Terms of Use

Acceptance of the Terms of Use


Welcome to the websites of DCP Midstream, LLC and DCP Midstream Partners, LP, and their affiliates (collectively, “DCP,” “we,” “our,” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of our websites, including any content, functionality, and services offered on or through our websites (collectively, the “Websites”).

Please read these Terms of Use carefully before you start to use the Websites. By using the Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites. Furthermore, by accessing the Websites, you represent that you are 13 years of age or older. You must not access or use the Websites if you do not meet this age requirement.   

Changes to the Terms of Use


We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Websites so you are aware of any changes, as they are binding on you.

Accessing the Websites and Account Security


We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

You are responsible for:


• Making all arrangements necessary for you to have access to the Websites.
• Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information regarding your usage of the Websites as well as information you provide to register with or to use any interactive features of the Websites is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Links from the Websites


If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those 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 Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Intellectual Property Rights


The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by DCP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of each of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution if the copy bears all copyright, trademark, service mark, and other intellectual property and proprietary notices displayed on each webpage.

You must not:

  • Modify copies of any materials from the Websites.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text as it appears on the Websites.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Websites.
  • You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.

Except as set forth herein, no right or license is granted to you under any copyright, trademark, patent, or other intellectual property law to use, copy, reproduce, retransmit, display, or create derivative works from materials, logos, and content contained within the Websites. If you wish to make any use of material on the Websites other than that permitted herein, please contact us at the address below.

DCP’s names and logos and all related names, logos, designs, and slogans are trademarks of DCP or its licensors. You must not use such marks without the prior written permission of the respective owner. All other names, logos, designs, and slogans on the Websites are the property of their respective owners and your use of the Websites does not grant you any right, title, or interest in such property.

Unsolicited Submissions


DCP encourages you not to submit any unsolicited materials through the Websites. In the case that you do submit information or documents, any material that you transmit to or through the Websites will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding the ownership of ideas. Unless otherwise agreed to in writing, all unsolicited submissions to DCP will result in your acceptance to grant to DCP an unrestricted, irrevocable, worldwide, and royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information. You further agree that DCP has the right to use, without any payment or accounting to you or others, any concepts, know-how, or ideas that you and your representatives or agents transmit to or through the Websites.

Reliance on Information Posted


The information presented on or through the Websites 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 Websites, or by anyone who may be informed of any of their contents.

The Websites include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DCP. 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, whether not identified as such.

Investment Advice


No materials presented on the Websites should be regarded as investment advice. DCP does not offer to sell or solicit offers to buy securities through the Websites. Data and information on the Websites is provided for informational purposes only, and is not intended for trading or investment purposes. You are solely responsible concerning the accuracy of such data and information prior to executing any transactions or trades or making any other investment decision. DCP and its data and content providers shall have no liability as the result of any errors or delays in the data and information, or for any actions taken in reliance thereon.

Forward-Looking Statements


The Websites may contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, which are intended to be covered by the safe harbors created thereby. All statements that are not statements of historical facts, including statements regarding our future financial position, business strategy, budgets, projected costs, and plans and objectives of management for future operations, are forward-looking statements. You can typically identify forward-looking statements by the use of words such as “may,” “could,” “should,” “intend,” “assume,” “project,” “believe,” “anticipate,” “expect,” “estimate,” “potential,” “plan,” “forecast,” and other similar words.

Forward-looking statements reflect our intentions, plans, expectations, assumptions, and beliefs about future events and are subject to risks, uncertainties, and other factors, many of which are outside our control. Important factors that could cause actual results to differ materially from the expectations expressed or implied in the forward-looking statements include known and unknown risks. Known risks and uncertainties include, but are not limited to, those set forth in the periodic reports that DCP Midstream Partners, LP files with the Securities and Exchange Commission. You are urged to carefully review and consider the cautionary statements and other disclosures made in those filings, specifically those under the heading “Risk Factors.”

We do not undertake any duty to update any forward-looking statement except as required by law. In addition, certain presentations available for viewing were created as of the dates indicated on such presentations and we expressly disclaim any responsibility for updating such presentations.

Changes to the Websites


We may update the content on the Websites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

Disclaimer of Warranties


You understand that we cannot and do not guarantee or warrant that files available for downloading, viewing, or otherwise from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, WORMS, TROJAN HORSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DCP NOR ANY PERSON ASSOCIATED WITH DCP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER DCP NOR ANYONE ASSOCIATED WITH DCP REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DCP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability


IN NO EVENT WILL DCP OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH STATES OR JURISDICTIONS, DCP’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification


You agree to defend, indemnify, and hold harmless DCP, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Websites other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.

Governing Law and Jurisdiction


All matters relating to the Websites 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 Colorado without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, proceeding, or other dispute arising out of, or related to, these Terms of Use, the Privacy Policy, or the Websites shall be decided by arbitration conducted in Denver, Colorado before a single arbitrator under the administration of JAMS, in accordance with JAMS’ Streamlined Arbitration Rules and Procedures.  The decision of the arbitrator shall be final and binding, and the award may be entered in any court having jurisdiction. The substantially prevailing party in any arbitration shall be entitled to an award of its reasonable attorneys’ fees and costs, in addition to any award of damages or other relief. You waive any and all objections to the exercise of jurisdiction over you and to venue in connection with the foregoing.

Waiver and Severability


No waiver of by DCP 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 DCP 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.

Entire Agreement


The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and DCP with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Websites.

Your Comments and Concerns


To ask questions or comment about these Terms of Use, contact us at:

DCP Midstream
Corporate Communications
370 17th Street
Suite 2500
Denver, Colorado 80202