Effective Date: February 13, 2026
Introduction to Terms of Use for El Vive Construction
Company, Inc.
Welcome to https://elviveconstructionandconcrete.com (the
“Website”). This Terms of Use Agreement (the “Agreement”) is made and entered
into by and between you and El Vive Construction Company, Inc. (the
“Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and
conditions that govern your use of and access to the Website and any products,
materials, estimates, communications, and services provided by or on the
Website (collectively, the “Services”).
1. Acceptance of this Agreement
1.1 Acceptance Through Using or Accessing the Services
By accessing or using the Services (or by clicking on
“accept” or “agree” to this Agreement when prompted), you agree to be bound by
the terms and conditions of this Agreement on behalf of yourself or the entity
or organization that you represent. If you do not agree to the terms and
conditions of this Agreement, you may not use or access the Services and must
exit the Website immediately.
1.2 Eligibility Requirements to Use or Access the
Services
To use the Website or any other Services, you must be: (i)
at least 18 years old, and (ii) not using the Services for purposes that are
competitive with the Company.
By accessing or using the Services, you represent and
warrant that you meet all the foregoing eligibility requirements. You also
represent and warrant that you have the right, authority, and capacity to enter
into this Agreement on your behalf or the entity or organization that you
represent. If you do not meet all these requirements, you may not use or access
the Services.
1.3 Changes to this Agreement
The Company reserves the right to change this Agreement from
time to time in its sole discretion. Except for changes made for legal or
administrative purposes, the Company will provide reasonable advance notice
before the changes become effective. All changes will apply to your use of and
access to the Services from the date the changes become effective and onwards.
For new users, the changes will be effective immediately.
Your continued use of or access to the Services following
any changes to this Agreement shall constitute your acknowledgment of such
changes and agreement to be bound by the terms and conditions of such changes.
You should check this page frequently so that you are aware of any changes
since they are binding on you.
2. Access to the Services
2.1 Changes to Your Access and the Services
The Services may change from time to time as the Company
evolves, refines, or adds more features to the Services. The Company reserves
the right to modify, withdraw, or discontinue the Services, in whole or in
part, at any time without notice to you. You agree that the Company shall have
no liability to you or any third party for any losses or damages caused by the
Services not being available, in whole or in part, at any time or for any
period.
2.2 Creating an Account
You may be required to register for an account and provide
certain information about yourself to access the Services or certain features
of the Services. You promise to provide us with accurate, complete, and updated
information about yourself. The Company may have different types of accounts
for different users. If you connect to any Services with a third-party service,
you grant us permission to access and use your information from such service as
permitted by that service to store your login credentials for that service. All
information that you provide will be governed by our Privacy Policy (https://elviveconstructionandconcrete.com/privacy-policy).
You consent to all actions that we may take with respect to your information
consistent with our Privacy Policy.
2.3 Account Responsibilities
You are entirely responsible for maintaining the
confidentiality of your password and account. You are also entirely responsible
for any and all activities associated with your account. Your account is
personal to you and you agree not to provide any other person with access to
the Services or any portions of it using your username, password, or other
security information. You should ensure that you exit from your account at the
end of each session. You should use extra 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. You may not transfer your account to
anyone else without our prior written permission. You agree to notify the
Company immediately of any actual or suspected unauthorized use of your account
or any other breach of security. The Company will not be liable for any losses
or damages arising from your failure to comply with the above requirements. You
will be held liable for losses or damages incurred by the Company or any third
party due to someone else using your account or password.
2.4 Termination or Deletion of an Account
The Company shall have the right to suspend or terminate
your account at any time in our sole discretion for any or no reason, including
if we determine that you have violated any terms or conditions of this
Agreement.
3. Policy for Using the Services
3.1 Prohibited Uses
You may use the Services for lawful purposes only and in
accordance with this Agreement. You agree not to use the Services in any way
that could damage the Services or general business of the Company. You may use
the Services for any business or commercial purposes.
3.2 Prohibited Activities
You further agree not to engage in any of the following
prohibited activities in connection with using the Services:
a. Violate any applicable laws or regulations.
b. Send unsolicited or unauthorized advertising, spam, or promotional messages.
c. Impersonate any person or misrepresent your affiliation with any entity.
d. Exploit or harm minors in any way.
e. Upload or transmit material that violates content standards.
f. Interfere with another person’s use of the Services.
g. Disrupt or interfere with the Website or servers.
h. Copy or scrape content without authorization.
i. Upload viruses or malicious software.
j. Attempt unauthorized access to systems or data.
k. Reverse engineer any part of the Services.
l. Collect user data without consent.
m. Interfere with normal operation of the Services.
n. Assist or attempt any of the above actions.
3.3 Geographic Restrictions
The Company is based in the United States of America, in the
State of Nevada. The Services are intended for use by persons located in
the United States and Canada only. The Company makes no representations that
the Services are appropriate or available in other locations.
4. Terms and Conditions of Sale
4.1 Purchasing Process
Any steps taken from choosing Services to order submission
form part of the purchasing process.
4.2 Order Submission
Submission of an order creates an obligation to pay all
applicable fees and cooperate in providing any required project information.
4.3 Prices
All pricing, taxes, and fees are disclosed prior to order
submission.
4.4 Methods of Payment
Payments are processed by third-party providers. The Website
does not store full payment details.
4.5 Retention of Usage Rights
You do not acquire rights to any purchased Services until
payment is received in full.
5. Contract Duration
Subscriptions, renewals, cancellations, and termination
terms apply as stated at time of purchase.
6. Intellectual Property Rights
All content on the Website is owned by the Company or its
licensors. You are granted a limited license to use the Services for lawful
business purposes only.
7. User Content
You are responsible for any content you submit. By
submitting content, you grant the Company a non-exclusive, worldwide license to
use such content for business and promotional purposes, subject to our Privacy
Policy.
8. Copyright Infringement (DMCA)
If you believe content infringes your copyright, submit a
proper DMCA notice to:
Email: info@elviveconstructionandconcrete.com
9. Feedback
Any feedback or suggestions you provide may be used by the
Company without restriction.
10. Assumption of Risk
Information on the Website is provided for general
informational purposes only and is used at your own risk.
11. Privacy
Your use of the Services is subject to our Privacy Policy:
https://elviveconstructionandconcrete.com/privacy-policy
All SMS opt-in data and consent information will not be
shared with third parties except providers necessary to deliver text message
services. Your mobile information will not be shared for marketing or
promotional purposes.
12. White-Labeled HighLevel CRM Services
12.1 Third-Party Platform
We provide access to customer relationship management tools,
including HighLevel CRM, to help manage estimates, scheduling, customer
communications, and service follow-ups. HighLevel CRM is a third-party
platform. The software, servers, and infrastructure are owned and operated by
GoHighLevel.
12.2 Limitation of Liability
We are not responsible for any issues, outages, data
breaches, or other problems that may occur with the HighLevel platform. This
includes, but is not limited to:
Service interruptions or downtime
Data loss or corruption
Security breaches or unauthorized access to data
Changes to platform features or functionality
Any other technical issues related to the HighLevel platform
12.3 Support for Platform Issues
For issues related to the core functionality of the
HighLevel platform, you may need to contact GoHighLevel directly.
12.4 Data Processing
When you use our CRM services, your data may be processed
according to GoHighLevel’s privacy policy and terms of service, in addition to
our policies.
12.5 Service Continuity
We cannot guarantee the continued availability of the
HighLevel platform or its features.
12.6 Acceptance of Risk
By using CRM services powered by third-party platforms, you
accept all risks associated with using third-party services and agree to hold
the Company harmless for any issues arising from such platforms.
13. AI Technologies and Services
13.1 AI-Powered Features
Our Services may include or incorporate automated tools,
including but not limited to:
AI-powered text and voice agents for customer communication
Automated appointment scheduling and confirmations
AI-assisted quality checks to improve customer service
Speech-to-text and call routing tools
13.2 Your Interactions with AI Systems
By using AI-powered features, you acknowledge and agree
that:
You may be interacting with automated systems rather than human agents in some
instances
AI-generated responses are produced through algorithmic processes
We will disclose when you are interacting with automated systems
You may request human follow-up at any time
13.3 Data Collection for AI Systems
AI systems may collect and process:
Text inputs and chat messages
Voice recordings when using voice-enabled features
Scheduling and service-related information
Technical usage data
All data collection and processing is subject to our Privacy Policy.
13.4 AI Training and Improvement
We may use data from interactions to improve and maintain
our automated systems, subject to the following:
We anonymize or aggregate data where possible
We apply security safeguards to protect data
Confidential information will not be used for system training without consent
You may opt out of having your data used for training by contacting
info@elviveconstructionandconcrete.com
13.5 AI-Generated Content
We do not guarantee the accuracy, completeness, or
suitability of any content generated by automated systems. You are responsible
for reviewing and verifying any automated responses before relying on them.
13.6 AI Voice Technologies
When using automated voice features:
Voice recordings may be processed to provide the requested service
You will be notified when call recording is active
Voice data may be transcribed into text
We implement security measures to protect voice data
You may request deletion of voice recordings by contacting
info@elviveconstructionandconcrete.com
13.7 Intellectual Property for AI-Generated Content
The Company retains all intellectual property rights in the
automated systems and technologies used to provide AI-powered features. For
content generated by automated systems based on your inputs, you are granted a
non-exclusive, worldwide, royalty-free license to use such content for your
personal or business purposes. You may not claim ownership of the underlying
automated technologies or systems. The Company reserves the right to generate
similar content for other users. You are responsible for ensuring your use of
automated content does not infringe any third-party rights.
13.8 AI Usage Limitations
You agree not to use automated tools to:
Generate or distribute unlawful or harmful content
Impersonate individuals without consent
Create misleading or deceptive content
Engage in harassment, spam, or abuse
Attempt to extract proprietary system information
Use automated systems to develop competing products or services
13.9 Transparency and Human Oversight
We maintain appropriate human oversight of automated
systems. We regularly evaluate automated tools for safety, security, and
reliability. You may report concerns about automated interactions or request
human assistance at any time.
13.10 Changes to AI Technologies
Automated tools and features may change over time. We
reserve the right to modify, update, or discontinue automated features without
prior notice.
13.11 Third-Party AI Technologies
Some automated features may rely on third-party technology
providers. Your data may be processed according to both our terms and the
third-party provider’s terms. We are not responsible for issues caused by
third-party automated technology providers.
13.12 Assumption of Risk for AI Technologies
You acknowledge that automated systems may produce errors or
unexpected results. Use of any automated output is at your own risk.
14. Termination
14.1 Termination
The Company may suspend or terminate your access to the
Services at any time, with or without cause, without notice. Upon termination,
your right to use the Services immediately ceases.
14.2 Effect of Termination
Upon termination, any provisions that by their nature should
survive termination shall remain in full force and effect, including
intellectual property rights, warranty disclaimers, and limitations of
liability.
15. No Warranty
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USE
OF THE SERVICES IS AT YOUR OWN RISK.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES. THE COMPANY’S TOTAL LIABILITY
SHALL NOT EXCEED ONE HUNDRED DOLLARS.
17. Indemnification
You agree to indemnify and hold harmless the Company and its
officers, employees, and affiliates from any claims, damages, or losses arising
from your use of the Services or violation of these Terms.
18. Disputes
18.1 Governing Law
This Agreement shall be governed by and construed in
accordance with the laws of the State of Nevada, without regard to
conflict of law principles.
18.2 Dispute Resolution and Mandatory Arbitration
Any dispute arising out of or relating to this Agreement or
the Services shall be resolved by binding arbitration in the State of Nevada.
You waive any right to participate in class actions.
18.3 Limitation to Time to File Claims
Any claim must be brought within one year after the cause of
action arises.
19. Miscellaneous
If any provision of this Agreement is found unenforceable,
the remaining provisions shall remain in effect. This Agreement constitutes the
entire agreement between you and the Company regarding the Services.
20. SMS/Text Messages
20.1 SMS Program Description
Used solely for appointment reminders, webinar reminders and
appointment confirmations.
20.2 Opting Out
You can cancel the SMS service at any time. Just text
“STOP” to (775) 369-2002. After you send the SMS message
“STOP” to us, we will send you an SMS message to confirm that you
have been unsubscribed. After this, you will no longer receive SMS messages
from us. If you want to join again, just sign up as you did the first time and
we will start sending SMS messages to you again.
20.3 Help and Support
If you are experiencing issues with the messaging program
you can reply with the keyword HELP for more assistance, or you can get help
directly at info@elviveconstructionandconcrete.com.
20.4 Carrier Liability
Carriers are not liable for delayed or undelivered messages.
20.5 Message and Data Rates
As always, message and data rates may apply for any messages
sent to you from us and to us from you. You will receive messages once a month.
If you have any questions about your text plan or data plan, it is best to
contact your wireless provider.
20.6 Privacy
If you have any questions regarding privacy, please read our
privacy policy: elviveconstructionandconcrete.com/privacy-policy
20.7 Recurring Messages Disclosure
By opting into our SMS program, you authorize us to send
recurring text messages to the mobile phone number you provide. You are not
required to agree to receive recurring messages as a condition of purchasing
any goods or services.
20.8 Prohibited Content
Our SMS messages will not contain unlawful content or
deceptive messaging.
20.9 SMS Opt-In Data Protection
All text messaging originator opt-in data and consent
information will not be shared with any third parties, excluding providers
necessary to deliver the SMS service. Your mobile information will not be
shared with third parties or affiliates for marketing or promotional purposes.
21. Additional Protections and Liability Waivers
The Company implements reasonable security measures but
cannot guarantee uninterrupted service or absolute security. All sales are
final unless otherwise stated in writing.
22. Contact Information
For questions about these Terms, contact:
Email: info@elviveconstructionandconcrete.com
Last Updated: February 13, 2026