Terms of Service
1. Agreement of Terms
Welcome to Fencehub.com, your trusted source for the most up-to-date information on fences and fence building on the Web. These “Terms of Service” constitute a binding contract between you and Fence Hub LLC, a Washington state limited liability company (also referenced herein as “we,” “us,” “our,”), regarding your access and use of the Fence Hub website, any Fence Hub web or mobile applications, or any Content (as defined below) (collectively, “Fence Hub”). Please read and be sure you understand these Terms of Service. By using Fence Hub, you agree that you have read these Terms of Service and agree to be bound by them.
a. Please note that these Terms of Service contain certain disclaimers of liability and warranty by Fence Hub LLC and liability releases and indemnifications by you, including a class action waiver, that may affect your rights.
b. We reserve the right to, at any time:
i. Change or amend these Terms of Service;
ii. Change Fence Hub and any services provided;
iii. Deny or terminate your use of Fence Hub.
c. Any changes or amendments to the Terms of Service will take effect immediately and your use of Fence Hub after such changes constitutes your acceptance of such changes. Please refer back to this page frequently to ensure you are up to date on the applicable Terms of Service.
d. You agree that you are at least 18 years of age and are competent and able to understand, accept and comply with these Terms of Service. If you access or use Fence Hub on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so and to bind such company or legal entity to these Terms of Service. In such a circumstance, “you” or “your” refers to both you and the company or legal entity.
2. Services We Provide
a. At Fence Hub we are committed to providing comprehensive information on building and maintaining fences, and to connecting consumers looking for help with the highest-caliber fence installers and fence service professionals (collectively, “Service Professionals”) in their area.
b. Fence Hub or Fence Hub LLC may provide information such as pictures, advice, video content, marketing materials, advertisements, message books, reviews, text, graphics, logos, and other content (collectively, “Content”).
c. No Guarantees or Endorsements: Fence Hub LLC endeavors to examine the credentials of our Service Professionals, but we make no guarantees, representations or warranties regarding the representations, qualifications or skills of the Service Professionals, or regarding the quality of workmanship or the product they provide. We do not recommend, sponsor or endorse the services of a particular Service Professional. Estimates provided via Fence Hub are merely a tool, and are not to be relied upon as a guarantee of actual costs, and in no event constitute a contract to which Fence Hub LLC is a party.
d. Fence Hub may provide information such as links to other websites, photographs, videos, advertisements, services, and other services or content provided by third parties. Such material may not be owned or controlled by Fence Hub LLC and Fence Hub LLC makes no warranties, representations or guarantees regarding the reliability or accuracy of such third party content. Any transactions you conduct with third parties are direct transactions and will not include Fence Hub.
e. No Contracting via Fence Hub: Fence Hub may introduce consumers and Service Professionals, but Fence Hub is in no event a party to any contract between consumers and Service Professionals, and will not be responsible for ensuring the performance of any party to such a contract. You and the Service Professional are responsible for all contracting and the performance of any obligations created thereby among the parties.
3. Permitted Uses
a. You may use the Content for personal uses only, and not for any for-profit or commercial activities or for any resale or advertising purposes unless explicitly authorized by these Terms of Service. Fence Hub LLC reserves the right to revoke your access to Fence Hub products or properties at any time.
b. You may use or print a reasonable amount of Fence Hub Content for personal use, and not for any for-profit or commercial activity or resale or advertising purposes provided you i. Provide attribution to Fence Hub; ii. Retain all trademark/copyright/intellectual property rights in Fence Hub; and iii. Do not alter or edit any such Content.
c. You will not allow any Content to be reproduced, copied or taken by any third parties without the express permission of Fence Hub LLC, and will immediately notify Fence Hub LLC of any unauthorized use of Content of which you become aware.
d. Fence Hub reserves the right to decline or revoke your use of Fence Hub at any time and for any reason.
4. Postings and User-Generated Content
a. When using Fence Hub, you may, at your option, provide certain information to Fence Hub, including limited identifying information, photographs or renderings, information about your property and needs, posted messages, feedback, reviews, and some limited financial information (collectively, “Submissions”). You agree that your Submissions remain your intellectual property and that you retain all ownership and copyrights of such Submissions.
b. However, you agree that your Submissions will not be treated as confidential, proprietary or private information and you agree to provide Fence Hub LLC with a non-exclusive, royalty-free license to your Submissions for the purpose of sharing with the public and of reproducing, distributing, copying, creating derivative works of, incorporating into Fence Hub, or otherwise using or exploiting, in perpetuity and with no compensation or notice due to you.
c. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights you may have in any Submissions.
d. By posting or otherwise submitting any Submissions to Fence Hub, you represent and warrant that you own or have all the necessary rights to use the Submissions, and grant to Fence Hub all the rights outlined in these Terms of Service. You agree that you will not post or submit any information to Fence Hub if you do not own such content, or alternatively, if you post any information that is protected by copyright, you agree that you will obtain all necessary permissions or releases from the applicable owner sufficient to comply with the rights and obligations set forth in these Terms of Service.
e. Fence Hub reserves the right, but not the obligation, to edit or refuse any posting or to remove any content at Fence Hub LLC’s sole discretion. Fence Hub LLC has no obligation to review any Content or Submissions, and does not verify the accuracy or usefulness of any submitted material. Fence Hub cannot guarantee that information posted on the site will not be offensive or inaccurate. However, you agree that you will not post or submit any information to Fence Hub that:
i. Is offensive, harmful or abusive, or includes profanity, sexually explicit or derogatory language or material;
ii. References illegal activity;
iii. Is false or would reasonably be assumed to be false;
iv. Is disparaging to Fence Hub or Fence Hub’s partners or advertisers;
v. Is otherwise in bad taste.
5. Acceptable Use Policies
a. The Fence Hub website and applications, as well as the Content and other information contained thereon, including their arrangement and display composition (collectively, “Materials”), are proprietary of Fence Hub LLC, its Service Professionals, customers, suppliers and licensors, and are protected by United States and international intellectual property laws, including copyright and trademark laws. In consideration for permission to use the Fence Hub, you agree to the following acceptable use policies:
i. You will not infringe on our or any third party’s intellectual property rights;
ii. You will not reverse engineer, decompile or disassemble Fence Hub or its Content, Materials or other intellectual property;
iii. You will not sublicense, sell, rent, lease, transfer, assign, or otherwise exploit or profit from any rights under these Terms of Service, except as expressly authorized by Fence Hub LLC.
iv. You will not “Frame” or “Mirror” any part of Fence Hub without Fence Hub’s express authorization;
v. You will not engage in bulk mailings, junk mail, unsolicited mailings or spam campaigns, whether electronic or traditional mail, or phone, with respect to Fence Hub LLC or its customers, consumers, Service Professionals or other affiliated parties;
vi. You will not harvest or otherwise collect information about Fence Hub, Fence Hub LLC, its customers, consumers, or Service Professionals without their express consent.
6. Additional Provisions Applicable to Service Professionals
a. In addition to the rest of these Terms of Service, and in consideration for the benefits of using Fence Hub, Service Professionals agree to the following provisions.
b. You agree that you will participate with Fence Hub and offer and sell your services only if you possess the qualifications, expertise and skill to carry out the requested work, and will complete such work with the level of care and skill required by a reasonably competent and prudent professional to carry out the job in accordance with applicable industry standards.
c. You agree that you have and will maintain current and valid licenses, endorsements or other authorizations required by applicable authorities for any work that you solicit, accept or perform.
d. You agree that you will timely provide all registration and profile information and will provide us with any other additional information as reasonably requested, and to keep all such information up to date at all times.
e. You agree that, should Fence Hub, in its sole discretion, provide you with a badge or link for your website, you will display such badge or link on your website. Such badges or links must link directly to the Fence Hub website or application, may not be modified in any way, and may not be used in any way that implies or suggests that Fence Hub operates, endorses, sponsors or recommends the website on which the badges or links are displayed.
f. Fence Hub will endeavor to connect you to consumers interested in procuring services you offer. You agree that you will not sell, rent, transfer or otherwise share this information with other companies.
g. Fence Hub reserves the right to use one or more call forwarding phone numbers or email forwarding addresses to connect consumers and Service Professionals, and such numbers and email addresses may be different from your actual number or email address.
h. You agree that you are an independent contractor and that no agency, partnership, joint venture or employee-employer relationship is created by these Terms of Service or any other relationship between you and Fence Hub LLC.
j. You agree that Fence Hub may investigate your qualifications, claims and history, including the use of background checks, and may assess and use this information as it chooses.
7. It is the policy of Fence Hub to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”). If you would like to report potential copyright infringement, contact Fence Hub LLC, 4601-B Aurora Avenue North, Seattle, WA 98103. Attn: General Counsel. In order for an investigation to be promptly processed, Fence Hub will require, in writing, identification of the infringed-upon copyrighted work, where such work is found within Fence Hub, and a signed statement indicating that you are the copyright owner or are authorized to act on their behalf and that you have a good faith belief that the use of the work is not authorized by the copyright owner.
8. Disclaimers and Releases
a. FENCE HUB IS PROVIDED ‘AS-IS,’ AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, AVAILABILITY, SATISFACTORY QUALITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY USE OF TRADE, COURSE OF PERFORMANCE, OR COURSE OF DEALING, ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMED.
b. FENCE HUB MAY CONTAIN ERRORS, MISTAKES, OMISSIONS, INACCURACIES, AND OTHER ISSUES, AND FENCE HUB LLC MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE THAT YOUR USE OF FENCE HUB WILL BE UNINTERRUPTED OR UNAFFECTED BY ANY SUCH ISSUES, ERRORS OR OMISSIONS.
c. YOU AGREE TO BEAR ALL RISK RELATED TO YOUR USE OF FENCE HUB, AND YOU HEREBY RELEASE FENCE HUB, FENCE HUB LLC, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, MEMBERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY, THE “FENCE HUB AFFILIATES”), FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND/OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY CONNECTED WITH YOUR USE OF FENCE HUB, YOUR USE OF OR ANY TRANSACTIONS WITH FENCE HUB CUSTOMERS OR SERVICE PROFESSIONALS, OR ANY THIRD PARTIES.
d. IN NO EVENT WILL FENCE HUB OR FENCE HUB AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF FENCE HUB OR YOUR USE OF OR ANY TRANSACTIONS WITH FENCE HUB CUSTOMERS OR SERVICE PROFESSIONALS OR ANY THIRD PARTIES. SUCH LIMITATION OF LIABILITY WILL APPLY TO ALL CLAIMS, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL THE LIABILITY OF FENCE HUB LLC OR THE FENCE HUB AFFILIATES ARISING OUT OF OR IN CONNECTION WITH FENCE HUB SERVICES OR TERMS OF SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO FENCE HUB FOR SERVICES IN THE TWELVE-MONTH PERIOD LEADING UP TO THE TIME OF THE ALLEGED CLAIM, OR TEN DOLLARS, IF YOU HAVE NOT PAID ANY MONIES TO FENCE HUB LLC IN THE PRECEDING TWELVE-MONTH PERIOD. ALL CLAIMS RELATING TO THESE TERMS OF SERVICES MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE THE CAUSE OF ACTION AROSE. ALL CLAIMS BROUGHT OUTSIDE OF SUCH PERIOD ARE VOID.
e. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FENCE HUB LLC AND THE FENCE HUB AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF FENCE HUB, IN CONNECTION WITH THE FENCE HUB WEB SITE OR ANY FENCE HUB APP, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
f. ALL DISPUTE RESOLUTION PROCEEDINGS RELATED TO FENCE HUB OR THESE TERMS OF SERVICES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS OF FENCE HUB AND CONTINUED USE OF FENCE HUB INDICATES YOUR EXPLICIT CONSENT TO THIS WAIVER.
9. General Provisions
a. These Terms of Service are the entire agreement between you and Fence Hub LLC relating to the subject matter of these Terms of Service, and supersede any and all prior or contemporaneous written or oral agreements.
b. Fence Hub LLC reserves the right to terminate these Terms of Service or your license to use Fence Hub, in whole or in part, at any time for any reason, or to block or prevent your access to Fence Hub.
c. If any term or provision of these Terms of Service is found to be invalid or unenforceable, the remainder of the Terms of Service will not be affected, and each provision of them will be valid and enforced to the fullest extent permitted by law.
d. The headings and titles to the articles and sections of these Terms of Service are for convenience only and have no effect on the interpretation of any part of the Terms of Service.
e. The failure of Fence Hub to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision, or of any other right or provision.
f. You may not transfer any of your rights or obligations under these Terms of Service without the consent of Fence Hub LLC, which consent may be withheld at the sole discretion of Fence Hub LLC. Fence Hub LLC may assign its rights and obligations without notice to you and without your consent.
g. These Terms of Service are governed by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely in the State of Washington and between Washington residents. You agree to submit to jurisdiction in Washington and that any claim arising out of or related to these Terms of Service will be brought solely in a court in King County, Washington.