Terms of Service
Last Updated: May 1, 2025
Introduction
Welcome to Discover Fencer ("we," "our," or "us"). Discover Fencer provides a platform that connects homeowners and property managers with fence contractors. By accessing or using our website, mobile applications, or any other services we offer (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").
Please read these Terms carefully. They contain important information about your legal rights and obligations. By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, please do not use our Services.
Account Registration
Some features of our Services require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use of your account.
User Responsibilities
General Users
As a user of our Services, you agree:
- To use our Services only for lawful purposes and in accordance with these Terms
- Not to use our Services in any way that violates applicable laws or regulations
- Not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Not to interfere with or disrupt our Services or servers or networks connected to our Services
- Not to collect or store personal data about other users without their consent
Contractors
If you are a contractor listed on our platform, you additionally agree:
- To provide accurate information about your business, services, and qualifications
- To maintain all required licenses, permits, and insurance as required by applicable laws and regulations
- Not to misrepresent your experience, qualifications, or reviews
- To respond to customer inquiries in a timely and professional manner
- To fulfill all obligations to customers who contact you through our platform
Reviews and Ratings
Our Services allow users to post reviews and ratings of contractors. When posting reviews, you agree:
- To provide honest, accurate information based on your personal experience
- Not to post false, misleading, or defamatory content
- Not to post content that violates another person's rights, including intellectual property rights
- Not to post content that is illegal, obscene, or offensive
We reserve the right to remove any review that violates these Terms or that we determine, in our sole discretion, is inappropriate for our platform.
Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Discover Fencer or our licensors and are protected by copyright, trademark, and other intellectual property laws.
You may use our Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our Services, except as generally and ordinarily permitted through our Services according to these Terms.
Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
WE DO NOT WARRANT THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION PROVIDED BY CONTRACTORS LISTED ON OUR PLATFORM OR REVIEWS POSTED BY USERS.
Limitation of Liability
IN NO EVENT SHALL DISCOVER FENCER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Discover Fencer, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of our Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content submitted by you causes damage to a third party.
Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website. Your continued use of our Services after such notification constitutes your acceptance of the modified Terms.
Termination
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including, but not limited to, if you breach these Terms. Upon termination, your right to use our Services will immediately cease.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be brought exclusively in the federal or state courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.
Contact Information
If you have any questions about these Terms, please contact us at:
Discover Fencer
123 Fence Way, Suite 456
Austin, TX 78701
Email: legal@discoverfencer.com
Phone: (555) 123-4567