Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Upscale Development Group LLC, doing business as UDGOK ("Company," "we," "us," or "our"), with principal offices at 7739 E 38th Street, Ste F, Tulsa, Oklahoma 74145.

By accessing or using our website at udgok.com, including the Bid Portal, construction calculators, Knowledge Hub, and any related services, you agree to be bound by these Terms. If you do not agree, do not use this website.

2. Description of Services

Our website provides:

• General information about our Design-Build construction services for medical, dental, commercial, and healthcare facilities
• A Subcontractor Bid Portal for registered bidders to view active projects and submit proposals
• Construction material calculators (concrete, drywall, paint, brick, roofing, flooring) provided for estimation purposes only
• Educational articles and construction knowledge resources
• A contact form for project inquiries and consultations

3. Website Use — No Professional Advice

The content on this website, including articles, calculators, cost ranges, timelines, and construction guides, is provided for general informational purposes only and does not constitute professional engineering, architectural, legal, or construction advice.

Construction calculator results are rough estimates only. Actual material quantities, costs, and specifications will vary based on site conditions, local codes, material availability, labor rates, and project-specific factors. You should not rely on calculator outputs for procurement, bidding, or construction decisions without independent verification by a qualified professional.

Cost ranges, project timelines, and construction data referenced on this site are based on historical Oklahoma and Texas market conditions and may not reflect current pricing.

4. Bid Portal Terms

4.1 Registration & Access

Access to the Bid Portal requires registration. By registering, you represent that: (a) all information provided is accurate and current; (b) you are authorized to represent your company; (c) your company holds all licenses required by the state(s) in which you operate. We reserve the right to deny, suspend, or revoke portal access at our sole discretion.

4.2 Confidentiality of Project Information

All project documents, drawings, specifications, budgets, and related information made available through the Bid Portal are confidential and proprietary. By accessing these materials, you agree to:

• Use project information solely for the purpose of preparing a bid response
• Not disclose, copy, distribute, or share project documents with any third party without our prior written consent
• Return or destroy all documents upon request or upon project award to another party
• Not use project information to solicit the project owner or other parties directly

Violation of these confidentiality provisions may result in immediate portal access revocation and legal action.

4.3 Bid Submissions

Bids submitted through the portal are non-binding proposals unless and until a formal subcontract agreement is executed by both parties. Submission of a bid does not create a contractual obligation. We reserve the right to accept or reject any bid at our sole discretion, and award decisions are final.

5. Construction Services Disclaimer

These Terms govern the use of this website only, not construction services. All construction projects are governed by separate, project-specific contracts (e.g., AIA, ConsensusDocs, or custom agreements) that are executed independently. In the event of any conflict between these Terms and a project contract, the project contract shall control.

Nothing on this website shall be construed as a guarantee of project pricing, timeline, or outcomes. All construction projects are subject to factors including but not limited to: permitting timelines, material availability, weather conditions, concealed site conditions, change orders, and regulatory requirements.

6. Intellectual Property

All content on this website — including but not limited to text, images, photographs, graphics, logos, page layouts, AI-generated imagery, calculator algorithms, and article content — is the property of Upscale Development Group LLC or its licensors and is protected by United States copyright and intellectual property laws.

You may not:

• Reproduce, distribute, or republish website content without written permission
• Use our name, logo, or branding to imply endorsement or affiliation
• Scrape, crawl, or systematically download website content for commercial use (standard search engine and AI indexing permitted)

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY OKLAHOMA LAW, UPSCALE DEVELOPMENT GROUP LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:

• Your use of or inability to use this website
• Reliance on construction calculator outputs, cost estimates, or timeline projections published on this site
• Any decisions made based on content, articles, or resources available on this website
• Unauthorized access to or alteration of your data or transmissions
• Any third-party content or links referenced on this website

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain damages; in such cases, our liability shall be limited to the minimum extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Upscale Development Group LLC and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of this website; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) any information you submit through our website or bid portal.

9. Dispute Resolution & Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of this website shall be resolved exclusively in the state or federal courts located in Tulsa County, Oklahoma. You consent to the personal jurisdiction of these courts and waive any objection to venue.

For construction project disputes, the dispute resolution provisions in the applicable project contract shall govern. These Terms do not modify or supersede any project-specific dispute resolution clauses.

10. Warranty Disclaimer

THIS WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the website will be uninterrupted or error-free; (b) defects will be corrected; (c) the website is free of viruses or other harmful components; or (d) any content is accurate, reliable, or current.

11. Third-Party Links & Services

This website may contain links to third-party websites, including material suppliers, industry organizations, and regulatory bodies. We are not responsible for the content, privacy practices, or availability of these external sites. Linking does not imply endorsement.

12. Insurance & Licensing

Upscale Development Group LLC maintains general liability insurance, workers' compensation insurance, and all licenses required by the State of Oklahoma for general contracting. Proof of insurance and licensing is available upon request to project owners and prime contractors. Display of this information on our website is for informational purposes and is not a guarantee of coverage for any particular project.

13. Force Majeure

We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions, material shortages, supply chain disruptions, labor disputes, power outages, or internet service interruptions.

14. Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the website after any modifications constitutes acceptance of the revised Terms. Material changes will be indicated by updating the effective date at the top of this page.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Upscale Development Group LLC regarding your use of this website. These Terms do not apply to construction services, which are governed by separate project contracts.

17. Contact Information

For questions about these Terms, contact us at: