What is the purpose of this Section of our Website?
This Section of our website explains the basics agreements we will make with one another pertaining to how and under what conditions you may access and use this website, and, if you decide to purchase a home plan from us, the terms and conditions of each sale. By clicking “accept,” the terms and conditions explained below will become legally binding and enforceable in accordance with their terms.
Who owns this website?
This website is owned by the following North Carolina limited liability company:
Houseplan Works Marketing, LLC (hereafter “HPW”)
P.O. Box: 1467
Cary, NC 27512
1400 Crescent Green Drive,
Cary, NC 27518
HPW reserves the right to discontinue this website or alter the content of this website at any time and without prior or subsequent notice
Who may use this website?
Any person who is eighteen (18) years of age or older. If you are under the age of eighteen (18), you may not use this website for any reason.
May I unsubscribe from receiving information from this website?
Yes, you may unsubscribe from receiving promotional materials and other information from us at any time and for any reason by informing us that you do not wish to continue to be a subscriber. However, the non-exclusive, worldwide and royalty free license you grant to HPW as described in these terms and conditions shall remain the property of HPW after you unsubscribe from this website and all warranties and representations you make to HPW shall survive the termination of your subscription.
How may I use this website?
By allowing you to view the content on this website, HPW is granting to you a personal non-transferrable non-exclusive and terminable at will license to personally view and examine the content contained on this website and to browse and purchase the home plans we offer for sale using your personal computer or personal electronic device, and, except as expressly stated herein, HPW does not grant and you do not have any rights to access or use this website or any content appearing on this website including, but not limited to, the right to modify, the right to republish, the right to display and the right to be compensated in connection therewith. HPW retains all rights of ownership to this website and the content appearing on this website, and HPW reserves the right to revoke your non-exclusive license at will and in HPW’s sole discretion. By viewing this website, you agree that you will not access or use this website or its content for any purpose other than those purposes expressly stated with the scope of the non-transferrable non-exclusive and terminable at will license described in this section. Further, HPW disclaims, absolutely, all warranties, express, implied or otherwise, in connection with the content of this website.
Should your non-exclusive license be terminated, you agree that you will not access or attempt to access this website for any purpose or use any information contained on this website unless and until HPW, in its sole discretion, elects to grant a new license to you.
Who owns the intellectual property contained on this website?
HPW either owns or has a lawful license to use and authorize others to view all of the materials appearing on this website, and HPW reserves all rights to include, but not limited to, rights of ownership of all of the copyrighted or copyrightable materials appearing on this website. The copyrights to the various home plans appearing on this website are owned by the designers identified on each of the home plans, and we are licensed by these designers to sell a license to these home plans to you for use in a manner that is consistent with these Terms and Conditions.
Should you choose to add any data or content to this website, you represent and warrant to HPW the following: (a) you have the authority to grant and are in fact granting to HPW a non-exclusive, worldwide and royalty free license to use, store, reproduce, publish, license, sublicense and distribute all such data or content, (b) you have the absolute right to grant the foregoing non-exclusive, worldwide and royalty free license, (c) your data or content does not infringe upon the rights of any other person, and (d) your data and content and the license described herein are lawful in all respects.
May I copy, print, display or redistribute the content of this website?
Yes, you may copy, print, display and redistribute the content of this website so long as you are doing so for purposes of deciding whether to purchase one of the home plans we offer for sale. You may not copy, print, display, redistribute or otherwise duplicate, reverse-engineer or modify the content of this website for any other purpose.
May I purchase a home plan?
Yes, you may purchase a non-transferrable and non-exclusive license to as many home plans as you choose for the prices reflected on this website for plans you select on the date you elect to purchase them. All prices are subject to change at any time and without prior or subsequent notice to you.
How do I purchase a home plan?
When you find a home plan that you would like to purchase, you will select the button “Add to Cart,” and the plan will be added to the shopping cart associated with your account. Once you have added all of the home plans you would like to purchase to your shopping cart, you will select the button “Check Out,” and you will be taken to the section of this website where you will be required to input information such as your name, address, and method of payment.
Is my privacy and credit card information safe?
We use commercially reasonable efforts to ensure your online buying experience is as secure as possible. When you order a home plan, all information is encrypted before sending it from our secure server to an automated payment processing center that validates your credit card. All payments are managed by Authorize.net. We do not store credit card information.
How will my home plans be delivered to me?
After your payment for each home plan has been fully processed by HPW, HPW will send an e-mail to you with a PDF file attached that contains the home plan you purchased within three (3) business days.
Are plans returnable or refundable?
No. All purchases are final and purchased home plans are not returnable or refundable for any reason.
What is a PDF file?
A PDF file is a data file that contains an electronic display of the home plan.
What is included in the PDF file I will receive?
Exterior Elevations: Front, rear, right and left side elevations showing the finishes for the building materials such as siding, brick, stone, etc. This sheet also shows the type of roofing materials and decorative elements such as wide trim, size of columns and window shutters. Roof pitches and ceiling heights are also shown on the elevation sheet.
Floor Plans: The floor plan sheets show the layout of the house which includes wall sizes, room dimensions, ceiling heights, window and door sizes and locations, fireplace location, kitchen cabinets, built-in shelves, desks, vanities and plumbing fixtures, and notes about ceiling heights.
Foundation Plan: This sheet shows a detailed drawing of the foundation which includes information such as foundation wall location, foundation vents, and crawl space access. An engineer will have to design the structural aspects of the foundation.
Roof Plan: The plan shows an overall view of the layout of the roof, roof pitches, slopes, ridges, valleys, etc. An engineer will have to design the structural aspects of the roof.
Is engineering data included with my plan?
No. Our home plans are marketed throughout the United States of America and the world, and the rules and regulations governing the proper and lawful construction of any structure vary from place to place. For this reason, you will not receive any engineering data from HPW, and, after purchasing a home plan, you will need to engage a properly licensed engineer in the local area where you intend to build your home to develop construction drawings and plans that comply with your local building codes and the standard building practices in your chosen locale to include, but not limited to, all structural, mechanical and electrical components of the home.
What do the abbreviations appearing in our home plans mean?
- CATH—Cathedral Ceiling
- KS—Knee Space
- POWD—Powder Room
- WH—Water Heater
How is the square footage in our home plans calculated?
The heated square footage is based only on the heated area of the house and is measured from outside the exterior frame wall and does not include decks, porches, screened porches, patios, garages and any unfinished area. Two story and vaulted areas are included only once in the calculations of the first floor. The square footage is calculated using the actual drawings.
What rights do I have to use the home plans I purchase?
By purchasing a home plan, HPW grants to you a non-exclusive, non-transferrable, terminable and single use license to (a) construct one (1) structure consistently with home plan that you have purchased, and (b) display the home plan in connection with the marketing and sale of the structure you build using the home plan you purchased provided, however, all displays must prominently include the name, copyright and home plan name as listed by HPW in the home plan that you purchase.
May I use the home plan I purchase to build more than one home?
No. By purchasing a home plan, you are licensed to construct a single structure. Should you desire to construct more than one structure using the same home plan that you purchased, you are required to receive from HPW a multi-build license can be purchased for an additional fee.
May I use the home plans I purchase for marketing?
Yes. If you build a home using the home plans you purchase from HPW and provided your license has not been terminated, you may use the home plan and any artwork accompanying the home plan for purposes of marketing your home for sale provided you comply with the following conditions: (a)the name of the designer, copyright and title information printed on the home plan you purchase must remain on all prints, reproducible, electronic and sales media, (b) the name of the designer printed on the home plan that you purchase must be recognized as the original designer of the plan and any derivative work there from, and (c) you may not display the home plan or artwork on the internet in any format.
Are the home plans I purchase copyrighted?
Yes. All of the home plans appearing on our website are copyrighted. Once you purchase a plan, you will be granted a non-transferrable, non-exclusive and single-use license which grants you certain limited rights such as the permission to modify and print copies of the home plan as reasonably needed to build a single structure utilizing the home plan. The text and content of this license appears below in the section of these Terms and Conditions captioned “Additional Terms and Conditions.” Only one structure may be built from this license unless a multi-build license is purchased. This license grants you permission to have someone else modify the plan for you; however, all derivative work that is made using the home plan that you purchase whether created by you or by someone else is the sole and exclusive property of the designer whose name is printed in the home plan that you purchase and shall be subject to the scope of the license granted to you.
Is the license that I purchase to home plans transferable?
Yes and no. Once you build a residence using the home plan that you purchase, you have the right to sell your home even though certain attributes of your home may be subject to a copyright owned by the designer whose name is printed in the home plan that you purchase. However, once you purchase a home plan, you may only build one structure using this home plan and you are not authorized to transfer, directly or indirectly, the license to this home plan to anyone else for any reason without HPW’s prior written consent, which may be issued or withheld in HPW’s sole discretion.
May I modify the home plans that I purchase?
Yes. You may reasonably modify each home plan that you purchase or authorize others to modify the home plan for you. However, all derivative work that is made using the home plan that you purchase whether created by you or by someone else is the sole and exclusive property of the designer whose name is printed in the home plan that you purchase and shall be subject to the scope of the license granted to you.
HPW maintains relationships with one or more preferred designers that HPW has screened and approved for efficiency, skill and value of services, and HPW will assist you with modifying your home plan pursuant to a separate agreement that you may enter with HPW’s preferred designers to purchase modification services. When you purchase a home plan, you are only purchasing the home plan, and you must enter a separate agreement with HPW’s preferred designers should you wish for HPW’s preferred designers to modify your home plan for you. Though HPW will make a referral to you for design services, HPW does not warrant or provide any remedy related to claims that may arise from the provision of these design services, and your rights and remedies related to the services of HPW’s preferred will be only the rights and remedies expressly provided for in the independent design services agreement you enter with HPW’s preferred designers. If you are interested in purchasing modification services, you should contact HPW via e-mail and a HPW representative will be in touch with you as promptly as possible.
Do I receive a warranty with the home plans I purchase?
Yes. By selling a home plan to you, HPW warrants that it has the right to convey the non-transferrable, non-exclusive and single-use license described in these terms and conditions to you and that the grant of this license does not infringe upon intellectual property owned by others. Except for this limited warranty, all home plans are delivered to you as-is and with no warranties, express or implied.
By accepting these terms and conditions, are there other terms and conditions to which I will agree?
Yes. By accepting the terms and conditions, there are other agreements we will make with one another. Before accepting these terms and conditions, you should read them carefully, and you are free to show (and HPW encourages you to show) these terms and conditions to other persons such as a family member, lawyer, or other professionals who you wish to assist you understanding each of these terms and conditions and deciding whether you should.
By accepting these Terms and Conditions you also accept and agree to the each and all of the following additional terms and conditions:
By accepting these terms and conditions, you accept and agree to comply with each of the foregoing terms and conditions. In addition to the terms and conditions described in the immediately preceding paragraphs, you agree to the following terms and conditions when you accept our terms and conditions. If there is any conflict between the preceding paragraphs and the paragraphs that follow, the paragraphs that follow shall supersede the preceding paragraphs and be fully operable.
- Non-Exclusive and Non-Transferrable License to Use Website. For purposes of this paragraph, “Intellectual Property” shall mean any and all rights under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law, or other similar protections, whether or not such rights are registered or perfected in relation to the content appearing and otherwise included on this website.The ownership of all Intellectual Property shall remain the sole and absolute property of HPW. By accepting these terms and conditions, HPW does hereby grant to you a non-exclusive, non-transferable license to use the Intellectual Property for the sole purpose of considering whether to purchase one or more of the home plans offered for sale by HPW. You may reproduce, copy and display the Intellectual Property for the limited purpose of considering whether to purchase one or more of the home plans offered for sale by HPW and may not reproduce, copy or display the Intellectual Property for any other purpose.You shall take all reasonable measures to secure the Intellectual Property and to prevent any unauthorized copying of or access to the Intellectual Property. You shall promptly notify HPW of any unauthorized copying or use of the Intellectual Property and shall cooperate fully with HPW in all remedial efforts addressing such unauthorized events.All rights conferred upon you by virtue of accepting these terms and conditions may be suspended, revoked, terminated and/or rescinded by HPW at any time and at HPW’s sole discretion.Under no circumstances shall the grant of the foregoing license be construed to grant you any ownership interest in or other right to Intellectual Property or otherwise prohibit HPW from utilizing, selling or licensing the Intellectual Property to others. HPW specifically reserves the right to assign and transfer all or any part of HPW’s rights and interests in Intellectual Property to others, to grant licenses to others, to make, have made, use, sell, import, or otherwise dispose of the Intellectual Property on such terms as HPW may deem appropriate. HPW may, but does not have the obligation hereunder to, institute an action or suit against third parties for infringement of any Intellectual Property or to defend any action or suit brought by a third party which challenges or concerns the validity or priority of the Intellectual Property.
- Non-Exclusive and Non-Transferrable License to Use Purchased Home Plan. For purposes of this paragraph, “Intellectual Property” shall mean any and all rights under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law, or other similar protections, whether or not such rights are registered or perfected in relation to the content appearing and otherwise included on this website.The ownership of all Intellectual Property shall remain the sole and absolute property of HPW. By accepting these terms and conditions and by purchasing one or more house plans offered by HPW, HPW does hereby grant to you a non-exclusive, non-transferable license to use the Intellectual Property for the sole purpose of constructing a residence consistently with the house plan(s) you purchase. You may modify the Intellectual Property for construction purposes only, however, all rights, including copyrights, to the Intellectual Property including all modifications thereto shall remain the sole and exclusive property of Designer and, under no circumstances, shall such modifications be considered joint works or joint authorship by you on the one hand and HPW on the other. You are also granted a non-exclusive non-transferrable license to use simplified versions of the Intellectual Property for marketing purposes; however, you are expressly prohibited from displaying the Intellectual Property on any website and from distributing the Intellectual Property in any form of electronic media.You shall take all reasonable measures to secure the Intellectual Property and to prevent any unauthorized copying of or access to the Intellectual Property. You shall promptly notify HPW of any unauthorized copying or use of the Intellectual Property and shall cooperate fully with HPW in all remedial efforts addressing such unauthorized events.All rights conferred upon you by virtue of accepting these terms and conditions paragraph shall become automatically null, void, and of no further effect upon your breach of any of the terms and conditions set forth herein. All rights conferred upon you by virtue of accepting these terms and conditions may be suspended, revoked, terminated and/or rescinded by HPW at any time and at HPW’s sole discretion prior to the time you start to construct a residence utilizing the home plan(s) you purchased by providing you a refund of the sums you paid to purchase a license to the home plan(s).Under no circumstances shall the grant of the foregoing license be construed to grant you any ownership interest in or other right to Intellectual Property or otherwise prohibit HPW from utilizing, selling or licensing the Intellectual Property to others. HPW specifically reserves the right to assign and transfer all or any part of HPW’s rights and interests in Intellectual Property to others, to grant licenses to others, to make, have made, use, sell, import, or otherwise dispose of the Intellectual Property on such terms as HPW may deem appropriate. HPW may, but does not have the obligation hereunder to, institute an action or suit against third parties for infringement of any Intellectual Property or to defend any action or suit brought by a third party which challenges or concerns the validity or priority of the Intellectual Property.
- Assignment. You shall not be permitted to assign any right secured pursuant to these terms and conditions without the prior written consent of HPW which may be withheld in HPW’s sole discretion.
- Governing Law & Forum Selection. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, whether or not the parties are located in or otherwise remain in North Carolina. The parties agree that, should litigation between the parties become necessary or ensue the state courts located in Wake County, North Carolina and the federal courts located in the Eastern District of North Carolina are convenient forums and are the only forums in which a claim arising from or related to this Agreement may be filed, maintained, or litigated, and both parties knowingly submit to the jurisdiction of these courts. Moreover, at the election of Designer, Client may be compelled to resolve all disputes with Designer by submitting all such disputes to binding arbitration under the rules and procedures of the American Arbitration Association as those rules and procedures then exist.
- Attorneys’ Fees. In the event any party is required to institute any action, proceeding, or litigation to enforce the payments, rights, or obligations set forth in this Agreement, the party who receives enforcement of this Agreement by court order or judgment shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, litigation fees, costs, and the like, in an amount to be determined within the reasonable discretion of the court. It is the intent of the parties that reasonable attorneys’ fees, litigation fees, costs and the like should be awarded unless substantial justification is found warranting the non-assessment of these fees and costs. Furthermore, fees and costs shall be determined by the amounts reasonably incurred by the parties and shall not be limited or expanded by the application of any statute or law related to the assessment of legal fees and costs.
- Modification & Waiver. Once you accept these terms and conditions, they may only be amended, modified, superseded or canceled by a written instrument executed by HPW. Notice or knowledge of any matter shall not constitute a waiver of any right herein. The failure to enforce a breach of these terms and conditions by either party shall not constitute a waiver, nor shall the closing of any purchase by you constitute a waiver. All waivers asserted, in order to be enforceable, must be in writing and signed by the party to be charged. If you have previously accepted these terms and conditions and, thereafter, HPW chooses to modify them, HPW may require you to accept the modified terms and conditions as a condition precedent to allowing you to access its website or purchase a house plan.
- Severability. In the event any provision of these terms and conditions is deemed to be unenforceable, the remainder of these terms and conditions shall not be affected thereby and each provision shall be valid and enforced to the fullest extent permitted by law.
- Binding Effect. Except as otherwise stated herein, all of the provisions of these terms and conditions shall be binding upon the parties, their respective heirs, next of kin, executors, administrators, successors, assigns and the like.
- Voluntary Acceptance. You acknowledge that you have accepted these terms and conditions of your own free will and volition and acknowledge that no undue influence, coercion, pressure or force has been used against you in the acceptance or these terms and conditions, either by HPW or by any other person. You acknowledge that the provisions of this Agreement are fair, adequate and satisfactory to you. You represent that, prior to accepting these terms and conditions, you have had the opportunity to receive advice with respect these terms and conditions from such advisors and legal counsel of your own choice. You agree that the decision of whether to accept these terms and conditions is optional and that you have the right to refuse to agree to them. You agree that you have had an equal opportunity to review and contribute to the language and format of these terms and conditions, and, therefore, these terms and conditions shall not be construed against any party on the basis that such party was the drafter.
- Section Headings. The paragraph, section and article headings used in these terms and conditions are intended solely for convenience and reference and shall not in any manner amend, limit, modify or otherwise be used in the interpretation of any of the provisions of these terms and conditions.
- Authority. You represent and warrant that you have read and understand the provisions of these terms and conditions and have full authority to accept these terms and conditions and to enter the agreements and consummate the transactions contemplated by these terms and conditions.
- Consideration. You understand that, but for your acceptance of these terms and conditions, HPW would not allow you to access this website or conduct any business with you. You expressly acknowledge and agree that all of the contents of these terms and conditions are supported by good, valid and legally sufficient consideration so as to make these terms and conditions binding and valid.
- Designations. The terms “HPW” and “You” and all pronouns relating thereto shall be deemed to mean and include corporations, partnerships, limited liability companies, and individuals as may fit the context; the masculine gender shall be deemed to include the feminine and the neuter; and the singular numbers, the plural.
- Cooperation. You agree that you will reasonably cooperate with HPW to implement these terms and conditions and to provide HPW such assurances and substantiation as HPW may request from time to time verifying that you have complied and are in compliance with these terms and conditions.
- Limitation of Damages. You and HPW agree, in advance, that any damages that you may incur by virtue of the actions or inactions of HPW shall be strictly limited. To that end, the following limitations on damages shall apply and shall constitute your sole and exclusive remedy for any damage or loss in any way connected with the actions and/or inactions of HPW irrespective of whether such damages or losses sound arise from breach of contract, negligence, tort, violation of statute or breach of any other duty or obligation. In no event and under no theory of law or equity shall HPW be liable to you for any amount exceeding the sums, if any, you paid to HPW during the twelve (12) month period immediately preceding the date on which your loss was incurred or damage sustained.HPW SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY OTHER PERSON, ENTITY OR PARTY FOR ANY LOST PROFITS OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR SIMILAR DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS, WORK STOPPAGE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER DIRECTLY OR INDIRECTLY CAUSED, WHETHER IN TORT, CONTRACT, STATUTORY, REGULATORY OR OTHERWISE, EVEN IF HPW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HPW’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO THE TYPE AND AMOUNT OF DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH OF THESE TERMS AND CONDITIONS AND YOU DO HEREBY RELINQUISH, WAIVE, FORFEIT AND RELEASE ALL RIGHT TO CLAIM ANY OTHER REMEDY OR DAMAGES BY VIRTUE OF ANY ACTION OR INACTION OF HPW.
- Assumption of Risk. You hereby assume all risks and agree that all limitations and releases contained in these terms and conditions. You hereby assume the above-mentioned risks and agree that the Releases contained in this Agreement SHALL APPLY TO ALL UNKNOWN AND ALL UNANTICIPATED, AT THE TIME OF ACCEPTING THESE TERMS AND CONDITIONS, LOSSES, DAMAGES OR INJURIES WHICH ARE IN SOME WAY CAUSED BY OR RELATED TO OR ARISE FROM ANY FACT, MATTER, CAUSE, THING, OMISSION OR COMMISSION WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING OUT OF ALL PAST, PRESENT OR FUTURE ACTIONS OF HPW. Without limiting the foregoing, you waive any and all rights you may have under California Civil Code Section 1542, which reads as follows:“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Specific Performance. You acknowledge and agree that a breach or violation of any of the covenants or duties described within these terms and conditions will result in immediate and irreparable harm in an amount which will be impossible to ascertain at the time of the breach or violation and that the award of monetary damages will not, by itself, be or provide adequate relief to HPW. Therefore, your failure to perform any of the covenants or duties established by these terms and conditions shall give rise to a right for HPW to obtain enforcement of these terms and conditions by a decree of specific performance or other injunctive relief and recovery of its reasonable attorneys’ fees incurred in the pursuit thereof. You acknowledge and agree that, as part of any order, judgment or decree specifically enforcing these terms and conditions, the court may require you to take such measures as are reasonably necessary to remove, destroy and cease utilizing any materials that violate these terms and conditions from the internet or any other places such materials are located. The remedies stated herein shall be cumulative and in addition to any other remedy HPW may have including, but not limited to, monetary claims for damages.
- Force Majeure. Notwithstanding any other provision of these terms and conditions, HPW shall not have any liability for any loss or damage caused by any event not within HPW’s sole control such as an act of God, war, riots, civil disturbance, strike, accident, fire, transportation conditions, labor and/or material shortages, governmental controls, regulations, permits or embargoes.
- Waiver of Warranty. Except as expressly set forth herein, HPW does not make or issue any warranty, and you waive all warranties, express, implied or otherwise. You accept this website as-is where-is, and, if you purchase one or more home plans, you accept and will receive the home plan as-is where-is and with all defects, patent, latent or otherwise.
- Indemnity. To the fullest extent permitted by law, you shall indemnify and hold harmless HPW and its owners, agents, managers, and employees from any and all damage, injury, loss, liability, or expense (including, but not limited to, attorneys’ fees and expert witness fees) incurred by HPW as a direct or indirect result of the conduct, actions and inactions of you and your agents. Your obligation and duty to defend, indemnify and hold harmless HPW shall survive the expiration or termination of this Agreement and shall continue until such time as all actions against HPW arising directly or indirectly from your conduct, activities inactions or those of your agents are barred by applicable statutes of limitation or repose; however, in the event a claim is asserted against HPW after the expiration of any such period, your duty to defend, indemnify and hold harmless shall continue in effect as to all such claims until they are fully resolved.
- Entire Agreement & Merger. All statements and agreements of the parties are merged into this Agreement and the instruments and contract documents specifically referred to herein. The parol evidence rule shall apply, and all previous and contemporaneous statements and representations may not be asserted in any fashion except to prove a material misrepresentation or omission. This Agreement has been produced through the negotiation of the parties, and both parties have contributed to its drafting; for this reason, the rule of construction against the drafter shall not apply.