Live operators available: 8:00am to 11:00pm weekdays. 8:00am to 5:00pm weekends.

Terms & Conditions

These Terms of Use constitute a legally binding agreement (this “Agreement”) between you and ‘58 Foundations & Waterproofing and our affiliated companies (hereinafter “we,” “us,” or “our”) that govern your use of our websites, including, for example, 58foundations.com (collectively, the “Sites”).

By using the Sites, you signify your understanding and acceptance of this Agreement and all its terms, including our Privacy Policy, which is incorporated into this Agreement. If you do not agree, your option is not to use or access the Sites.

All purchases of products or services, whether paid through the Sites or through some other method, are governed by the terms and conditions of the particular written customer agreement that you sign with us (hereinafter, the “Customer Agreement”). To the extent that there arises any conflict between the terms of your Customer Agreement and this Agreement, the terms of your Customer Agreement shall control with respect to that conflict.

The Sites are offered for use solely by adults who are located in the U.S.A., and who use the Sites for lawful business purposes only.

1. The Sites’ Intended Purpose

We provide basement waterproofing, foundation repair, crawl space encapsulation, egress window installation, mold removal and related home improvement services. The Sites provide a convenient way for individual homeowners, commercial property managers, and others (which we refer to here as “Users,” “you,” “your,” or “yourself”) to obtain information and/or services from us relating to our home and/or commercial contracting services (“Services”).

2. Changes to this Agreement

We may revise and update the terms of this Agreement from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Sites thereafter. 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: (a) download, install, and use any aspect or content of the Sites on a mobile device or personal computer owned or otherwise controlled by you (“Your Device”) strictly in accordance with our documentation; and (b) access, stream, download, and use on Your Device the content and services made available in or otherwise accessible through the Sites, strictly in accordance with this Agreement.

4. Reservation of Rights

You acknowledge and agree that the Sites are provided under license, and not sold, to you. You do not acquire any ownership interest in the Sites under this Agreement, or any other rights thereto other than to use the Sites in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. We and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Sites, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5. Eligibility, Access, and Security

We reserve the right to withdraw or amend the Sites, and any service or material that we provide through the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Sites to Users.

If you choose, or are provided with, a username, 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 agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

6. Payment and Refund Policy

Within the context of your use of the Sites or within the terms and conditions of your Customer Agreement, if applicable, we will separately communicate to you the terms of payment (including any cancellation and refund policies). You agree that such terms are hereby incorporated into this Agreement as if fully stated herein. All prices that we publish or otherwise communicate to you are denominated in United States dollars unless we state differently.

7. Intellectual Property Rights

All contents, features, and functionality of the Sites (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our 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.

8. Trademarks

‘58 Foundations & Waterproofing and all related names, logos, product and service names, designs, and slogans are trademarks of ‘58 Foundations & Waterproofing or our affiliates or licensors (referred to here as “Our Marks”). We may provide you with Our Marks for the sole purpose of identifying yourself as a purveyor or distributor of our branded products or services on your website, social media, and print media. You must not use Our Marks for any other purpose without our prior written permission. All other names, logos, product and service names, designs, and slogans in the Sites are the trademarks of their respective owners.

9. Your Information

“Your Information” is any information that you provide, publish, or post to or through the Sites (including, for example, customer reviews, photographs, feedback, testimonials, and, if ever applicable, any profile or User account information that you provide). Our collection and use of personal information in connection with the Sites are as provided in our Privacy Policy, which is part of this Agreement. You agree to provide and maintain accurate, current, and complete information and that we may rely on Your Information as accurate, current, and complete.

To enable us to use Your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in Your Information, and to use, copy, perform, display, and distribute Your Information to prepare derivative works, or incorporate into other works, Your Information, in any media now known or not currently known.

10. Our Communications with You

By entering into this Agreement, including by using the Sites, you agree to receive communications from us, including via email, calls, and push notifications, subject to the provisions of our Privacy Policy. Communications from us, our affiliated companies and/or Users, may include but are not limited to: operational communications concerning your User account or use of the Sites, updates concerning new and existing features on the Sites, communications concerning promotions run by us or our third-party partners, and news concerning us and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send pursuant to your consent or request.

11. Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with this Agreement. In connection with your use of the Sites, you acknowledge that you will not:

  • Violate in any way any federal, state, local, or international law or regulation;
  • Post, send, solicit, or obtain anything defamatory, fraudulent, violent, threatening, pornographic, racist, hateful, or otherwise objectionable in our sole opinion;
  • Impersonate any individual or entity, or infringe any person’s intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights;
  • Engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Sites, or which, as determined by us, may harm us or our Users, or expose us or them to liability or reputational harm;
  • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • Hack or compromise in any way the integrity and security of the Sites or the computers or devices of any of our Users;
  • “Frame” or “mirror” any part of the Sites, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
  • Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Sites;
  • Rent, lease, lend, sell, redistribute, license or sublicense the Sites;
  • Use any robot, spider, or other automatic means to access the Sites;
  • Use any manual process to monitor or copy any of the material in the Sites or for any other unauthorized purpose without our prior written consent;
  • Allow any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, to be introduced into the Sites;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the servers on which they operate, or any server, computer, or database to which the Sites are connected;
  • If applicable, transfer or sell your User account, password and/or identification to any other party; or
  • Cause any person to engage in the foregoing prohibited activities.

12. Changes and Updates to the Sites

We may from time to time in our sole discretion develop and provide updates to the Sites, which may include content updates, upgrades, bug fixes, patches, error corrections, and/or new features (together, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

13. Linking to the Sites and Social Media Features

You may link to our Sites, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part without our express consent.

The Sites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Sites;
  • Send emails or other communications with certain content, or links to certain content, on the Sites;
  • Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Cause the Sites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
  • Link to any part of the Sites other than the homepage;
  • Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of this Agreement.

14. Termination

This Agreement is effective until terminated by us or by you. We may terminate or suspend your access to and use of the Sites, at our sole discretion, at any time and without notice to you. Upon any termination of this Agreement, we will immediately cease providing you with access to the Sites, and you will immediately cease all use of the Sites. Upon any termination or expiration of this Agreement, all rights and obligations of the parties will cease, and each party will promptly return or destroy the other party’s confidential information in its possession or control.

15. Disclaimer of Warranties

No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES, ANY SERVICES OR ITEMS OBTAINED THROUGH THEM, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM OR ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE, AND ANY PERSON ASSOCIATED WITH US, DO NOT WARRANT OR REPRESENT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO DO NOT WARRANT THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Acts of Others

UNDER NO CIRCUMSTANCES, INCLUDING THE TERMINATION OR CANCELLATION OF YOUR USE OF THE SITES, WILL WE BE LIABLE FOR ANY LOSSES RELATED TO THE ACTIONS OF OTHER USERS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT 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 SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR ON LINKED 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, OR LOSS OF DATA, EVEN IF FORESEEABLE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.

THIS LIMITATION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, service providers, and our 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 this Agreement or your use of the Sites, including but not limited to any use of the Sites’ content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Sites.

18. Term and Termination

This Agreement commences when you access, download, or install any aspect or content of the Sites. It continues until terminated by you or us as described herein. You may terminate this Agreement by ceasing all access to the Sites and deleting all aspects or content of the Sites from Your Device. We may terminate this Agreement at any time without notice, with or without cause. Upon termination, except as provided in the sections of this Agreement captioned “Changes to this Agreement,” “Reservation of Rights,” “Intellectual Property Rights,” “Trademarks,” “Your Information,” “Our Communications with You,” “Prohibited Uses,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Term and Termination,” “Governing Law and Jurisdiction,” “Waiver and Severability,” and “Entire Agreement,” which shall survive any expiration or termination of this Agreement, all rights granted to you under this Agreement will terminate. You must cease all use of the Sites and delete all copies of any aspects or content of the Sites. Termination will not limit any of our rights or remedies at law or in equity.

19. Governing Law and Jurisdiction

All matters relating to the Sites and this Agreement, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to this Agreement or the Sites shall be instituted exclusively in the U.S. District Court for the District of New York or the courts of the State of New York. We retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Waiver and Severability

No waiver by us of any term or condition set out in this Agreement 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 on our part to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 necessary so that the remaining provisions of this Agreement will continue in full force and effect.

21. Entire Agreement

This Agreement, our Privacy Policy, and any documents or communications referenced in this Agreement and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.