Terms of Use
These Terms of Use (“Terms”) govern your access to and use of ausieass.com (the “Site”), operated by Phillips Brothers Construction, LLC (“Phillips Brothers”, “we”, “us” or “our”). By using the Site you agree to these Terms. If you do not agree, please do not use the Site.
1. About this Site
The Site describes the sitework and underground utility services we perform in central Kentucky and allows you to send us a request for an estimate. It is an informational and inquiry tool. Nothing on the Site is an offer to enter into a contract, and no contract exists between us until a written agreement is signed by both parties.
2. Estimates and project information
- Any figure, timeline, scope or capability described on the Site is general information, not a quotation.
- A binding price can only be given in a written estimate or proposal issued by our office for a defined scope, based on plans, specifications, site conditions and current material costs.
- Written estimates remain valid only for the period stated on the estimate itself.
- Actual conditions — subsurface material, rock, groundwater, weather, permit conditions and design changes — can affect scope, schedule and cost. Those effects are handled under the signed contract, not through the Site.
3. Permitted use
You may view, download and print material from the Site for your own non-commercial evaluation of our services. You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms;
- Submit false, misleading or fraudulent information through any form;
- Submit another person's personal information without their permission;
- Send automated, bulk or repetitive submissions, or attempt to defeat the anti-spam measures on our forms;
- Attempt to gain unauthorized access to the Site, its server or any connected system;
- Introduce malware, or interfere with the operation or availability of the Site;
- Scrape, harvest or systematically copy content, or use it to train a commercial dataset, without our written permission;
- Reproduce, republish or distribute Site content as your own.
4. Intellectual property
The Site and its content — including text, layout, graphics, photographs of our projects, and the compilation of that material — are owned by or licensed to Phillips Brothers and are protected by United States and international copyright and trademark law. Our name, logo and branding may not be used without our prior written consent. All rights not expressly granted in these Terms are reserved.
5. Submissions
By submitting an inquiry you confirm that the information you provide is accurate and that you are authorized to provide it. Your submission is handled in accordance with our Privacy Policy. Do not send confidential, proprietary or sensitive material through the Site's forms; use of a form does not create a confidential relationship between us.
6. Availability
We aim to keep the Site available and current, but we do not guarantee uninterrupted access. We may change, suspend or discontinue any part of the Site, and may update prices, service descriptions and other content at any time without notice.
7. Disclaimer of warranties
The Site and its content are provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be error free, that defects will be corrected, or that the Site or the server that makes it available is free of harmful components. This section does not limit any warranty given in a signed construction contract, which is governed by that contract.
8. Limitation of liability
To the fullest extent permitted by law, Phillips Brothers and its members, employee-owners, officers, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, business interruption or loss of goodwill, arising out of or relating to your use of, or inability to use, the Site — whether based in contract, tort, negligence, strict liability or any other theory, and even if we have been advised of the possibility of such damages. Our total aggregate liability arising out of or relating to the Site will not exceed one hundred United States dollars (US $100). Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
9. Indemnification
You agree to indemnify and hold harmless Phillips Brothers and its members, employee-owners, officers and agents from any claim, demand, loss, liability or expense, including reasonable attorneys' fees, arising out of your misuse of the Site, your violation of these Terms, or your violation of the rights of any third party.
10. Third-party links
The Site may contain links to websites operated by others, such as a mapping service. Those links are provided for convenience only. We do not control, endorse or accept responsibility for third-party sites, their content or their practices, and your use of them is at your own risk and subject to their terms.
11. Privacy and cookies
Your use of the Site is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.
12. Governing law and venue
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-law rules. Any dispute arising out of or relating to the Site or these Terms will be brought exclusively in the state or federal courts located in Hardin County, Kentucky, and you consent to the jurisdiction of those courts. This section does not apply to disputes governed by a signed construction contract containing its own dispute-resolution provisions.
13. Severability and waiver
If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will stay in full force. Our failure to enforce a provision is not a waiver of our right to enforce it later.
14. Changes to these Terms
We may revise these Terms from time to time. The current version is always posted on this page with the date it took effect. Continued use of the Site after a revision is posted means you accept the revised Terms.
15. Contact
Questions about these Terms can be sent to:
- Phillips Brothers Construction, LLC
- 120 Insanity Ln, Vine Grove, KY 40175-6694, United States
- Phone: +1 937 539 5362
- Email: [email protected]