Privacy Policy / Terms of Use

These Terms of Use ("Terms") govern Your access or use of the applications, websites, content, products, and services ("George Allen Services") made available in the United States by George Allen Construction Co. and its parents, subsidiaries, representatives, affiliates, officers and directors ("George Allen").

Prior to your use of the services, you shall read and accept all of the terms as well as any other policy of the services. By accessing or using the George Allen services, whether or not you create an account, you confirm your agreement to be bound by these terms. George Allen may make changes to the content and services offered on this site at any time. George Allen can change these terms at any time by posting updated terms of use on this site. If you do not cease using this site, you will be conclusively deemed to have accepted the updated terms of use George Allen shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the website.

George Allen may immediately terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Definitions

“Site” shall mean: any page contained within georgeallenconstruction.com or any affiliate Site.

“Terms” shall mean: this Terms of Use Policy along with any Site Rules, Privacy Policy, Cookie Policy, Disclaimer, and any other document incorporated herein including all changes, modifications and/or updates.

“You” or “User” shall mean: the individual now registering as a user of the Site or the existing user of the Site now agreeing to the Terms of Use Agreement, and the company or other business or governmental entity, if any, specified by You upon registration (any such entity, “Your Company”). You and Your Company, if any, shall be jointly and severally liable for any obligations under this Agreement.

George Allen Services

George Allen Services are comprised of a website that allows its users to access information about George Allen Construction and potentially upload documents for our viewing (“Services”).

Termination and Suspension

We may terminate Your access to Our Site at any time without notice to You. If You violate any Terms of Use or other Site Policy Your right to access this Site may automatically terminate. We may, in Our sole discretion, terminate or suspend Your access to all or part of the Site services or products at any time, for any reason, including, without limitation, breach of any Site Policies.

We may, at any time:

Modify, suspend or terminate the operation of or access to any of part or the whole Site or Services, or any portion of the Site or Services, for any reason;
modify or change the Site or Services, or any portion of the Site or Services, and any Terms of Use, Additional Terms and other Site Policies governing the use of the Site or Services, for any reason;
Interrupt the operation of the Site or Services, or any portion of the Site or Services, for any reason, all as We deem appropriate in Our sole discretion.

Your access to, and use of, the Site or Services may be terminated by You or by Us at any time and for any reason. You may terminate Your account on this Site at any time by accessing Your User Profile and following all Cancellation Policies. We will use reasonable efforts to notify You in advance about any material modification, suspension or termination that is not caused by Your breach of the Terms.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

If We believe Your actions may cause Us or other users legal liability, harm, or loss, We reserve the right to notify other users of Your actions.

Should You object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related services in any way, Your only recourse is to immediately:

Discontinue use of the Site and services;
Terminate Your membership; and
Notify Us of termination.

Use Caution

You should exercise caution and common sense to protect Your personal information and safety, just as You would when interacting with any person whom You do not personally know.

By using the services, you agree to hold George Allen free from the responsibility for any liability, loss, or damage that might arise from the services. George Allen is not responsible for the conduct of any user or third-party provider, and will not be liable for any claim, loss, injury, or damage arising in connection with any services or goods provided by any third-party provider.

Third Party Interactions

George Allen does not endorse any third-party services or content, and in no event, shall George Allen be responsible or liable for any content, products, services or other materials of or available from Third Party Providers. You acknowledge that additional or different terms and conditions of use and privacy policies may apply to Your use of or access to third party goods, services or content, and George Allen disclaims any and all responsibility or liability arising from agreements or arrangements between You and the Third-Party Provider.

Must be 18 or Older

In order to use most aspects of the George Allen Services, You must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age to obtain an Account or to use the George Allen Services. The George Allen Services are not available to children (persons under the age of 18). By using the Services, You represent and warrant that You are at least 18 years old. You further represent and warrant to George Allen that You have the right, authority, and capacity to enter into these Terms and abide by these Terms.

License

Subject to Your compliance with these Terms, George Allen grants You a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use the Site on Your personal device solely in connection with Your use of the George Allen Services; and (ii) access and use any content, information and related materials that may be made available through the George Allen Services, in each case solely for Your personal, noncommercial use. Any rights not expressly granted herein are reserved by George Allen and George Allen's licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the George Allen Services or Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the

George Allen Services except as expressly permitted by George Allen; (iii) decompile, reverse engineer or disassemble the George Allen Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the George Allen Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the George Allen Services or unduly burdening or hindering the operation and/or functionality of any aspect of the George Allen Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the George Allen Services or its related systems or networks.

Third Party Services and Content

George Allen Services may be made available or accessed in connection with third party services and content (including advertising) that George Allen does not control. You acknowledge that different terms of use and privacy policies may apply to Your use of such third-party services and content. George Allen does not endorse such third-party services and content and in no event shall George Allen be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if You access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the George Allen Services in any manner. Your access to the George Allen Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.

Accuracy, Completeness and Timeliness of Information

We are not responsible for information made available by others. Information provided by third parties may be inaccurate, incomplete or not current. The material provided by Us or by third parties should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on any material is at Your own risk. Although every effort is made to ensure accurate information, George Allen and its agents, affiliates, suppliers, and independent contractors are not responsible for errors, typographical or otherwise. If You have questions, please contact Us at info@georgeallenconstruction.com.

Intellectual Property

George Allen Services and all rights therein are and shall remain George Allen's. Neither these Terms nor Your use of the Services convey or grant to You any rights: (i) in or related to George Allen Services except for the limited license granted above; or (ii) to use or reference in any manner George Allen's company name, logos, slogans, product and service names, trademarks or services marks or any other Intellectual Property.

Other than as set forth above, any redistribution of the George Allen Newsletters, e-mails, the George Allen Website or the information contained therein, without the written consent of the publishers of George Allen, is STRICTLY PROHIBITED. Copying and/or electronic transmission of the George Allen Newsletter, Web Site or content is a violation of copyright law.

“George Allen,” “George Allen Construction,” “George Allen Construction Co,” and “www.georgeallenconstruction.com” and any related logo(s) are trademarks of George Allen Construction Co. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of George Allen Construction Co., Copyright 2022. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

George Allen provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") are provided to You by George Allen and are the copyrighted and/or trademarked work of George Allen.

Claims of Copyright Infringement

Claims of copyright infringement should be sent to George Allen's attention. Please visit George Allen's web page for the designated address and additional information.

Disclaimer of Warranties

The services are provided "As is" and "As available." George Allen disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, George Allen makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the George Allen services or third-party services, or that the George Allen services will be uninterrupted or error-free. George Allen does not guarantee the quality, suitability, safety or ability of third- party providers. You agree that the entire risk arising out of your use of the services, and any service or goods requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Neither the materials, communications nor the third-party content have been verified or authenticated in whole or in part by George Allen, and they may include inaccuracies or typographical or other errors. George Allen does not warrant the accuracy or timeliness of the materials, submissions or the third-party content contained on this site. George allen has no liability for any errors or omissions in the materials, submissions and/or the third-party content, whether provided by George Allen or our licensors.

Limitation of Liability

George allen shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the George Allen services or third-party services, regardless of the negligence (either active, affirmative, sole, or concurrent) of George Allen, even if George Allen has been advised of the possibility of such damages.

To the fullest extent permitted by law, the total liability of the indemnified parties to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this agreement or your use of the site shall not exceed the greater of (a) the amount you have paid to us in the 12 months prior to the event giving rise to your claim or (b) us $100.00. This limitation shall not apply in the case of willful or intentional misconduct.

George allen shall not be liable for any damages, liability or losses arising out of:

(I) your use of or reliance on the George Allen services or third-party services or your inability to access or use the George Allen services; or (ii) any transaction or relationship between you and any third-party provider, even if George Allen has been advised of the possibility of such damages. George allen shall not be liable for delay or failure in performance resulting from causes beyond George Allen's reasonable control. You acknowledge that third-party providers may not be professionally licensed or permitted, where required. It is your responsibility to check a third-party provider’s license is current.

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, George Allen’s liability shall be limited to the extent permitted by law. This provision shall have no effect on George Allen’s choice of law provision set forth below.

Indemnity

You agree to indemnify and hold George Allen and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees and court costs), arising out of or in connection with: (i) Your use of the George Allen Services or Third Party Services or goods obtained through Your use of said Services; (ii) Your breach or violation of any of these Terms;

(iii) George Allen's use of Your User Content; or (iv) Your violation of the rights of any third-party, including Third- Party Providers.

Local Laws

George Allen controls and operates this Site from its headquarters in the United States of America and the Materials, Communications and/or third-party content may not be appropriate or available for use in other locations. If You use this Site outside the United States of America, You are responsible for following applicable local laws.

International Users

This Site is based in the United States. If You are an international User, We do not warrant that it is appropriate to download, store or disclose information on the Site outside the United States. We make no representation that functions or information found at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the information found on or at this Site in violation of U.S. or other export laws and regulations. If You access this Site from a location outside of the U.S., You are responsible for compliance with all laws applicable to You. Personal information that is submitted on this Site will be collected, processed, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and Our Privacy Policy. If You are an International User, You acknowledge and agree that We may collect and use Your Information and disclose it to other entities outside Your resident jurisdiction. In addition, such Information may be stored on servers located outside Your resident jurisdiction. By providing Us with Your Information, You acknowledge that You consent to the transfer of such Information outside Your resident jurisdiction. If You do not consent to such transfer, You may not use this Site.

This Agreement, all matters arising from or relating to Your use of the Site, and any and all claims arising out of Your relationship with George Allen, and any third parties, shall be governed by and in accordance with the laws of the State of Illinois, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.

Digital Millennium Copyright Act Notification Guidelines

It is Our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by Us to be "repeat infringers." If You are a copyright owner or an agent thereof, and You believe that any content hosted on Our web site (www.George Allen.com) infringes Your copyrights, then You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing George Allen's Designated Copyright Agent with the following information in writing (please consult Your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the George Allen web site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit George Allen to locate the material. Providing URLs in the body of an email is the best way to help Us locate content quickly.
Information reasonably sufficient to permit George Allen to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If You have posted a file or document which is claimed to be an infringement under the DMCA, You may elect to send Us a counter notice, to be effective it must be a written communication that includes the following (please consult Your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which George Allen’s main offices are located and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Termination and Suspension

terminate or suspend Your access to all or part of the Site services or products at any time, for any reason, including, without limitation, breach of any Site Policies.

We may, at any time:

modify, suspend or terminate the operation of or access to any of part or the whole Site or Services, or any portion of the Site or Services, for any reason;
modify or change the Site or Services, or any portion of the Site or Services, and any Terms of Use, Additional Terms and other Site Policies governing the use of the Site or Services, for any reason;
interrupt the operation of the Site or Services, or any portion of the Site or Services, for any reason, all as We deem appropriate in Our sole discretion.

Your access to, and use of, the Site or Services may be terminated by You or by Us at any time and for any reason. The disclaimer of warranties, the limitation of liability, intellectual property, and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

If We believe Your actions may cause Us or other users legal liability, harm, or loss, We reserve the right to notify other users of Your actions.

discontinue use of the Site and services;
terminate Your membership; and
notify Us of termination.

Cookies

Our Company uses cookies, pixels, and other technologies (collectively, "cookies") in a range of ways to improve your experience on our website, including:

Recognizing you when you sign-in to use our services. This allows us to provide you with customized features and services.
Conducting research and diagnostics to improve Our content, products, and services.
Preventing fraudulent activity.
Improving security.
Delivering content, including ads, relevant to your interests.
Reporting. This allows us to measure and analyze the performance of Our services.

Cookie Expiration. Some or all of the cookies or other technologies described below may be stored in your browser, app, or device. Each cookie expires 13 months from a user’s last use.

Types Of Cookies We Use

Fundamental Features. Cookies and other technologies used for functionality allow you to access features that are fundamental to a service. Things considered fundamental to a service include preferences, like your choice of language, or information relating to your session. Preferences. Some cookies and other technologies are used to maintain your preferences such as your preferred language.

Enhanced Experience. Other cookies are used to maintain and enhance your experience during a specific session.

Improve Our Performance. Cookies and other technologies may also be used to improve the performance of Our services.

Consent. We use a Consent Cookie to store a user’s choice regarding cookies.

Security. Cookies and other technologies used for security help to authenticate users, prevent fraud, and protect you as you interact with a service. The cookies and other technologies used to authenticate users help ensure that only the actual owner of an account can access that account. Some cookies and other technologies are used to prevent spam, fraud, and abuse.

Analytics. Cookies used for analytics help collect data that allows services to understand how you interact with Our Site. These insights allow services to both improve content and build better features that enhance Your experience. Some cookies and other technologies help sites and apps understand how their visitors engage with their services.

Advertising. George Allen Construction uses cookies and other technologies for advertising, including serving and rendering ads, personalizing, limiting the number of times an ad is shown to a user, muting ads you have chosen to stop seeing, and measuring the effectiveness of ads.

Personalization. Cookies and other technologies used for personalization enhance your experience by providing personalized content and features, depending on your settings on Your app and device settings. Personalized content and features include things like more relevant results and recommendations and ads that are tailored to your interests. Non-personalized content and features are distinct from personalized content and features insofar as they are influenced by things like the content you’re currently viewing, your current Google search, and your general location.

Changing Cookie Settings. If you choose to block or otherwise reject Our cookies, You will not be able to use any of Our services that require you to sign in. The 'Help' feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to block cookies, and when cookies will expire. If you block all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit Our Site and some features and services may not work.

Miscellaneous

Venue and Jurisdiction. All lawsuits in connection with, or incident to, this Site or any Services of George Allen shall be litigated, if at all, in the courts of the Country of United States, State of Illinois, Will County, to the exclusion of other courts of any other state. You expressly waive any objection that You may have now or in the future to the laying of venue or to the jurisdiction of any such court over You or Your activities on the Site.

Enforceability. The provisions of this Agreement will be enforceable notwithstanding the existence of any claim or cause of action against George Allen whether predicated on this Agreement or otherwise. Nothing in this Agreement will be construed as prohibiting George Allen from pursuing any other remedies available to it for such unauthorized use or disclosure or from pursuing any remedies for any other breach or threatened breach of the Agreement, including the recovery of damages from the other party.

Reimbursement for Costs and Fees. In the event George Allen shall be forced to bring any legal action to protect or defend its rights hereunder and prevails, then George Allen shall be entitled to reimbursement from You of all fees, costs and other expenses (including, without limitation, the reasonable expenses of its or their attorneys) in bringing or defending against such action. If George Allen is successful in bringing such action and receiving a settlement or judgment and Client delays in paying such settlement or judgment then George Allen shall be entitled to an annual interest rate of 9% on the late payment or, if lower, the highest rate allowed by law.

Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes all prior discussions, negotiations, agreements and understandings, whether oral or written, with respect to its subject matter.

Remedies Cumulative. The remedies under this Agreement are cumulative and shall not exclude any other remedies to which any person may be lawfully entitled.

Force Majeure. Force majeure as mentioned herein refers to war, fire, epidemics, pandemics, earthquake, flood and other manmade or natural disasters, acts of terrorism or any event which is unforeseeable and unavoidable when both parties sign this Agreement. Should George Allen be prevented from or delayed in performing all or part of its obligations under this Agreement owing to force majeure, it shall be exempt from the Liability for Breach of Contract arising there from, but it shall continue to perform this Agreement after the influence of force majeure is removed. If the influence of force majeure makes it impossible to perform this Agreement, George Allen may terminate this Agreement and negotiate for a resolution.

Modification. We reserve the right to change, at any time, at Our sole discretion, the Terms under which these Services are offered, and all other agreements and all amendments and modifications. You agree that to be bound by any changes to the Terms which includes, but is not limited to, posting any such changes at the Site without further notice to You. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes Your agreement to all such Terms, other document, or additional terms and conditions. This Agreement may not be amended by You other than in a writing signed by both parties, and for purposes of this sentence, “writing” does not include email, and “signature” does not include an electronic signature. If You do not agree to any amendment, then You shall cease use of this Site no later than the effective date of the amendment.

Assignment Generally. You may not assign the rights, or delegate duties under this Agreement without advance written approval of George Allen. George Allen may assign its rights to an affiliate company.

Independent Covenants. The parties agree that each of the covenants contained herein shall be construed as independent of any other covenant or provision of this Agreement. If all or any portion of a covenant in this Agreement is held to be unreasonable or unenforceable by a court or agency having valid jurisdiction in a final decision to which George Allen is a party, You expressly agree to be bound by any lesser covenant subsumed within the terms of such covenant that imposes the maximum duty permitted by law, as if the resulting covenant was separately stated in and made a part thereof.

Severability. If any provision of this Agreement or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.

Waiver. No failure or delay by George Allen in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.

Heirs and Assigns. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of George Allen.

Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of Illinois, and controlling U.S. federal law without regard to any conflicts or laws or choice of laws principles that would require the application of the laws of any jurisdiction other than the State of Illinois, all rights and remedies being governed by said laws.

Notices. Except as explicitly stated otherwise, any notices You send to Us shall be given by email to info@GeorgeAllenConstruction.com or, in the case notices We send to You, to the email address or street address You provided to us. Notice shall be deemed given 24 hours after an electronic message is sent, or, in the case of mailing, three (3) days after the date of mailing.

Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

Counterparts. This Agreement may be executed in any number of counterparts and by different parties to this Agreement in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Agreement.

Survival. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.