Last updated: 02/10/2017
1. Acceptance of Terms & Entities Covered
By visiting eifswallsystems.com, squeegeegang.com, buildprobusiness.com, or any other website, app, or chat widget operated by us, submitting a form, calling, texting, or emailing us, requesting a quote, or engaging our services, you (“Client,” “you”) agree to be bound by these Terms of Service. If you do not agree, do not use our Sites or engage our services.
These Terms apply to www.eifswallsystems.com, LLC, doing business as Modern Wall Systems, Squeegee Gang, and BuildPRO Business Services (collectively, “Company,” “we,” “us,” or “our”). Modern Wall Systems, Squeegee Gang, and BuildPRO Business Services are trade names and separate legal entities. Where a specific site or brand has terms unique to its services (e.g., Squeegee Gang’s cleaning packages vs. MWS’s inspection services), those terms govern that brand’s transactions, and these shared Terms govern general website use, content, and liability across all properties.
2. Eligibility
Our Sites are intended for users aged 18 or older. By using our Sites, submitting a form, or requesting a quote, you represent that you are at least 18, or that you are the parent/guardian/authorized representative of the property in question and are authorized to request services on its behalf.
3. Our Role — Inspector, Consultant & Construction Manager, Not a Direct Employer of Trades
Modern Wall Systems acts as an EIFS/stucco inspector, consultant, and construction manager. We are not the employer of the craftsmen, tradespeople, consultants, or subcontractors who physically perform work on or advise on your project. Our role is to oversee and coordinate the construction process, provide consulting and advisory services, manage timelines and budgets, and monitor for general conformance with applicable standards.
All trade work is performed by independent contractors and/or subcontractors who are solely responsible for their own employees, labor practices, means and methods, safety, taxes, insurance, and compliance with applicable law. Any consulting services we provide are advisory in nature and do not constitute a guarantee of outcome. Nothing in this agreement, on this website, or in any communication with us creates an employer-employee, joint venture, or partnership relationship between Company and any subcontractor or consultant, or their employees or agents.
4. Scope of Services & Limitations of Inspections
Inspection services are visual and non-invasive unless invasive/destructive testing is separately contracted and disclosed in writing. Inspections reflect the condition of the property only at the specific date and time of the inspection and do not guarantee against future moisture intrusion, latent defects, or conditions concealed behind finished surfaces. Inspection reports are not a warranty, insurance policy, or guarantee of the property’s condition, value, or future performance.
Any inspector of record identified on a report (e.g., a Certified EIFS Professional) is providing a professional opinion based on visible conditions at the time of inspection. Client acknowledges that no inspection can identify every defect and that our liability, if any, is limited as described in Section 12 below.
5. Quotes, Estimates & Payment Terms
All written quotes (e.g., QU-XXXX numbered quotes) are valid for 30 days from the date issued unless otherwise stated, and are subject to change based on concealed conditions discovered once work begins.
- Deposit: A deposit (typically 33%–50% of the contract total, as stated on your specific quote) is due upon signed acceptance and before work is scheduled.
- Progress payment(s): Where applicable, a progress payment is due at the project milestone stated on your quote.
- Final payment: The remaining balance is due upon substantial completion of work, regardless of whether Client has scheduled or completed a final walkthrough. We will make reasonable efforts to coordinate a walkthrough, but Client’s nonresponse does not extend the payment due date.
- Late payments: Invoices unpaid within 10 days of the due date accrue a late fee of 1.5% per month (18% annually), or the maximum allowed by Virginia law, whichever is lower. We may suspend work on any active project until payment is brought current.
- Change orders: Any work outside the original written scope requires a signed change order and associated payment before that additional work begins.
Deferred Payment / Financing Program
Where we offer a deferred payment or third-party financing option, the following applies: financing, if available, is provided by an independent third-party lender, not by us. We are not a lender, do not extend credit, and make no guarantee of approval, rate, or terms — those are determined solely by the financing partner based on Client’s application and creditworthiness. Client’s agreement to financing terms is a separate contract between Client and the lender, governed by that lender’s own terms and disclosures. We are not a party to, and bear no liability under, any financing agreement, and any dispute regarding financing must be directed to the lender.
6. Warranty
We provide a one (1) year labor warranty on workmanship performed directly under a Company-managed contract, beginning on the date of substantial completion. Materials installed as part of the project carry the applicable manufacturer’s material warranty (typically 5–7 years, per the manufacturer’s published terms), which is administered by the manufacturer — not us.
This warranty does not cover: damage from acts of God, settling, structural movement, improper maintenance, alterations by others after completion, normal wear, or pre-existing conditions not part of the original scope of work. Warranty claims must be submitted in writing to ems@eifswallsystems.com within the warranty period.
7. Assumption of Risk
Client acknowledges that construction, inspection, and remediation work inherently involves risks, including but not limited to the discovery of concealed damage, mold, or structural issues once work begins. Client accepts these risks as an inherent part of engaging us and agrees that the discovery of such conditions does not, by itself, constitute breach of contract or negligence by Company.
8. Website Content & Intellectual Property
All text, photographs, graphics, logos, pricing charts, service descriptions, videos, and other content on our Sites (collectively, “Content”) is owned by us or licensed to us, and is protected by U.S. copyright, trademark, and other intellectual property laws. Your use of our Sites does not grant you any ownership interest in any Content.
You may view and share pages of our Sites for personal, non-commercial reference. You may not, without our prior written permission:
- Copy, republish, or redistribute our photographs, before/after project images, written service descriptions, or pricing information on another website, in advertising, or in a competing business’s marketing materials;
- Use automated tools (bots, scrapers, crawlers) to copy, index, or extract pricing, content, or images from our Sites;
- Use our company name, logo, or the “Modern Wall Systems,” “Squeegee Gang,” or “BuildPRO Business Services” marks in a way that implies endorsement, affiliation, or partnership without our written consent.
Photographs of completed projects may depict real client properties. We only publish project photos where we have the right to do so; if you are a client and would prefer your property not be featured, contact us at ems@eifswallsystems.com and we will remove it.
9. Copyright Complaints (DMCA)
If you believe content on our Sites infringes your copyright, send a written notice to ems@eifswallsystems.com with the subject line “Copyright Notice” including: (1) your signature; (2) identification of the copyrighted work; (3) identification and location of the allegedly infringing material on our Site; (4) your contact information; (5) a statement of good-faith belief that the use is unauthorized; and (6) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on the copyright owner’s behalf. We will investigate and remove infringing material we control upon receiving a valid notice.
10. Acceptable Use of Our Sites
When using our Sites, contact forms, or chat widget, you agree not to:
- Submit false, fraudulent, or misleading information in a quote request, contact form, or chat conversation;
- Use our contact forms, chat widget, or phone/text lines to send spam, unsolicited advertising, or unrelated solicitations;
- Attempt to gain unauthorized access to our website, servers, admin systems, or any connected account;
- Upload or transmit viruses, malware, or code intended to disrupt our Sites;
- Impersonate Company, our staff, or another person when submitting a form or message;
- Use our Sites for any unlawful purpose or in violation of Virginia or federal law.
We reserve the right to block, report, or refuse service to anyone who violates this section.
11. Reviews, Testimonials & Other User-Submitted Content
If our Sites allow you to submit a review, testimonial, comment, or product rating (e.g., on Squeegee Gang service pages), you grant us a non-exclusive, royalty-free, worldwide right to display, reproduce, and use that content on our Sites and in our marketing (print, digital, and social media), including your first name and general location unless you request otherwise. You confirm that anything you submit is truthful, is your own original statement, and does not infringe anyone else’s rights. We may decline to publish, or may remove, any submission at our discretion, including reviews that are abusive, fraudulent, or unrelated to an actual customer experience.
12. Limitation of Liability
To the fullest extent permitted by Virginia law: our total liability arising out of or related to any inspection, project, quote, website use, or service — whether based in contract, tort (including negligence), or any other legal theory — shall not exceed the total amount actually paid by Client to us for the specific service giving rise to the claim.
In no event shall we be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits, loss of use, diminished property value, or cost of alternative accommodations, even if we have been advised of the possibility of such damages.
We are not liable for the acts, omissions, negligence, or workmanship of independent contractors or subcontractors, except to the extent we expressly assume such liability in a signed written agreement. We are also not responsible for third-party websites, links, advertisers, or services referenced on our Sites — those interactions are solely between you and the third party.
13. Indemnification
Client agrees to indemnify, defend, and hold harmless www.eifswallsystems.com, LLC, its owners, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of: (a) Client’s breach of this agreement; (b) Client’s failure to disclose known property conditions; (c) third-party claims not caused by our own gross negligence or willful misconduct; (d) Client’s misuse of any information, tool, or report provided by us; or (e) your use of our Sites or violation of Section 10 (Acceptable Use).
14. Dispute Resolution & Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, any quote, or any service provided by us shall be resolved through binding arbitration administered under the rules of the American Arbitration Association (or a comparable Virginia-based arbitration provider), rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.
Class action waiver: Client agrees that any arbitration or claim will be conducted only on an individual basis and not as a class, collective, or representative action.
Before initiating arbitration, the parties agree to first attempt to resolve the dispute informally by contacting ems@eifswallsystems.com and allowing 30 days for good-faith resolution.
Any claim or cause of action arising out of your use of our Sites or our services must be filed within one (1) year after the claim or cause of action arose, or it is permanently barred, to the extent permitted by Virginia law.
15. Governing Law & Venue
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles. Any proceeding not subject to arbitration above shall take place exclusively in the state or federal courts located in Virginia Beach, Virginia.
16. Website, Phone, Text & Email Communications
By submitting a form, calling, texting, or emailing us, or clicking a “text us” link on this site, you consent to be contacted by us via phone, SMS/text message, and email regarding your inquiry, quote, or project, using the contact information you provide. Message and data rates may apply, and your mobile carrier may separately charge you for data usage related to your use of our Sites or chat widget — we are not responsible for those charges. Consent to receive texts is not a condition of purchasing services. Reply STOP at any time to opt out of text communications, or contact ems@eifswallsystems.com to be removed from any communication list.
Content on this website (photos, pricing, service descriptions) is provided for general informational purposes and does not constitute a binding offer. All work is subject to a separate signed quote/contract.
17. Accounts (If Applicable)
If any of our Sites now or in the future offer a login, client portal, or account-based feature, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at ems@eifswallsystems.com if you suspect unauthorized use of your account. We may suspend or terminate an account at our discretion if we believe it has been compromised or used to violate these Terms.
18. Term, Termination & Assignment
These Terms remain in effect for as long as you use our Sites. We may deny, suspend, or terminate your access to our Sites or chat widget at any time, for any reason or no reason — including suspected fraud, abuse, harassment of our staff, or violation of Section 10 (Acceptable Use) — without prior notice and without liability to you. Termination of website access does not affect the terms of any signed service contract or quote already in place, which continue to be governed by that contract.
You may not transfer or assign any rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction or notice to you — including in connection with a sale, merger, reorganization, or transfer of the business.
19. Force Majeure
We are not liable for delay or failure to perform caused by events beyond our reasonable control, including weather, material/supply shortages, labor shortages, permitting delays, acts of God, or other circumstances outside our control.
20. Severability, Modifications & Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect. These Terms, together with any signed quote/contract, constitute the entire agreement between Client and Company regarding the subject matter herein and supersede prior discussions, unless separately modified in writing signed by both parties.
We may update these Terms at any time by posting the revised version on our Sites with an updated “Last updated” date. Continued use of our Sites or continued engagement of our services after changes are posted constitutes acceptance of the revised Terms.
21. Contact & Customer Support
www.eifswallsystems.com, LLC
900 Commonwealth Pl, Suite 104
Virginia Beach, VA 23464
Modern Wall Systems: 757-833-4063 • ems@eifswallsystems.com
BuildPRO Business Services: 757-833-4062 • ems@buildprobusiness.com
Squeegee Gang: 757-833-4066 • info@squeegeegang.com
