Website Terms of Use

Last updated: April 24, 2024

These Terms of Use constitute a legally binding agreement (this "Agreement") between you and APS Foundation and our affiliated companies (hereinafter "we," "us," or "our") that govern your use of our websites (collectively, the "Sites").

By using the Sites, you are saying that you understand this Agreement and accept all its terms, including our Privacy Policy, which is part of this Agreement. If you don't agree, your option is not to use or access the Sites.

All purchases of products or services are governed by the terms and conditions of the particular written customer agreement that you sign with us. The Sites are offered for use solely by adults located in the U.S.A. for lawful business purposes only.

1. The Sites' Intended Purpose

We provide Crawl Space Repair, Foundation Repair, and related home improvement services. The Sites provide a convenient way for individual homeowners, commercial property managers, and others to obtain information and/or services from us relating to our home and commercial contracting services.

2. Changes to this Agreement

We may revise and update the terms of this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes.

3. Limited License Grant

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, and non-transferable license to access and use the Sites and their content strictly in accordance with this Agreement.

4. Reservation of Rights

You do not acquire any ownership interest in the Sites under this Agreement. We and our licensors reserve all right, title, and interest in and to the Sites, including all copyrights, trademarks, and other intellectual property rights, except as expressly granted to you in this Agreement.

5. Eligibility, Access, and Security

We reserve the right to withdraw or amend the Sites in our sole discretion without notice. If you are provided with a username, password, or other security credentials, you must treat such information as confidential and notify us immediately of any unauthorized access or breach of security.

6. Payment and Refund Policy

Payment terms and refund policies are communicated separately within the context of your use of the Sites or within your signed Customer Agreement. All prices are denominated in United States dollars unless stated otherwise.

7. Intellectual Property Rights

All contents, features, and functionality of the Sites are owned by us, our licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8. Trademarks

APS Foundation and all related names, logos, product and service names, designs, and slogans are trademarks of APS Foundation or our affiliates. You must not use our marks for any purpose without our prior written permission.

9. Your Information

"Your Information" is any information you provide, publish, or post to or through the Sites. Our collection and use of personal information is as provided in our Privacy Policy. You agree to provide and maintain accurate, current, and complete information.

10. Our Communications with You

By using the Sites, you agree to receive communications from us, including via email, calls, and text messages, subject to our Privacy Policy. Standard text messaging charges applied by your carrier will apply to text messages sent pursuant to your consent.

11. Prohibited Uses

You may use the Sites only for lawful purposes. You agree not to:

1. Violate any federal, state, local, or international law or regulation
2. Post, send, or obtain anything defamatory, fraudulent, violent, threatening, or otherwise objectionable
3. Impersonate any individual or entity, or infringe any person's intellectual property rights
4. Engage in conduct that restricts or inhibits anyone's use or enjoyment of the Sites
5. Transmit any advertising or promotional material, including spam
6. Hack or compromise the integrity or security of the Sites
7. Frame or mirror any part of the Sites without prior written authorization
8. Modify, adapt, reverse engineer, or decompile any portion of the Sites
9. Use any robot, spider, or other automatic means to access the Sites
10. Introduce any viruses, trojan horses, worms, or other malicious material

12. Linking to the Sites

You may link to our Sites provided you do so fairly and legally, without damaging our reputation or suggesting any form of association or endorsement on our part without our express written consent.

13. Links from the Sites

Links to third-party sites are provided for your convenience only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage arising from your use of them.

14. Geographic Restrictions

We are based in the State of Alabama in the United States. We provide the Sites for use only by persons located in the United States.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, THE SITES AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

16. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

17. Indemnification

You agree to defend, indemnify, and hold us harmless, including our affiliates, licensors, and service providers, 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 this Agreement.

18. Governing Law and Jurisdiction

All matters relating to the Sites and this Agreement shall be governed by and construed in accordance with the internal laws of the State of Alabama. Any legal action shall be instituted exclusively in the U.S. District Court for the District of Alabama or the courts of the State of Alabama.

19. Waiver and Severability

No waiver of any term or condition in this Agreement shall be deemed a further or continuing waiver. If any provision is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

20. SMS / Text Messaging Terms

By opting in to APS updates, you consent to receive text messages from APS Foundation Repair and Waterproofing, including billing reminders, appointment reminders, and scheduling communications.

• Message frequency: Varies.
• Rates: Message and data rates may apply.
• Opt-out: Reply STOP to any text message to unsubscribe.
• Help: Reply HELP or contact us at (205) 882-7244.
• Carrier liability: Carriers are not liable for delayed or undelivered messages.

21. Contact

APS Foundation Repair and Waterproofing
2616 Commerce Cir, Irondale, AL 35210
Phone: (205) 882-7244