when you return the item
13. You acknowledge that items from the rent me free program have been previously used by other members.
14. You assume all liability for the use of the item. You agree to release and hold harmless the Log Home Builders Association, Mechanical Transfer Corporation, their members, owners, managers, shareholders, affiliates and assigns (collectively, “The Releasees”), from any and all liability arising from your use or misuse of any rental items. In any case you agree that the liability of The Releasees shall be limited to the amount paid by you to The Releasees for any rental item.
15. The “Rent me free” program is limited to members living in the continental United States only.