Terms & Conditions

Last Updated Date: June 16, 2025

Please read carefully before accessing and using the service.

Introduction

Dickinson Cameron Construction Company, Inc. ("Company," "we," "us," or "our") owns and operates the website and the Software as a Service (SaaS) platform named Avant Construction that is accessible at https://avant.construction/ (the "Website"), and any other websites or services, that link to this Terms of Use (collectively, the "Services"). Users of the Services are referred to below as "Users," "you," or "your." You and Company may be referred to herein as each individually, a "Party," and collectively, the "Parties."

Acceptance of Terms of Use

The following terms and conditions of use are entered into by and between You and Company, together with any other documents that are expressly incorporated herein by reference including our Privacy Policy (collectively, "Terms of Use,"), that hereby govern your access to and use of the Services, including any content, features, functionality, interfaces, platforms, and/or other software services that are offered on or made available to you through the Services.

By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at [ADD PRIVACY POLICY URL], which is incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Services.

Changes to Terms of Use

We may change or modify these Terms of Use, including the Privacy Policy, at any time, in our sole and absolute discretion. All changes are effective immediately when posted, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Eligibility Requirements

We may change or modify these Terms of Use, including the Privacy Policy, at any time, in our sole and absolute discretion. All changes are effective immediately when posted, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. IF YOU DO NOT MEET ALL OF THESE ELIGIBILITY REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES.

Your Account

  1. Account Registration and Security: To access the Services or certain portions thereof, you may be asked to provide certain registration details or other information, including your name, phone number, email address and any other requested information. You must provide accurate and complete registration information when you register to use the Services. You are responsible for the security of your passwords and for any use of your account.
  2. Account Access, Restriction, or Revocation: We reserve the right to determine who is eligible for an account and to restrict, suspend, or revoke an account and use of the Services, for any or no reason, at any time, in our sole and absolute discretion, without notice and liability. We may enable you to give access to your account to authorized individuals. When you give access to an authorized individual, you grant permission to such authorized individual to access the information contained within your account, and to perform actions through your account. When you give access to an authorized individual, you are solely responsible for their use of your account. You acknowledge and agree that Company has no responsibility or liability in connection with any access to, or use of, your account and information by any authorized individual.
  3. Communication Preferences: By using the Services, you consent to receiving communications from us relating to your account or the Services, including to the phone number or email address that you provided during registration and maintained in your account.

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and/or the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. The Terms of Use provide you with a limited, non-exclusive, non-sublicensable, and nontransferable license to access and use the Services only for your own personal, non-commercial use only strictly in accordance with the Terms of Use.

No right, title, or interest in or to the Services or any content made available or accessible on or through the Services is transferred to you, and all rights not expressly permitted or granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws, including intellectual property rights therein or relating thereto.

You must not:

  1. Copy the Services or any part thereof, or modify copies of any content or materials on the Services
  2. Modify, translate, adapt, or otherwise create derivative works or improvements of the Services
  3. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof
  4. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services
  5. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason;
  6. Use the Services for purposes of: (i) benchmarking or competitive analysis of the Services; (ii) developing, using, or providing a competing service or Services; or (iii) any other purpose that is to Company's detriment or commercial disadvantage.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyrights, please provide written notification to: ADD EMAIL HERE

Restrictions on Use

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You acknowledge and agree not to use the Services to:

You must not:

  1. Violate any applicable federal, state, local, or international laws or regulations.
  2. Violate the legal rights (including the rights of publicity and privacy) of others or engage in any conduct that could give rise to any civil or criminal liability or that otherwise may be in conflict with the Terms of Use and our Privacy Policy.
  3. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  4. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  5. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  6. To transmit any "junk mail," "chain letters," or "spam," or any other similar solicitation.
  7. To disable, overburden, damage, or impair the Services or otherwise attempt to interfere with the proper working of the Services.
  8. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
  9. Use any process to monitor or copy any of the material on the Services.
  10. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  11. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services.
  12. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  13. Create, transmit, or display any information that you do not own or do not have the right to use.

Your Personal Information

When you provide Personally Identifiable Information to us or that we collect through your use of the Services, such information is subject to our Privacy Policy located at [ADD PRIVACY POLICY URL]. By using the Services, you consent to all actions taken by us with respect to your Personally Identifiable Information in compliance with the Privacy Policy.

Personally Identifiable Information includes any information that, by itself or in combination with other information, identifies or can reasonably be used to identify an individual, such as your name, address, email address, telephone number, demographic

User Provided Information

The Services or portions thereof may allow users to upload, submit, or otherwise transmit certain information, project bids, project-based information, or other documents or materials (collectively, "User Provided Information") to Company for purposes of allowing Company to perform certain Services or otherwise make such User Provided Information available to you or Company or (if available) designated recipients. Company will treat all User Provided Information as confidential and such information will not be shared with any third parties.

You understand and acknowledge that you are responsible for all User Provided Information you submit to the Company, and you, not the Company, have full and final responsibility for such information and materials, including its legality, reliability, accuracy and appropriateness. Company is not responsible, or liable to any third party, for the content or accuracy of any User Provided Information provided by you.

You represent and warrant that (a) all User Provided Information will comply with these Terms of Use, and (b) you own or control all rights in and to the User Provided Information. All User Provided Information must in its entirety comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Provided Information must not:

  1. Be likely to deceive any person.
  2. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  3. Impersonate any person, or misrepresent your identity or affiliation with any person or organization, or give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.
  4. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  5. Contain any material that is violates United States and international copyright, trademark, patent, or any other intellectual property or proprietary rights laws
  6. Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

With respect to User Provided Information, we have the right to:

  1. Take any action with respect to any User Provided Information that we deem necessary or appropriate in our sole and absolute discretion, including if we believe that such User Provided Information violates the Terms of Use, infringes or violates any legal rights of any person or entity, or could create liability for the Company.
  2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  3. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
  4. To cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of you or your User Provided Information YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ANY OF ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, ANY INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted and Third-Party Content

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content, advertisements, or promotional messages sponsored by third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Nor does Company recommend or endorse any specific content, products, services, or other third-party information, or the suitability, efficacy, safety and quality of such products or services.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third- party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk.

Updates/Changes to the Services

We may update the Services or the content on the Services from time to time. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. We may from time to time in our sole and absolute discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality within the Services. You shall promptly download and install all Updates (if applicable) and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so.

Geographic Restrictions

We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Termination

We reserve the right to suspend, restrict, amend, or terminate the Services or any portion thereof, in our sole and absolute discretion, at any time, without prior notice to you. We may cancel your account and delete all data associated with your account at any time, and without notice to you, if we deem that you have violated the Terms of Use. We have the right to maintain and/or destroy all data associated with your account in accordance with our policies. Upon any termination of your access to the Services, you must cease all use of the Services.

You also have the right to terminate and delete your account. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Disclaimer of Warranties

Your use of the services is at your own risk. To the fullest extent provided by law, the services, its content and any services or items obtained or made available through the services are provided on an "as is" and "as available" basis, without any warranties, whether express, implied, statutory, or otherwise, with respect to the services, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the services, its content or any services or items available or obtained through the services (including user provided information) will be accurate, reliable, error-free or uninterrupted, meet any performance or reliability standards, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations, be compatible, or work with any other software, applications, systems, or content and services.

You understand that we cannot and do not guarantee or warrant that information or files available for downloading from the internet or the services will be free of viruses or other destructive code. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the services or any services or items obtained through the services or to your downloading of any material posted on it, or on any services linked to it. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will the company, its affiliates, licensors and service providers, and its and their respective officers, directors, members, shareholders, owners, employees, agents, successors, and assigns be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website or services, any services linked to it, any content on the services or such other services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, property damage, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, cost of substitute goods or services, loss of goodwill, loss of data, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages, or any direct damages in amounts that in the aggregate exceed the amount actually paid by you for the services, if applicable, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, whether or not you were advised of the possibility of such damages.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, members, shareholders, owners, employees, agents, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and costs, arising from or relating to your negligent or wrongful acts, your violation of any applicable laws or regulations, your breach of any provision of the Terms of Use, your use or misuse of the Services, your use or misuse of any information or services obtained through the Services, any User Provided Information that you submit or make available through this Services, or any and all threatened or asserted third party claims relating to your use of the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule whether of the State of California or any other jurisdiction.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the state or federal courts located in the County of San Diego, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby submit to the personal jurisdiction and venue of such courts and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution and Binding Arbitration

Read this section carefully, as it sets forth the binding “Arbitration Agreement” between you and Company, and affects your rights and how claims between you and Company are handled and resolved. As used herein, the term “Arbitration Agreement” means this section and all subparts.

You and company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and company arising from or relating in any way to your use of the services, will be resolved exclusively and finally by binding arbitration by a sole arbitrator picked jointly by the parties or their counsel.

Dispute Resolution and Binding Arbitration

Read this section carefully, as it sets forth the binding “Arbitration Agreement” between you and Company, and affects your rights and how claims between you and Company are handled and resolved. As used herein, the term “Arbitration Agreement” means this section and all subparts.

You and company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and company arising from or relating in any way to your use of the services, will be resolved exclusively and finally by binding arbitration by a sole arbitrator picked jointly by the parties or their counsel.

  1. Arbitration Proceedings: Any arbitration hearings will take place at a mutually agreeable location or, if the Parties are unable to agree upon a location, then in the County of San Diego, California. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
  2. Costs of Arbitration / Attorney's Fees: If you initiate an arbitration, Company will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if Company is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Company, including the filing fee.
  3. Class Action Waiver: You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Assignment

The Terms of Use, and any rights or licenses granted hereunder, may not be transferred, assigned, or sublicensed by you. Company may assign, sublicense, or otherwise transfer any rights or licenses under the Terms of Use, without restriction and without prior notice to you.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Force Majeure

Company will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Company's reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemics (such as COVID-19), lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Notices to You

We may provide any notice to you under these Terms of Use by sending a message to the email address that you provide or by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting to the Website will be effective upon posting. It is your responsibility to keep your email address current.

Contact Us

To ask questions or comment about the Terms of Use, or have feedback, comments, requests for technical support and other communications relating to the Services, please contact us as follows: