Terms & Conditions

These Terms & Conditions (the “Terms”) form a binding agreement between you and Ascent Construction Group(“Ascent,” “we,” or “us”) governing your access to and use of the Ascent Construction Platform (the “Platform”). By creating an account, signing in, accepting an invitation, replying to a Platform email, or otherwise accessing or using any part of the Platform, you accept and agree to these Terms on your own behalf and, where you act for an employer or contracting entity, on behalf of that entity. If you do not agree, do not access or use the Platform.

The Platform is intended solely for use by Ascent personnel and by subcontractors, suppliers, owners, designers, consultants, and other parties (each, a “Project Participant”) doing business with Ascent on a specific construction project (each, a “Project”). You represent and warrant that (a) you are at least 18 years old, (b) you have the legal authority to enter into these Terms on behalf of any entity for which you act, and (c) the information you provide to the Platform is accurate, current, and complete.

• “Account” means a credentialed login on the Platform.
• “Subcontract”means the master subcontract, purchase order, or other primary written agreement between Ascent and a Project Participant’s employer governing the Project work.
• “User Content” means information you upload, submit, transmit, or otherwise make available through the Platform (e.g., documents, photos, comments, RFI responses, punch list updates).

You are responsible for safeguarding your Account credentials and for any activity occurring under your Account. You will notify Ascent promptly at clint@ascentcos.com of any suspected unauthorized access. Ascent may suspend or terminate any Account at any time, with or without notice, where Ascent reasonably determines that doing so is necessary to protect the Platform, a Project, another User, or Ascent’s legal interests.

Subject to these Terms, Ascent grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for performing your obligations on, or coordinating, a Project. You will not (a) use the Platform for any purpose unrelated to a Project; (b) access the Platform on behalf of another contractor, owner, or competitor of Ascent; (c) reverse engineer, copy, scrape, or extract data systematically; (d) interfere with the Platform’s operation, security, or other Users’ access; (e) upload malicious code, infringing material, or information you have no right to disclose; or (f) use the Platform to violate any applicable law, contract, or third-party right.

The Platform is a communication and project-management tool. Information on the Platform — including punch list items, RFI assignments, schedule updates, distribution emails, and SMS reminders — reflects the issuing User’s observations or directions and is not, by itself, an admission, a waiver, a change order, an acceptance of work, a notice of default, or a modification of any Subcontract. The contractual notice, response, performance, and dispute-resolution provisions of the applicable Subcontract continue to govern, and Platform communications do not shorten, lengthen, or alter those provisions unless the Subcontract expressly says so.

Punch list items represent observations made in the field. Failure of the Platform to send a reminder, or a delay in delivery of an email or SMS, does not excuse a Project Participant from any obligation under its Subcontract or applicable law. You are responsible for monitoring the Project regardless of Platform notifications.

By providing your mobile number or by being added to a Project SMS distribution list by your employer or by Ascent, you consent to receive transactional, project-related text messages from Ascent at that number, subject to our Privacy Policy. Message and data rates may apply. You may opt out at any time by replying STOP to any Platform SMS, and you may unsubscribe from non-essential email at any time by clicking the unsubscribe link in the message footer. Some communications — such as account, security, and legally-required notices — will continue to be sent regardless of opt-out.

You retain whatever ownership and other rights you have in your User Content. You grant Ascent and Ascent’s service providers a worldwide, royalty-free, sublicensable license to host, store, display, copy, transmit, modify (for formatting, indexing, search, and conversion), and otherwise use User Content as reasonably necessary to operate the Platform, to perform the Project, and to comply with legal and audit obligations. The license survives termination of these Terms to the extent necessary for Ascent to retain Project records consistent with our Privacy Policy.

You represent and warrant that (a) you have all rights necessary to grant the license above; (b) your User Content does not infringe any third-party intellectual-property right or violate any duty of confidentiality; and (c) your User Content is accurate to the best of your knowledge at the time of submission.

The Platform, including its software, design, trademarks, and all materials provided by Ascent, is owned by Ascent and is protected by intellectual property laws. Except for the limited license in Section 5, these Terms do not transfer any intellectual-property right to you. All rights not expressly granted are reserved.

Where a Project Participant’s Subcontract addresses a subject also addressed by these Terms (for example, ownership of submittals, document retention, or indemnification scope), the Subcontract controls between Ascent and the Project Participant’s employer. These Terms govern the individual User’s use of the Platform and supplement — but do not replace — the Subcontract.

Ascent may, at its sole discretion and without liability, remove User Content, restrict an Account, or suspend access to the Platform when Ascent reasonably believes the User Content or use of the Platform violates these Terms, applicable law, or Project safety, security, or confidentiality requirements. Ascent has no obligation to monitor User Content but may do so as needed to operate the Platform.

The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Ascent disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, uninterrupted access, error-free operation, and any warranties arising from a course of dealing or usage of trade. Ascent does not warrant that the Platform will meet your requirements, that defects will be corrected, or that the Platform or its servers are free of viruses or other harmful components. You assume all risk of using the Platform.

To the fullest extent permitted by applicable law, in no event will Ascent, its parents, affiliates, owners, officers, employees, agents, insurers, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost data, business interruption, delay damages, project-acceleration costs, or cost of cover, arising out of or in connection with the Platform, these Terms, or any User Content, regardless of the theory of liability and even if Ascent has been advised of the possibility of such damages.

The total aggregate liability of Ascent and the parties listed above arising out of or in connection with the Platform and these Terms will not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amount paid by you to Ascent for use of the Platform in the twelve months preceding the event giving rise to the claim.

The limitations in this Section apply to all claims, whether based in contract, tort, strict liability, statute, or any other legal theory, and will survive any failure of essential purpose of any limited remedy. Some jurisdictions do not allow certain limitations on warranties or damages; in those jurisdictions our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits or modifies any limitation of liability or waiver of consequential damages contained in a Subcontract; those provisions remain fully effective and apply in addition to this Section.

To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless Ascent and its parents, affiliates, owners, officers, employees, agents, insurers, and service providers (the “Ascent Parties”) from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of defense) arising out of or relating to (a) your or your employer’s access to or use of the Platform; (b) your User Content; (c) your violation of these Terms or any applicable law; (d) your violation of any third-party right, including any intellectual-property, privacy, or contractual right; or (e) any claim that User Content uploaded by you caused damage to a third party. Ascent reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Ascent’s defense.

These Terms remain in effect while you have an Account or otherwise access the Platform. Ascent may terminate or suspend your access at any time for any reason, including upon completion or discontinuation of a Project. Upon termination, the licenses granted to you end immediately; Sections 7 (insofar as opt-out and recordkeeping), 8 (License grant), 9, 10, 12, 13, 14, 16, and 17 survive termination.

Governing law and venue. These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, the exclusive venue for any action permitted to be brought in court is the state and federal courts located in Maricopa County, Arizona, and you irrevocably consent to the personal jurisdiction of those courts.

Binding arbitration.Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any communication delivered through the Platform (each, a “Dispute”) will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Construction Industry Arbitration Rules then in effect, except that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The seat of arbitration will be Phoenix, Arizona; one arbitrator will preside; and the arbitrator’s award will be enforceable in any court of competent jurisdiction.

Class-action and representative-action waiver.You and Ascent agree that each may bring a Dispute against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, collective, mass, or representative proceeding. The arbitrator may not consolidate more than one party’s claims or preside over any form of representative or class proceeding. If a court determines that this waiver is unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in the courts identified above; the rest of the arbitration provision will remain in effect.

Jury-trial waiver. To the fullest extent permitted by applicable law, you and Ascent each knowingly, voluntarily, and intentionally waive any right to a trial by jury for any Dispute, whether arising in contract, tort, statute, or any other theory, that is not required to be arbitrated under this Section.

Carve-outs.Notwithstanding the above, either party may (a) seek temporary or preliminary injunctive relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property or confidentiality rights, and (b) bring a mechanic’s lien, bond claim, or similar statutory action in a court of competent jurisdiction to the extent such proceedings are not properly subject to arbitration under applicable law.

Limitation period. Any Dispute must be commenced within one (1) year after the cause of action accrues, except where applicable law requires a longer minimum period that cannot be shortened by agreement, in which case that minimum period applies.

Entire agreement. These Terms, together with the Privacy Policy and any applicable Subcontract, constitute the entire agreement between you and Ascent regarding the Platform and supersede any prior or contemporaneous understandings on that subject.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

No waiver.Ascent’s failure to enforce any provision is not a waiver of its right to enforce that provision later.

Assignment.You may not assign these Terms without Ascent’s prior written consent. Ascent may assign these Terms at any time, including in connection with a merger, acquisition, or sale of assets.

Force majeure. Ascent is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, labor disputes, telecommunications outages, carrier delays, governmental orders, or third-party service-provider failures.

Notices. Notices to Ascent must be sent to the address in Section 18. Notices to you may be sent to the email address or mobile number associated with your Account, or by in-Platform notice. Notices are effective upon delivery to a working address.

Changes. Ascent may update these Terms at any time. If a change is material, Ascent will provide reasonable advance notice (for example, by email or in-Platform banner). Your continued use of the Platform after the effective date of the updated Terms constitutes acceptance.

Ascent Construction Group
8925 E Pima Center Pkwy, Ste 115
Scottsdale, AZ 85258
Phone: (480) 993-8509
Email: clint@ascentcos.com