Updated February 19, 2011
USE OF THIS WEB SITE
FloorPlanOnline Services for Real Estate Agents, Property Owners, Builders, other Real Estate Professionals and businesses.
FloorPlanOnline allows Users to create artistic interactive floor plan renditions of real estate properties for publication by registered Users on real estate oriented web sites and other web sites. FloorPlanOnline directly, through information supplied by registered Users, or through third-party Service Providers, provides the development and production of floor plan renditions with associated hotspots of pictures or virtual tours, if applicable. All services provided by FloorPlanOnline are referred to collectively herein as FloorPlanOnline Services. Users who order FloorPlanOnline Services agree to supply FloorPlanOnline, or its authorized Service Provider (Authorized Service Provider), with information about themselves and the property for which they want a floor plan or interactive floor plan produced, which may include: 1) for Do-It-Yourself orders, a rough sketch of the property layout, associated room dimensions of the property and, if appropriate for the services ordered, digital pictures of various rooms (collectively, DIY Information) and 2) for Full Service orders, it may include the applicable multiple listing service number of the property, the property address and contact information of the agent or seller to enable the Authorized Service Provider to make the service appointment. For Full Service orders, FloorPlanOnline will engage an Authorized Service Provider to perform the service work according to the instructions the User provides on the order form (collectively, Full Service Information). DIY Information and Full Service Information shall collectively be referred to as Property Information. User agrees and asserts that neither FloorPlanOnline nor any Authorized Service Provider confirms, corroborates, or takes any responsibility as to the accuracy of Property Information provided by any User. Each User ordering FloorPlanOnline Services warrants that it has full right and authority to engage the services of FloorPlanOnline and to provide FloorPlanOnline and its Authorized Service Provider with the Property Information or to engage FloorPlanOnline for such services. FloorPlanOnline and the User shall jointly own all content created through the use of the FloorPlanOnline Services.
FloorPlanOnline will create a computerized rendering of the floor plan and, if ordered, will create an interactive floor plan with pictures and/or virtual tour hotspots. The interactive floor plan will be presented in the form of a unique link for each property. Each floor plan will be reviewed by the registered User prior to finalization. Such User will be responsible for obtaining any necessary permissions (including permissions from the underlying property owners and their associated broker, if applicable), prior to the linking of the interactive floor plan to Users web site. The registered User assumes all responsibility for the use of floor plans after the link has been posted on the Users web sites.
As FloorPlanOnline uses email, on an almost exclusive basis, to provide FloorPlanOnline Services, Users ordering FloorPlanOnline Services consent to receiving email from FloorPlanOnline with respect to the FloorPlanOnline Services. If User orders FloorPlanOnline’s Full Service option, Users consent to receive emails or other forms of communications from the FloorPlanOnline Authorized Service Provider contracted by FloorPlanOnline to assist with providing such service. In addition, User consents to the disclosure by FloorPlanOnline to such Authorized Service Provider of Users email address and such other information concerning the User or the property as is necessary to provide the services requested by User
To assure the value of FloorPlanOnline’s services, Users ordering FloorPlanOnline Services agree that all of the Property Information User has provided or will provide to FloorPlanOnline, whether online or otherwise, is accurate and complete and User agrees that User will refrain from impersonating or falsely representing your affiliation with any person or entity. FloorPlanOnline reserves the right to terminate or suspend access to Users floor plans and/or the FloorPlanOnline Services if FloorPlanOnline receives complaints that such floor plans are inaccurate or misleading.
FloorPlanOnline may from time to time offer eligible Users promotional opportunities to incent use of FloorPlanOnline’s services within a particular time frame. These opportunities may include, but are not limited to, free offers, discounts, rebates, gift certificates, points or other incentives that are only available to Users for a specific time period or promotional opportunity. Not all Users may be eligible to receive all promotional opportunities.
FloorPlanOnline Services for General End Viewers not Registered for FloorPlanOnline Services
FloorPlanOnline provides the hosting of the Interactive Floor Plan presentation for the convenience of the end viewer of real estate web sites. FloorPlanOnline offers you access to the FloorPlanOnline Services solely for your personal and non-commercial uses of the pictorial representations of such Interactive Floor Plan presentation. FloorPlanOnline makes no warranty or representation as to the accuracy thereof, including but not limited to, room dimensions, room names, property layout configuration, floor plan scale, square footage, photo accuracy or photo locations. For exact dimensions, you must hire your own architect, engineer or other similar real estate professional.
If and when requested by FloorPlanOnline, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of FloorPlanOnline, you agree that you will not access or attempt to access password protected, secure or non-public areas of the FloorPlanOnline Web Sites. Unauthorized individuals attempting to access prohibited areas of the FloorPlanOnline Web Sites may be subject to prosecution.
You agree that FloorPlanOnline may in its sole discretion and at any time terminate your access to and use of the FloorPlanOnline Web Sites or FloorPlanOnline Services, or any part thereof, with or without notice.
FloorPlanOnline Featured Vendors
From time to time, FloorPlanOnline may include on its www.floorplanonline.com site or on its branded version of the interactive floor plan, third party services such as ecommerce sites or advertisers tailored to the audience of the web site. FloorPlanOnline posts these services on its site or on the interactive floor plans as a service to its Users who may be interested in such services. FloorPlanOnline is not responsible and makes no warranty or representation as to the quality or performance of the services offered. FloorPlanOnline advises all Users to review each third party service offering carefully (and their associated privacy policies) prior to engagement with any third party Service Provider.
FloorPlanOnline Authorized Service Providers
FloorPlanOnline will use an Authorized Service Provider to perform the work requested for a Full Service order. FloorPlanOnline has processes in place to engage certified real estate appraisers, or other real estate professionals, to perform such work. In some cases, the Service Provider may have an electronic access key issued by their local Board of Realtors` to enter real estate properties for sale. The Service Provider will perform the property measurement, sketching and photography services, as ordered by you, the User. Although FloorPlanOnline endeavors to engage the most qualified Authorized Service Providers it can obtain, FloorPlanOnline cannot be held responsible for the actions of such Authorized Service Providers on or with respect to the premises.
Modification Of FloorPlanOnline Services
FloorPlanOnline reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. FloorPlanOnline shall not be liable to any User or any third party with respect to any such modification or discontinuance of service. To the extent a service has been paid for by User, that particular service will continue until the use by User has been completed or FloorPlanOnline will refund the fees for such service already paid by User
Fees and Registration Requirements for Users
FloorPlanOnline offers services targeted to real estate professionals, property owners, developers, builders and Service Providers to the real estate industry. To receive these services, Users ordering FloorPlanOnline Services must accurately complete a registration for each desired service and agree to relevant payment obligations. Depending on the service chosen, Users may be required to supply a valid credit card that is available for periodic payments.
All fees payable to FloorPlanOnline are non refundable. Some services may be subject to local sales tax and services that are taxable may vary based on the types of services purchased.
Membership Account Types
FloorPlanOnline offers two basic account types for Users who use the FloorPlanOnline services. – Pay per Tour or Subscription. General terms of each account is described below:
- Pay per Tour Users – Users may register as a Pay per Tour user. With this account plan, you pay a one-time fee as each tour is created that covers the initial production and service work related to the tour, and hosting and support for one year from the initial production date of the tour. The pricing of each tour depends on the type and services rendered. There are no monthly or set-up fees with this account option. Hosting of the tour beyond 12 months from the date the tour is first produced will require a renewal fee to be paid by User. FloorPlanOnline will provide notice to the registered User within 30 days of such renewal period and will seek payment at the then current rate for the service ordered. See our current pricing page for more information on the types of tours and pricing. Users are expected to pay for the tour at the time the tour is produced. If FloorPlanOnline is not able to bill for the services, it has the right to disable the tour and associated account until such time as it collects payment.
- Subscription Users – Subscribers may register for either a monthly or an annual service plan with FloorPlanOnline. Subscribers are entitled to create unlimited virtual tours in their account for the stated subscription fee. Users may also pay an upgrade fee to enhance the tour with content such as floor plans, vanity domain names, 3D RoomPlanner and more. See our Prices to view the current rates for our services. As long as the User’s account is in good standing and current, the virtual tours will never expire. If we are unable to bill a User’s account for any period, we will attempt to collect payment over a 10 day period by sending email notifications and/or other means of direct communication. If we are unable to collect payment during this 10 day period, the User’s account will be suspended and all tours will be disabled from public view. The account will remain in suspended status until the earlier of bringing the account up to good standing, which includes paying all cumulative subscription charges, or 6 months. If we are unable to collect payment at the end of 6 months, the account will be deleted, along with all tours. Subscription accounts are intended to be used by individual persons or small (3 or less people) teams for their own business need. If a User is providing multiple virtual tours for multiple people out of one account, then a company license is required. FloorPlanOnline will monitor account usage and has the right to adjust the pricing of a particular account if the account is being used for more than one individual user. Please contact Sales at 866-810-3816, option 2 if you would like to purchase a corporate license for one account.
Users may change account types (from Pay per Tour to Subscription, or vise versa). There may be a cost in changing from a Subscription account to a Pay per Tour account. The cost depends on how many tours were created under the Subscription account and the length of time the User has been a subscriber. The conversion cost is a formula based on the number of tours created multiplied by the per tour cost of a base Pay per Tour, less the cumulative amount paid for the subscription service. Please contact customer care if you have questions on the conversion process, by calling 866-810-3816.
Users may also delete their account. To delete an account, go to Edit Profile and select the Delete Account button. Note all tours will be disabled if you delete your account. We will keep a copy of your tours for a period of 6 months, in case you want to reinstate your account.
Service Fees. Pricing is based on the type of account plan a User has and the type of tour and services rendered for each tour. The floor plan services are generally based on a sliding scale based on the size of the property area measured, called the Measured Area of the property under roof, which may include attached garages, finished or unfinished basements, etc. This tracks with the work effort of the Service Provider and FloorPlanOnline in developing the floor plan. The Service Provider will NOT measure and draw porches, decks, guest houses, pools, and other areas of the property not under roof unless you specifically request it to be measured and drawn. In this case, these areas may increase the total Approximate Measured Area and the fee you pay since that adds to the total area measured. Please note, you may also ask the Service Provider to NOT measure and draw certain areas, at your discretion, such as the unfinished basement. Please specify your request in the Comments/Special Requests section on the order form.
A base fee applies up to the first 2,000 square feet and additional fees apply for each 500 square feet thereafter, depending on the product and service type selected. Click here for the Price Calculator to estimate the base fee for your order and your area. In addition, a difficulty surcharge may apply for architecturally challenging properties. Click here to read more on this surcharge. You will also be charged for Realtor.com linking and other add-on products or services, as you requested on the order form.
A Second Trip Charge may be assessed if you request additional areas of the floor plan to be measured and drawn at a date after the initial field work has been completed. A Second Trip Charge may also be assessed if you request additional areas of the floor plan to be measured and drawn, and/or additional photographs taken, at a date after the initial field work has been completed. Examples (not inclusive) of when a Second Trip Charge will be assessed are as follows:
- The property is not “show ready” for pictures and the decision has been made to delay shooting photos for that day.
- Weather conditions, such as snow or rain, has caused you to request the Service Provider to return to the property another day. In this case, you may want to postpone the appointment.
- No one is at the property at the scheduled time to let the Service Provider in to do the work for the order (if they need access).
- Agent or property owner fails to notify the Service Provider of any changes to the appointment time.
The Second Trip Charge is currently $100 per occurrence, but please note the fee may be higher in certain areas.
Billing typically occurs at the time a draft link is produced or when you register for a subscription account. You may cancel an order any time up to 24 hours of any scheduled appointment time (for full service orders). If you cancel within the 24 hour period of your appointment, a cancellation fee of $75 will apply. You will be billed for the full price of the order once the Service Provider and/or FloorPlanOnline completes their portion of the work required for the order. No refunds will be allowed once a service provider visits the property. Any questions or billing issues may be addressed by emailing us at email@example.com.
PAYMENT OF CHARGES
- On Time Payment
Each User who has ordered FloorPlanOnline Services is expected to pay all charges for FloorPlanOnline Services (Charges) on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. In that regard, any User ordering FloorPlanOnline Services is responsible for all Charges associated with the services ordered by User, or anyone the User allows to access Users account, including the additional information, content, goods, product or services that are ordered from time-to-time at an extra cost. Credit card transactions require an acceptable and currently working credit card number. FloorPlanOnline may terminate or disable Users account and associated virtual tours if User fails to pay any amount owed to FloorPlanOnline when due. If the credit card expires or otherwise declines payment, access to FloorPlanOnline and the related floor plan services can be modified or suspended. If payment is more than thirty (30) calendar days past due an additional amount will be charged to User equal to the lower of one percent (1%) per month or the maximum allowable by law and the entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. User shall pay all costs of collection, including legal fees, incurred by FloorPlanOnline. Each time a FloorPlanOnline Service is used, User affirms that FloorPlanOnline is authorized to obtain payment through the selected payment method. All fees are quoted and payable in United States dollars. Charges may include sales and similar taxes, if applicable. User is responsible for paying all applicable taxes.
- Payment Methods
- Account Discrepancies User may always contact FloorPlanOnline customer service by e-mail or telephone concerning Charges or other questions regarding the status of FloorPlanOnline Services. If User does not contact FloorPlanOnline within ninety (90) days of receipt of a bill, such bill will be deemed accepted and User may not make any claims with respect thereto. Billing questions or issues should be directed to Customer Service Department, FloorPlanOnline, PO Box 1782, Issaquah, WA 98027 delivered by United States mail or by fax to 206-260-3155, or firstname.lastname@example.org.
Obligations of Users Registered with FloorPlanOnline
By completing the User registration with FloorPlanOnline as a User, User agrees that:
- User is of legal age and otherwise capable of forming a legally binding contract and User has obtained all necessary permissions to participate in, purchase and use the FloorPlanOnline Services;
- All Property Information is accurate and complete and that User will maintain and promptly update such Property Information supplied to FloorPlanOnline to ensure accuracy at all times;
- User has complied, and will comply, with all legal, licensing and regulatory requirements with respect to the use by User of the FloorPlanOnline Services;
- User agrees to be contacted via Email or other forms of communication by FloorPlanOnline and/or Authorized Service Providers, if relevant, regarding FloorPlanOnline’s services;
- User has secured and will maintain any required supervising broker’s authorization or property owner authorization, and payment of a fee that will be incurred by virtue of your use of the FloorPlanOnline service;
- In order to produce a User-branded presentation from the FloorPlanOnline Service (if ordered) User hereby grants FloorPlanOnline permission to e-mail or display the Users contact information, name, agent photographs (if supplied), colors, text, logos and other elements of the look and feel of the Users web site and such other information as may be supplied by User to FloorPlanOnline on or from FloorPlanOnline’s web site (http://www.floorplanonline.com).
TERM AND TERMINATION
Each time you order services from FloorPlanOnline®, it forms a new agreement between you and FloorPlanOnline® with respect to those services (Agreement). The term of each such Agreement between you and FloorPlanOnline® shall extend from the date you order such services until the earlier of one year from that date and the date on which your floor plans have been delivered to you. FloorPlanOnline® reserves the right to cancel the registration of any User in any FloorPlanOnline® Service at any time due to Users breach of our Agreement or due to consumer complaints regarding the accuracy of a Users floor plans. All fees due to FloorPlanOnline® up to the point of termination shall remain payable to FloorPlanOnline® and any pre-paid fees received by FloorPlanOnline® for services not delivered up to the point of termination shall be refunded
Copyright and Trade Mark Notices
All contents of the FloorPlanOnline® web site and the FloorPlanOnline Services are Copyright © 2004-2011 FloorPlanOnline, LLC and/or its suppliers, P.O. Box 1782, Issaquah, WA 08027, USA. All rights reserved. FloorPlanOnline® is a registered trademark of Floor Plan-Online, LLC. Other product and company names may be trade or service marks of their respective owners.
DISCLAIMERS AND LIMITATIONS
THE FLOOR PLANS PROVIDED BY FLOORPLANONLINE ARE NOT INTENDED TO BE, NOR SHOULD THEY BE RELIED ON AS, OFFICIAL ARCHITECTURAL DRAWINGS OR SIMILAR RENDERINGS OF A FLOOR PLAN BY A LICENSED, PROFESSIONAL ARCHITECT, ENGINEER OR OTHER SIMILAR PROFESSIONAL. FLOORPLANONLINE IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS CREATED OR THE RESULT OF INACCURATE MEASUREMENTS OR PLACEMENT OF DETAILS WITHIN A FLOOR PLAN RENDERING. FLOORPLANONLINE RECOMMENDS THAT PERSONS INTERESTED IN THE EXACT FLOOR PLAN OF THE PROPERTY IN QUESTION CONSULT A LICENSED ARCHITECT, ENGINEER OR CHECK WITH THE LOCAL GOVERNMENT OFFICES OF THE CITY IN WHICH THE PROPERTY IS LOCATED FOR THE OFFICIAL BLUE PRINTS OR ARCHITECTURAL DRAWINGS OF THE PROPERTY.
FloorPlanOnline intends that the information contained in this Web Site and the FloorPlanOnline Services be reliable; however, errors sometimes occur. In addition, FloorPlanOnline may make changes and improvements to the information provided through this web site at any time. THE WEB SITE AND THE FLOORPLANONLINE SERVICES ARE PROVIDED “AS IS.” FLOORPLANONLINE AND ITS SUPPLIERS AND AUTHORIZED Service ProviderS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO FLOORPLANONLINE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF FLOOR PLAN ONLINE’S SERVICES AND THIS WEB SITE IS AT USERS OWN RISK. FLOOR PLAN ONLINE ANDSUPPLIERS AND AUTHORIZED Service ProviderS ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE FLOOR PLANONLINE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE OR THE FLOORPLANONLINE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLOOR PLAN ONLINE AND/OR ITS SUPPLIERS OR AUTHORIZED SERVICE PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO USER. USERS SOLE REMEDIES FOR DISSATISFACTION WITH THE FLOORPLANONLINE SERVICES IS TO STOP USING SUCH SERVICES AND TO MAKE A CLAIM FOR FEES ALREADY PAID TO FLOORPLANONLINE WITH RESPECT TO SUCH SERVICES.
ERRORS AND DELAYS
FloorPlanOnline is not responsible for any errors or delays in creating a computer-aided rendering of a floor plan for a property, nor is FloorPlanOnline responsible for any errors or delays in responding to a request for a floor plan rendering caused by an incorrect e-mail address provided by User or other technical problems beyond our reasonable control.
Any claim or controversy arising out of or relating to the use of the FloorPlanOnline Service, to the goods or services provided by FloorPlanOnline, or to any acts or omissions for which User may contend FloorPlanOnline is liable (Dispute) shall be finally, and exclusively, settled by arbitration in King County, Washington. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to FloorPlanOnline. To begin the arbitration process, a party must make a written demand therefor. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Washington. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN USER AND FLOORPLANONLINE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. USERS RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.