Terms of Service
Welcome to Below Grade Life. These Terms of Service ("Terms") govern your access to and use of the Below Grade Life website located at belowgradelife.com (the "Site"). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.
1. Acceptance of Terms
By accessing, browsing, or using Below Grade Life at belowgradelife.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and Below Grade Life. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms.
2. Description of Service
Below Grade Life provides informational content, practical advice, and educational resources related to basement finishing, below-grade living, waterproofing, foundation repair, and related home improvement topics. Our content is based on professional contracting experience in the Indianapolis area and is intended for informational and educational purposes only.
The Site may include articles, guides, tutorials, photographs, videos, user comments, and other materials related to basement and below-grade construction and renovation. Below Grade Life is accessible at belowgradelife.com and may be updated or modified at our discretion without prior notice.
3. User Accounts and Responsibilities
Certain features of Below Grade Life may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify Below Grade Life of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.
You must be at least 18 years of age to create an account on Below Grade Life. By creating an account, you represent and warrant that you meet this age requirement.
4. Acceptable Use
You agree to use Below Grade Life and the content available at belowgradelife.com only for lawful purposes and in accordance with these Terms. You specifically agree not to:
Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
Transmit any material that is defamatory, obscene, offensive, hateful, or otherwise objectionable
Impersonate or attempt to impersonate Below Grade Life, our employees, another user, or any other person or entity
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
Use any robot, spider, scraper, or other automated means to access the Site without our express written permission
Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
Use the Site to advertise or offer to sell goods or services without our prior written consent
5. Intellectual Property Rights
All content on Below Grade Life, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, digital downloads, and software, is the property of Below Grade Life or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
The Below Grade Life name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Below Grade Life. You may not use such marks without our prior written permission. The compilation, organization, and display of content on belowgradelife.com is the exclusive property of Below Grade Life.
You may access and use the Site and its content for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from Below Grade Life without our prior written consent, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may print one copy of a reasonable number of pages for your own personal, non-commercial use.
6. User Content and Submissions
Below Grade Life may allow users to post comments, questions, reviews, photographs, and other content ("User Content"). You retain ownership of any User Content you submit, but by posting User Content on belowgradelife.com, you grant Below Grade Life a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
You represent and warrant that you own or control all rights to your User Content and that your User Content does not violate these Terms, any applicable law, or the rights of any third party. You agree that your User Content will not contain material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate.
Below Grade Life reserves the right, but is not obligated, to monitor, edit, or remove any User Content at our sole discretion. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein.
7. Disclaimers and No Warranties
THE INFORMATION, CONTENT, AND MATERIALS ON BELOW GRADE LIFE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BELOW GRADE LIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Below Grade Life does not warrant that the Site or content available at belowgradelife.com will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Site will be accurate or reliable. We do not warrant that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components.
The content on Below Grade Life is for informational purposes only and should not be considered professional advice. While we strive to provide accurate and up-to-date information based on contracting experience, we make no representations or warranties regarding the completeness, accuracy, or reliability of any content. Building codes, regulations, and best practices vary by location and change over time. You should always consult with licensed professionals and local authorities before undertaking any construction or renovation project.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BELOW GRADE LIFE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
Your access to or use of or inability to access or use the Site
Any conduct or content of any third party on the Site
Any content obtained from the Site
Unauthorized access, use, or alteration of your transmissions or content
Any construction, renovation, or repair work undertaken based on information from Below Grade Life
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).
9. Indemnification
You agree to defend, indemnify, and hold harmless Below Grade Life, its affiliates, 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 Service
Your use of the Site or content available at belowgradelife.com
Your User Content or any content you submit, post, or transmit through the Site
Your violation of any rights of another person or entity
Any construction or renovation work you undertake based on information from Below Grade Life
10. Termination
Below Grade Life reserves the right to terminate or suspend your access to the Site at belowgradelife.com, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Site will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.
You may terminate your account at any time by discontinuing use of the Site and, if applicable, deleting your account through the account settings.
11. Governing Law and Dispute Resolution
These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Marion County, Indiana, and you hereby irrevocably consent to personal jurisdiction and venue in such courts.
12. Changes to Terms
Below Grade Life reserves the right to modify or replace these Terms of Service at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on the Site at belowgradelife.com and updating the "Last Updated" date. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.
We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the modified Terms, you must stop using the Site.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.
14. Entire Agreement
These Terms of Service, together with our Privacy Policy and any other legal notices published by Below Grade Life on the Site, constitute the entire agreement between you and Below Grade Life concerning your use of belowgradelife.com and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
15. Contact Information
If you have any questions, concerns, or comments about these Terms of Service, please contact Below Grade Life through the contact information provided on our Site at belowgradelife.com. We will make reasonable efforts to respond to your inquiries in a timely manner.
Last Updated: January 2025