Safeguard Construction company, inc. website User Agreement

This website, www.safegc.com (this “Site”), is owned and operated by Safeguard Construction Company, Inc. (“Safeguard,” “we” or “us”). This Safeguard Construction Company, Inc. Website User Agreement (this “Agreement”) describes the terms and conditions applicable to the Content (as defined below) available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of Safeguard.

BEFORE UTILIZING THIS SITE, BROWSING THIS SITE, SUBMITTING ANY INFORMATION VIA THIS SITE, MAKING ANY PAYMENTS THROUGH THIS SITE AND/OR USING ANY CONTENT AVAILABLE THROUGH THIS SITE, READ THIS ENTIRE AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS (“USERS” OR “YOU”) AGREE TO BE LEGALLY BOUND BY AND TO ABIDE BY THIS AGREEMENT.

If you do not agree with any part of this Agreement, YOU MUST NOT USE THIS SITE.

Safeguard reserves the right, in its sole discretion, to amend this Agreement or change or discontinue any permissions granted under this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date they are posted on this Site. Safeguard incorporates herein, by reference, the Safeguard Construction Company, Inc. Privacy Policy, also found on this Site.

INTENDED PURPOSE OF THE SITE

This Site has been established primarily for the benefit and use of Safeguard customers and potential customers. Safeguard may, in its sole discretion, restrict this Site to selected users. This Site contains information concerning Safeguard and its various products and/or services. The Content on this Site is provided for informational use only and should not be relied upon. The term “Content” shall mean any information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, articles, written and other material and compilations included on this Site. Safeguard takes reasonable measures when determining the Content of this Site but cannot guarantee the accuracy or completeness of this information. Not all products or services referred to on this Site may be available, and Safeguard may change the products or services described on this Site at any time without notice.

COPYRIGHT NOTICE

You acknowledge that all Content included on this Site constitutes the property of Safeguard, except to the extent that such Content may be owned by third parties. Reproduction, creation of derivative works, storage, distribution, public display or performance, transmission or publishing the Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is strictly prohibited, except as expressly provided herein, and is subject to the U.S. copyright law and the copyright laws of foreign countries. The permissions granted herein apply only to Content owned by Safeguard. Permission to use Content owned by third parties will need to be obtained from those third parties.

You may copy, reformat and print Content from this Site for your use. You may also use portions of Content from this Site in written reports, so long as you properly attribute the information by including the following: “Used with permission from Safeguard Construction Company, Inc. Copyright [current year]. All rights reserved.” Failure to follow Safeguard’s guidelines may be considered a violation of copyright or other violation of law and may be pursued with the appropriate legal action. Safeguard reserves the right to require that a third party cease its use of Content at any time.

CORPORATE IDENTIFICATION AND TRADEMARKS

The Safeguard Construction Company, Inc. logo and various other associated logos and marks are the trademarks of Safeguard. Other marks and or logos may be the trademarks of third parties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the trademarks appearing on this Site in any way, including in advertising or publicity pertaining to distribution of materials on this Site, except as expressly permitted herein, without the prior written consent of Safeguard or the trademark owner or other authorized party. To inquire about permission for logo and trademark usage, please contact us at safeguard@safegc.com or call 630-898-2090. Safeguard cannot give you permission to use third party logos or marks.

ACCEPTABLE USE

You may not use robots or other automated means to access this Site without the prior written consent of Safeguard. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site and as provided in this Agreement. You agree to promptly update information submitted via this Site (if applicable) in order to keep such information current, complete and accurate.

Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Any unauthorized attempts to upload or change information, to defeat or circumvent security measures or to utilize this Site for reasons other than its intended purposes are prohibited. Safeguard monitors this Site. You expressly consent to such monitoring, and you are advised that any evidence of criminal activity may be provided to law enforcement officials. Safeguard will seek to prosecute fraud and illegal use of this Site to the fullest extent of the law.

PRIVACY POLICY

You confirm that you have read and accept our Privacy Policy, the terms of which are incorporated herein, and you agree that the terms of the Privacy Policy are reasonable and satisfactory to you. You consent to the use of information about you by Safeguard and/or third parties it shares such information with in accordance with the terms of and for the purposes set forth in the Privacy Policy. Safeguard makes no representation or warranty with regard to the sufficiency of the security measures used for data transmission, handling and/or storage. Safeguard will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

NO WARRANTIES

By completing the “Pay Now with a Credit Card” form of this Site and clicking on “Send Payment,” you authorize Safeguard to charge your credit card for the Fee Amount set forth in the form. You acknowledge and agree that a 3% fee shall be assessed to the Payment Amount set forth on the form. The total of the Payment Amount and the 3% fee is reflected in the “Fee Amount” box on the form. You expressly agree that use of this Site to submit a payment is governed by the Privacy Policy and this Agreement.

NO WARRANTIES

Safeguard provides no warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability, fitness for a particular purpose, title, quality or non-infringement of any Content, security, features or services on this Site. This Site and all Content, features and services on this Site are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, without limitation. Safeguard and/or its suppliers shall have no responsibility or liability for errors on or omissions from this Site.

Without limiting the above, Safeguard makes no warranties whatsoever concerning the actual products and/or services described on this Site, the manufacturers, dealers and/or suppliers of those products and/or services and information received from third parties about those products and/or services, including but not limited to product/service descriptions, product/service availability, merchantability, fitness for a particular purpose, sales information and price information.

Without limiting the above, no warranty or guarantee is made: (i) that use of this Site and all software, products and/or services associated with this Site will be secure, uninterrupted, error free or free from viruses or other malicious code; or (ii) that results that may be obtained from the use of this Site or the Content will be accurate or reliable. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE CONTENT ON THIS SITE IS AT YOUR SOLE RISK.

GENERAL LIMITATION OF LIABILITY

IN NO EVENT SHALL SAFEGUARD AND/OR ITS SUPPLIERS, INCLUDING SAFEGUARD’S AND/OR ITS SUPPLIERS’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND/OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, BUSINESS INFORMATION OR ATTORNEY’S FEES), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE OR REFERENCED ON THIS SITE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SAFEGUARD IS LIABLE UNDER THIS AGREEMENT, THE TOTAL AMOUNT OF SAFEGUARD’S LIABILITY SHALL NOT EXCEED THE LESSER OF THE ACTUAL DAMAGES OR ONE THOUSAND DOLLARS ($1,000).

Some states, to the extent their law might be deemed to apply, do not allow certain limitations of liability, so the foregoing limitations might not apply to you.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold the Covered Parties harmless from and against any and all liability, losses, costs and expenses (including attorney’s fees) incurred by any Covered Party in connection with any claim relating to your breach of this Agreement and/or the Privacy Policy or your violation of any law, regulation or right of a third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You may send Safeguard comments, questions, suggestions or ideas relating to Safeguard’s products and/or services and this Site. You represent and warrant that you own all intellectual property rights in all comments, feedback, suggestions, ideas, reviews or other information disclosed, submitted or offered to Safeguard through this Site (collectively, “Comments”) and have the right to transfer such intellectual property rights as provided herein. You agree to transfer all intellectual property rights in your Comments and to information disclosed in your Comments to Safeguard. You expressly agree that Safeguard may take any and all actions necessary to obtain, maintain and protect its ownership interest in Comments and/or information and rights disclosed therein, including without limitation obtaining copyrights, trademarks and/or patent registrations and licenses or assignments of such intellectual property rights. You agree to assist and will cooperate fully with Safeguard and its agents, upon request, in pursuing any such registrations and/or protecting Safeguard’s rights.

LINKS TO OTHER WEBSITES AND THIRD-PARTY INFORMATION

This Site may include links to third-party websites. These links are provided to you only as a convenience. Your use of each of these third-party websites is subject to the conditions, if any, that each of those websites has posted. These third-party websites are not under the control of Safeguard, and Safeguard is not responsible for the contents of any linked website or any link contained on a linked website. Safeguard does not guarantee or warrant the accuracy or completeness of the information or content included on these third-party websites and expressly disclaims any liability or responsibility for any information that is available on any third-party website linked to by this Site. The inclusion of third-party content or link to a third-party website is not a recommendation or endorsement of that content, the third-party website or products and/or services referenced on that website.

LINKS BY OTHERS TO THIS SITE

Safeguard hereby grants permission to you to link to this Site, provided that: (i) you comply with this Agreement; (ii) you agree to remove or disable the link immediately upon notice from Safeguard; and (iii) no content on any website containing a link to this Site disparages or defames Safeguard or, its products, services, suppliers, officers, directors or employees or contains any inappropriate or questionable content.

TERMINATION OF USAGE

User access to all or part of this Site may be terminated or suspended at any time without notice and for any reason.

NOTIFICATION

Safeguard may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on this Site and/or delivering them to you through e-mail.

MISCELLANEOUS

The captions in this Agreement are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.

This Agreement and all related parts of this Agreement represent the entire agreement between you and Safeguard regarding your use of this Site and supersede any prior statements or representations regarding the subject matter. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. Waiver by Safeguard of any breach of this Agreement shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right, which may be exercised at any subsequent time.

GOVERNING LAW

This Site is controlled and operated by Safeguard from its offices in the United States of America. You acknowledge and agree that this Agreement will be construed and evaluated only according to the laws of the United States of America and the laws of the State of Illinois. If you are accessing this Site from locations outside the United States of America, you are responsible for compliance with any and all applicable laws of those or any other applicable locations, including but not limited to any laws pertaining to privacy or disclosure of information.

CONTACT INFORMATION

If you have any questions concerning your account, contact Customer Service at 630-898-2090. If you have questions concerning this Agreement, contact safeguard@safegc.com. Our address is 2819 Village Green Drive, Unit A, Aurora, IL 60504

Last modified: December 1, 2008