Terms of Use

AGREEMENT BETWEEN USER AND GH PHIPPS
The GH Phipps Web Site comprises various Web pages operated by GH Phipps Construction Companies (GH Phipps).

The GH Phipps Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the GH Phipps Web Site constitutes your agreement to all such terms, conditions and notices.

MODIFICATION OF THESE TERMS OF USE
GH Phipps reserves the right to change the terms, conditions, and notices under which the GH Phipps Web Site is offered, including but not limited to its privacy policy.

INFORMATIONAL PURPOSES ONLY
The GH Phipps Web Site is intended to be a public resource of general information about GH Phipps, its projects, and services. The information and materials available on the GH Phipps Web Site are not promised or guaranteed to be correct, complete and up-to-date.

LINKS TO THIRD PARTY SITES
The GH Phipps Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of GH Phipps, and GH Phipps is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GH Phipps is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GH Phipps of the site or any association with its operators. GH Phipps does not intend for Linked Sites, including but not limited to Facebook pages, Twitter feeds and LinkedIn profiles, to be referrals or endorsements of those websites, web pages or the persons or entities that operate such sites and pages. Your access and use of any Linked Site is governed by the terms and conditions of use and privacy policies of those sites. The use of the Internet to transmit or store sensitive or confidential materials or personally identifiable information is discouraged. GH Phipps encourages you to review the privacy policies and terms and conditions of use for any Linked Site that you visit from the GH Phipps Web Site. The GH Phipps Facebook page is governed by terms and conditions different from these terms of use.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the GH Phipps Web Site, you warrant to GH Phipps that you will not use the GH Phipps Web Site for any purpose that is in violation of or prohibited by any laws, rules or regulations or by these terms, conditions and notices. You may not use the GH Phipps Web Site in any manner that could damage, disable, overburden or impair the GH Phipps Web Site or interfere with any other party’s use and enjoyment of the GH Phipps Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GH Phipps Web Site.

PRIVACY
The personally identifiable information that you share with GH Phipps through the GH Phipps Web Site or by email and the way in which such information is used, shared, stored and deleted is governed by our Privacy Policy. Information that you provide to GH Phipps will not be treated as confidential information and will not be kept confidential unless you have previously entered into and except to the extent of any confidential treatment required under a written nondisclosure agreement between you and GH Phipps.

By submitting information to GH Phipps through the website or other electronic means, you are granting to GH Phipps, its affiliated companies, and necessary subcontractors and sublicensees permission to use the information you have provided in connection with GH Phipps’ business, including without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, modify, make derivatives of, edit, translate and reformat your information. You represent and warrant to GH Phipps that all information you provide is accurate and complete and that you have all rights necessary to provide the information to GH Phipps and to grant rights to GH Phipps to use the information as described above.

EMPLOYEES AND VENDORS
The GH Phipps Web Site provides access to other software programs used internally at GH Phipps, including the portal for Employees and the portal for Vendor Registration. The portal for Employees is for current employees of GH Phipps only. The Vendor Registration portal is for subcontractors and suppliers that desire to be considered for approval as a preferred vendor of GH Phipps. If you access either of these portals you understand and agree that you are leaving the GH Phipps Web Site, that you are solely responsible for maintaining the security and privacy of your user names and passwords, and that other terms may govern the use of the software accessed through such portals. These portals and the information provided therein are solely provided for your use as an employee or vendor of GH Phipps, respectively, and shall not be used for any other purpose.

LIABILITY DISCLAIMER
THE MATERIAL, INFORMATION AND FORMS AVAILABLE THROUGH THE GH PHIPPS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION AND FORMS AVAILABLE HEREIN. GH PHIPPS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS AND ACCURACY OF THE INFORMATION, MATERIAL OR FORMS CONTAINED ON THE GH PHIPPS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, MATERIAL, FORMS AND RELATED PHOTOS AND GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GH PHIPPS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS MATERIAL, INFORMATION, FORMS AND RELATED PHOTOS AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GH PHIPPS AND/OR ITS LICENSORS, SUPPLIERS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GH PHIPPS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE GH PHIPPS WEB SITE, FORMS, MATERIAL, INFORMATION, LINKS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED PHOTOS AND GRAPHICS OBTAINED THROUGH THE GH PHIPPS WEB SITE, FOR GH PHIPPS’ USE OF ANY INFORMATION, MATERIALS, DATA, COMMENTS, PHOTOS, OR GRAPHICS SUBMITTED THROUGH OR COLLECTED FROM USERS OF THE GH PHIPPS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GH PHIPPS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GH PHIPPS OR ANY OF ITS LICENSORS, SUPPLIERS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GH PHIPPS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GH PHIPPS WEB SITE.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the GH Phipps Web Site are owned by GH Phipps and/or its suppliers or licensors. All rights reserved. Except for personal use, GH Phipps Web Site content, information, and materials shall not be reprinted, copied, republished, modified, reproduced, displayed or distributed in any form without the express written permission of GH Phipps. With respect to certain forms provided through the Collaboration page on the GH Phipps Web Site, subcontractors and suppliers of GH Phipps are hereby granted a limited, nonexclusive license to copy and use the forms in connection with and for the sole purpose of providing the documentation necessary in connection with your role as a subcontractor or supplier of GH Phipps.

The names of actual companies and products mentioned herein with respect to examples of GH Phipps past projects are the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

COPYRIGHT VIOLATIONS
It is the policy of GH Phipps to expeditiously remove or disable access to alleged infringing material if GH Phipps is given proper notice of the infringement or infringing conduct by the copyright owner. If you believe any materials on the GH Phipps Web Site (e.g., videos, content, images, text, etc.) infringe your copyright, you may request removal of those materials from the Web Site by contacting our designated copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.

2. 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 us to locate the material.

3. Your name, address, telephone number, and (if available) e-mail address.

4. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.

5. A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Copyright Notices should be submitted to GH Phipps’ copyright agent:

Copyright Agent

• GH Phipps Construction Companies
• 5995 Greenwood Plaza Blvd., Suite 100, Greenwood Village, CO 80111
• Phone: (303) 571-5377
• Fax: (303) 629-7467
• info@ghphipps

GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Denver County, Colorado, U.S.A., in all disputes arising out of or relating to the use of the GH Phipps Web Site. Use of the GH Phipps Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and GH Phipps as a result of this agreement or use of the GH Phipps Web Site. GH Phipps’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GH Phipps’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GH Phipps Web Site or information provided to or gathered by GH Phipps with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GH Phipps with respect to the GH Phipps Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GH Phipps with respect to the GH Phipps Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Last Modified: October 31, 2017