Terms of Service

1. Acceptance of these terms

These Terms of Service ("Terms") form a binding agreement between you and Ives Construction, LLC ("Ives Construction", "we", "us" or "our") and govern your access to and use of ives.construction and any related pages, forms and content we operate (together, the "Site").

By accessing or using the Site you agree to these Terms. If you do not agree, do not use the Site. If you are using the Site on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Who we are

Ives Construction is an Ohio limited liability company operating as a general contractor, specializing in the renovation and revitalization of multifamily residential property. Our principal business address is:

Ives Construction, LLC
33050 Lakeland Blvd
Eastlake, OH 44095
United States

3. Permitted use of the site

The Site is provided for general informational and business purposes. 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 on the Site;
• attempt to gain unauthorized access to the Site, its servers or any connected system;
• probe, scan or test the vulnerability of the Site, or breach any security or authentication measure;
• introduce malware, or any code intended to damage, disable or impair the Site;
• use automated means to scrape, harvest or systematically collect content or contact details from the Site, except for a search engine's ordinary indexing of publicly available pages;
• use the Site or its contents to send unsolicited commercial communications; or
• reproduce, resell or commercially exploit any part of the Site without our prior written permission.

We may suspend or block access to the Site from any person or network that we reasonably believe is violating these Terms.

4. Estimates, bids and contract formation

Nothing on the Site is an offer to perform work and nothing on the Site creates a construction contract. Descriptions of capabilities, project types, scopes, service areas and project sizes are illustrative and do not constitute a commitment to undertake any particular project or to perform work on any particular terms.

Submitting a request through the Site does not create any contractual relationship. Any budget, estimate, proposal or bid we provide is subject to its own stated assumptions, exclusions, allowances and expiry, and is non-binding until a written contract is executed by both parties. In the event of any inconsistency between the Site and an executed contract, the executed contract controls.

Project descriptions, unit counts and photographs shown on the Site reflect work performed on properties owned or managed by our clients and affiliates, and are provided as examples of work type and standard. They are not a guarantee that any future project will achieve the same scope, cost, schedule or result.

5. No professional advice

Content on the Site is general in nature. It is not architectural, engineering, legal, insurance, accounting, investment or code-compliance advice, and it is not a substitute for a property-specific assessment by a qualified professional. Building codes, permitting requirements and licensing rules vary by jurisdiction and change over time. Do not rely on the Site in making decisions about a specific property without professional advice directed to that property.

6. Information you submit

When you submit information through a form on the Site, you confirm that the information is accurate to the best of your knowledge and that you have the right to share it with us — including where it relates to a property you do not personally own.

Please do not send confidential, privileged or sensitive personal information through the Site. Email and web forms are not secure channels. If a matter requires confidentiality, contact us and we will arrange an appropriate method of transfer, or execute a non-disclosure agreement first.

If you send us an unsolicited idea, suggestion or proposal, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use it without restriction or compensation. We do not accept unsolicited confidential submissions, and no confidential relationship is created by sending one.

Your personal information is handled in accordance with our Privacy Policy, which is incorporated into these Terms.

7. Intellectual property

The Site and all of its contents — including text, layout, design, graphics, logos, photographs, icons and source code — are owned by Ives Construction or its licensors and are protected by United States and international copyright, trademark and other laws. See our Copyright & Trademark notice for details, image credits and the procedure for reporting infringement.

You are granted a limited, revocable, non-exclusive, non-transferable licence to view and print pages of the Site for your own internal business or personal reference. All other rights are reserved.

8. Third-party links and services

The Site may link to or rely on third-party websites and services, including font delivery, hosting, security and email transmission providers. We do not control those services and are not responsible for their content, availability, security or privacy practices. A link is not an endorsement. Your use of a third-party service is governed by that party's own terms.

9. Availability and changes

We may modify, suspend or discontinue any part of the Site at any time without notice. We do not warrant that the Site will be available uninterrupted or error-free.

We may revise these Terms at any time. The "Last updated" date above shows when they were last changed. Material changes take effect when posted, and your continued use of the Site after that constitutes acceptance. Please review these Terms periodically.

10. Disclaimer of warranties

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, IVES CONSTRUCTION DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, SECURE, UNINTERRUPTED OR FREE OF HARMFUL COMPONENTS.

This section limits warranties about the Site only. It does not limit, waive or affect any warranty, guarantee or obligation contained in a signed construction contract between you and Ives Construction, or any warranty implied by law in connection with construction work actually performed.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IVES CONSTRUCTION AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF — OR INABILITY TO USE — THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of the two paragraphs above may not apply to you. Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.

Again, this section concerns the Site. Liability arising from construction work is governed by the applicable signed contract and by law.

12. Indemnification

You agree to indemnify, defend and hold harmless Ives Construction and its members, managers, officers, employees and agents from and against any claims, liabilities, damages, losses and expenses — including reasonable legal fees — arising out of or connected with your misuse of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.

13. Governing law and venue

These Terms and any dispute arising out of them or the Site are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. You and Ives Construction agree to the exclusive jurisdiction and venue of the state and federal courts located in Lake County and Cuyahoga County, Ohio, and each party waives any objection to that venue.

Any claim arising out of or related to the Site must be brought within one (1) year after the claim arises, or it is permanently barred, except where a longer period is required by law.

14. General provisions

• Entire agreement. These Terms, together with the Privacy Policy and the Copyright notice, are the entire agreement between you and us regarding the Site, and supersede any prior understanding on that subject. They do not supersede any signed construction contract.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will stay in force.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• No third-party beneficiaries. These Terms create no rights in any person who is not a party to them.
• Headings. Headings are for convenience only and do not affect interpretation.

15. How to contact us

Questions about these Terms should go to:

Ives Construction, LLC — Legal
33050 Lakeland Blvd
Eastlake, OH 44095
Email: [email protected]
Phone: (216) 555-0147