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Section 1.1 Agreement to Terms

These Terms of Service (“Terms,” “Agreement,” or “TOS”) constitute a legally binding agreement between you (“Customer,” “User,” “you,” or “your”) and Liberty Fence & Supply (“Liberty Fence,” “Company,” “we,” “us,” or “our”) governing your access to and use of the Liberty Fence & Supply website, including but not limited to any online fence estimation tools, measurement or pricing calculators, quote request forms, scheduling tools, contact forms, communications, content, and related features and functionality (collectively, the “Website” or “Services”).

The Website is provided to allow residential homeowners to explore fencing options, request preliminary, non-binding estimates, submit inquiries, and communicate with Liberty Fence regarding potential residential fencing projects. The Website and Services are intended solely for informational and pre-contractual purposes and do not constitute a final offer, binding quote, or agreement to perform work.

BY ACCESSING, BROWSING, OR USING THE WEBSITE, SUBMITTING INFORMATION THROUGH THE WEBSITE, OR USING ANY ONLINE ESTIMATION OR QUOTE TOOL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

If you do not agree to these Terms, you must not access or use the Website or Services.

You further acknowledge and agree that:

• Use of the Website does not create a contractor-customer relationship;

• Any estimates provided through the Website are preliminary only and subject to on-site verification;

• A binding agreement for fencing services arises only after an on-site inspection and the execution of a separate written contract signed by both parties; and

• Liberty Fence may update or modify the Website, Services, or these Terms as described herein.

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Section 1.2 Capacity and Authority

You represent, warrant, and agree that:
(a) you are at least eighteen (18) years of age;
(b) you are the property owner or have obtained all necessary authorization from the property owner to request fencing services;
(c) you have the legal authority to request estimates, site visits, and potential fencing work on the subject property;
(d) all information you provide through the Website is accurate, current, and complete to the best of your knowledge; and
(e) your use of the Website and any services requested complies with all applicable federal, state, and local laws, ordinances, zoning requirements, HOA rules, and regulations.

You acknowledge that Liberty Fence & Supply is entitled to rely on the information you provide and is not responsible for errors, delays, or additional costs resulting from inaccurate, incomplete, or unauthorized information submitted by you.

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Section 1.3 Modification of Terms

Liberty Fence & Supply reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. Any changes will become effective upon posting to the Website and will be reflected by an updated “Last Updated” date at the top of these Terms. You are responsible for reviewing these Terms periodically to stay informed of any updates. Continued access to or use of the Website or Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to any modification of these Terms, your sole remedy is to discontinue use of the Website and Services prior to the effective date of the changes.

For purposes of this Agreement, the following definitions apply:

“Customer” means any residential homeowner, property owner, or authorized representative accessing or using the Website for a private residential property.

“Estimator” means any online fence estimation, measurement, or pricing calculator made available through the Website, whether automated or assisted.

“Preliminary Estimate” means a non-binding, informational estimate generated through the Website based on Customer-provided inputs and general assumptions, and which is subject to verification, adjustment, or revision.

“Final Quote” means a written pricing proposal issued by Liberty Fence & Supply following an on-site inspection of the property and review of site-specific conditions.

“Services” means the Website, Estimator, communications, and related informational tools provided through the Website for pre-contractual purposes only. “Services” do not include fence installation, construction, or material delivery unless and until a separate written agreement is executed.

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Section 3.1 For Homeowners and Contractor Interaction

The Website is provided solely to facilitate preliminary, pre-contractual interactions between residential homeowners and Liberty Fence & Supply regarding potential residential fencing projects. Through the Website, homeowners may explore fencing styles and options, request preliminary, non-binding estimates, submit inquiries, and communicate with Liberty Fence for informational and planning purposes. The Website and Services are intended only to support early-stage evaluation and information exchange. They are not intended to constitute a final offer, binding quote, commitment to perform work, or agreement to proceed with installation. Liberty Fence reserves the right, in its sole discretion, to accept or decline any project request and to revise estimates following on-site inspection and review of site-specific conditions.

Homeowners acknowledge that decisions regarding pricing, scope, scheduling, materials, and installation methods are made only after an on-site inspection and the execution of a separate written agreement.

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Section 3.2 Liberty Fence & Supply as a Fencing and Materials Supply Company

Liberty Fence & Supply is a residential fencing installation and materials supply company that offers fencing products and installation services directly to homeowners. Liberty Fence operates as an independent business entity and is not a marketplace, broker, referral service, or intermediary for third-party contractors. All fencing installation services offered in connection with the Website are performed by Liberty Fence & Supply and, where applicable, by authorized subcontractors engaged by Liberty Fence under its direction and standards. Any such subcontractors, if used, perform work as part of Liberty Fence’s installation services and do not establish a direct contractual relationship with the homeowner unless expressly stated in a separate written agreement.

Nothing in these Terms or through use of the Website creates any agency, partnership, joint venture, employment, or franchise relationship between Liberty Fence & Supply and any Customer. A traditional contractor – customer relationship, if any, arises only upon execution of a separate written installation agreement following an on-site inspection.

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Section 3.3 No Automatic Contract Formation

Use of the Website, submission of information, receipt of a Preliminary Estimate, scheduling of a site visit, or any communications between you and Liberty Fence & Supply – whether oral, written, or electronic – do not create a binding contract, commitment to perform work, or obligation to proceed with a fencing project.

Any contractual relationship between the Customer and Liberty Fence arises only after:
(a) an on-site inspection of the property by Liberty Fence or its representatives; and
(b) execution of a separate written agreement signed by both the Customer and Liberty Fence.

Until such a written agreement is executed, Liberty Fence reserves the right to revise estimates, decline projects, or modify proposed scope, pricing, or scheduling without liability.

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Section 3.4 Homeowner Responsibilities and Acknowledgments

By using the Website and requesting information or estimates, Customers acknowledge and agree that they are solely responsible for:

(a) Providing complete, accurate, and current property information, including lot dimensions, fence layout preferences, and known site conditions;
(b) Ensuring timely and unobstructed access to the property for site inspections, measurements, and installation activities, including access to gates, yards, and fenced areas;
(c) Identifying and verifying property boundaries, easements, setbacks, and encroachments, and resolving any boundary disputes prior to installation;
(d) Locating, marking, and coordinating disclosure of underground utilities, irrigation lines, sprinkler systems, drainage systems, private electrical lines, and other concealed improvements not identified by public utility marking services;
(e) Obtaining and complying with all applicable homeowner association (HOA) approvals, architectural review requirements, covenants, and restrictions;
(f) Securing all permits or governmental approvals unless otherwise expressly agreed in writing;
(g) Removing pets, personal property, landscaping, decorations, or other obstructions from the work area prior to installation; and
(h) Disclosing any known site hazards, special conditions, or restrictions that may affect installation.

Customers further acknowledge that Liberty Fence & Supply does not provide surveying, engineering, legal, zoning, or permitting services and does not verify property lines, easements, or legal boundaries. Liberty Fence shall not be responsible for delays, additional costs, or corrective work resulting from inaccurate information, undisclosed conditions, boundary disputes, or failure to meet the responsibilities described in this Section.

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Section 3.5 No Professional or Governmental Authority

The Website, Estimator, and all information provided by Liberty Fence & Supply are for general informational and preliminary planning purposes only. Nothing on the Website constitutes professional advice, certification, or determination of any kind.

Liberty Fence & Supply does not provide surveying, engineering, architectural, legal, zoning, permitting, or governmental compliance services through the Website. Information provided through the Website must not be relied upon to:

(a) Establish or verify property boundaries, lot lines, easements, or setbacks;
(b) Determine compliance with local zoning ordinances, building codes, or municipal regulations;
(c) Satisfy permit application or inspection requirements;
(d) Resolve homeowner association (HOA) disputes or architectural approval requirements; or
(e) Serve as a substitute for professional evaluations by licensed surveyors, engineers, inspectors, or governmental authorities.

Customers acknowledge that requirements may vary by jurisdiction and that final determinations regarding compliance, permits, and approvals are made solely by applicable authorities. Liberty Fence & Supply shall have no responsibility or liability for any reliance on Website content for such purposes.

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Section 4.1 Preliminary Estimates Only

The online fence estimator provided through the Website is intended solely as a convenience tool to assist Customers with early-stage planning and general budget awareness. All estimates, measurements, pricing ranges, material quantities, and timelines generated through the Estimator are non-binding preliminary estimates only. They are not final quotes, offers, guarantees, or commitments to perform work. Preliminary Estimates are based on generalized assumptions, limited inputs, and available imagery or information and do not account for site-specific conditions, underground utilities, terrain variations, permitting requirements, or other factors that may affect final scope or pricing. Customers acknowledge and agree that any reliance on Preliminary Estimates without an on-site inspection and written agreement is at the Customer’s own risk. Final pricing, scope of work, and scheduling will be determined only after on-site evaluation and execution of a written contract.

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Section 4.2 Technical and Measurement Limitations

Customers acknowledge and understand that Preliminary Estimates generated through the Estimator are subject to inherent technical and practical limitations and may differ from actual project requirements.

These limitations include, but are not limited to:

(a) Satellite imagery that may be outdated, incomplete, distorted, or of insufficient resolution to reflect current property conditions;
(b) Obstructions such as trees, vegetation, shadows, structures, fences, or terrain features that may obscure measurements or boundaries;
(c) Changes in grade, slope, drainage, soil composition, or ground conditions that cannot be accurately assessed remotely;
(d) Underground utilities, irrigation systems, private electrical lines, drainage components, or other concealed features that are not visible through aerial imagery;
(e) Inability of the Estimator to identify legal property boundaries, easements, encroachments, or setback requirements;
(f) Variations in local building codes, zoning ordinances, HOA restrictions, and permit requirements; and
(g) Standardized assumptions regarding materials, post spacing, installation methods, and site conditions that may not apply to every property.

Customers agree that these limitations may result in differences between Preliminary Estimates and final project pricing, material quantities, scope of work, or installation timelines.

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Section 4.3 No Survey or Boundary Determination

Liberty Fence & Supply is not a licensed land surveyor and does not perform or provide boundary surveys, staking, or legal property line determinations.

Customers are solely responsible for identifying, verifying, and confirming all property boundaries, lot lines, easements, and setback requirements prior to installation. If a professional survey is required or recommended, it is the Customer’s responsibility to obtain such survey at their own expense before work begins.

Liberty Fence shall not be responsible for disputes with neighbors, homeowner associations, or governmental authorities arising from boundary placement, encroachments, or property line disagreements. Any removal, relocation, modification, or corrective work required due to inaccurate boundary information shall be at the Customer’s expense.

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Section 4.4 Assumption of Risk

By using the Website and Estimator, Customers acknowledge that Preliminary Estimates are inherently subject to variance and uncertainty due to the limitations described in this Article and elsewhere in these Terms. Customers expressly assume all risk associated with reliance on any Preliminary Estimate, including but not limited to differences between estimated and actual linear footage, materials, labor requirements, site conditions, permitting requirements, installation complexity, project timelines, or total project cost.

Customers understand and agree that final pricing, scope of work, and installation details may differ materially from any Preliminary Estimate following an on-site inspection, verification of site conditions, and compliance with applicable codes, HOA requirements, or permitting authorities.

Liberty Fence & Supply shall have no liability for claims, disputes, delays, or costs arising from reliance on Preliminary Estimates prior to execution of a written agreement.

Customers acknowledge that fencing installation involves site-specific conditions that may not be fully visible or discoverable prior to excavation, post setting, or installation. Actual project scope, pricing, materials, or timelines may change due to factors including, but not limited to:

(a) Underground or concealed conditions such as rocks, concrete, debris, tree roots, irrigation lines, private utilities, or unsuitable soil;
(b) Changes in grade, slope, drainage, or terrain that affect installation methods or material requirements;
(c) Utility conflicts, locator markings, or delays related to utility identification or clearance;
(d) Permit, inspection, zoning, or HOA requirements imposed after initial estimation;
(e) Material availability, manufacturer changes, supply chain delays, or discontinued products;
(f) Weather conditions or acts of nature affecting site access, ground conditions, or scheduling; or
(g) Customer-requested changes to design, materials, layout, height, or scope of work.

If such conditions are encountered, Liberty Fence & Supply reserves the right to propose adjustments to the scope of work, pricing, or schedule. Any material changes will be documented through a written change order or revised agreement, which must be approved by the Customer before additional work is performed.

Customers acknowledge that refusal to approve a necessary change order may result in delays, suspension of work, or termination of the project, and Customers remain responsible for payment for work completed and materials ordered up to that point.

Liberty Fence & Supply shall not be responsible for delays, cost increases, or additional work arising from conditions beyond its reasonable control or from inaccurate or incomplete information provided prior to installation.

By submitting your contact information through the Website or Estimator, you expressly consent to receive communications from Liberty Fence & Supply via telephone, email, and text message for purposes related to your inquiry, estimate, scheduling, project updates, customer service, and other fencing-related communications.

Text message communications may include appointment confirmations, scheduling notices, estimate follow-ups, project updates, and customer service responses. Message and data rates may apply depending on your mobile carrier and plan.

Liberty Fence & Supply will not send unsolicited marketing or promotional text messages unrelated to your fencing inquiry without your express consent. You may opt out of text messages at any time by replying “STOP,” after which no further text messages will be sent, except as required to confirm your opt-out.

Communications will generally be sent during reasonable business hours. Consent to receive communications is not a condition of purchasing goods or services.

Information submitted through the Website, including contact details, property information, and project-related data, is collected and used solely for purposes related to providing estimates, responding to inquiries, scheduling services, performing installations, and conducting normal business operations. All collection, use, storage, and disclosure of personal information is governed by Liberty Fence & Supply’s Privacy Policy, which is incorporated into these Terms by reference.

Liberty Fence & Supply implements reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, use, or disclosure. However, no website, electronic system, or method of data transmission is completely secure, and Liberty Fence cannot guarantee absolute security.

Customers acknowledge that certain services, communications, or functions of the Website may rely on third-party service providers (such as hosting providers, mapping services, messaging platforms, or payment processors), and that Liberty Fence is not responsible for the data practices or security controls of such third parties.

The Website, Estimator, and all Services are provided on an “AS IS” and “AS AVAILABLE” basis for informational and convenience purposes only. Liberty Fence & Supply makes no representations or warranties of any kind, whether express or implied, regarding the accuracy, completeness, reliability, or suitability of any information, estimates, measurements, pricing ranges, timelines, or content provided through the Website. Without limiting the foregoing, Liberty Fence & Supply expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Liberty Fence & Supply does not warrant that the Website will be uninterrupted, error-free, secure, or free from technical issues, nor that any defects will be corrected.

To the maximum extent permitted by applicable law, Liberty Fence & Supply shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to use of the Website, Estimator, or Services, including but not limited to loss of use, loss of data, loss of anticipated savings, delays, or reliance on Preliminary Estimates. Liberty Fence & Supply’s total cumulative liability for any claims arising solely from use of the Website, Estimator, or Services – whether in contract, tort, negligence, or otherwise – shall not exceed Fifty Dollars ($50.00).

This limitation applies only to Website-related claims and does not alter or limit rights or obligations that may arise under a separately executed written installation contract between the Customer and Liberty Fence & Supply. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this limitation may not apply to you. In such cases, Liberty Fence’s liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Liberty Fence & Supply, its owners, officers, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) Your use or misuse of the Website, Estimator, or Services;
(b) Inaccurate, incomplete, or misleading information you submit through the Website;
(c) Your violation of these Terms or applicable laws, regulations, HOA rules, or property restrictions; or
(d) Claims by third parties (including neighbors or homeowner associations) arising from boundary placement, access issues, or property information you provided.

This indemnification obligation applies only to claims arising from Website use and information provided prior to execution of a written installation agreement and does not require indemnification for Liberty Fence & Supply’s own gross negligence or willful misconduct.

You agree to use the Website and Estimator only for lawful, personal, residential purposes related to evaluating or requesting fencing services from Liberty Fence & Supply.

You agree not to:

(a) Submit false, misleading, or incomplete information regarding your identity, property, or project;
(b) Use the Website for any unlawful, fraudulent, deceptive, or abusive purpose;
(c) Interfere with or disrupt the operation, security, or functionality of the Website;
(d) Attempt to gain unauthorized access to any portion of the Website, systems, or data;
(e) Use automated tools, bots, scripts, scraping, or data-mining technologies to access or extract information from the Website;
(f) Impersonate any person or misrepresent your affiliation or authority; or
(g) Use the Website in a manner that could damage, disable, or overburden Liberty Fence & Supply’s systems.

Liberty Fence & Supply reserves the right to restrict or terminate access to the Website for violations of this Article.

The Website and Estimator are provided on an “as available” basis. Liberty Fence & Supply does not guarantee continuous, uninterrupted, or error-free access to the Website or any of its features.

The Website may be temporarily unavailable due to maintenance, updates, technical issues, third-party service outages, network failures, or circumstances beyond Liberty Fence’s reasonable control.

Liberty Fence & Supply does not guarantee that the Estimator will be available at all times or that it will function without errors or interruptions. Temporary unavailability shall not give rise to any claim for damages, pricing guarantees, or service commitments.

Liberty Fence & Supply shall not be liable for any losses, delays, inconvenience, or damages arising from Website unavailability or service interruptions.

Informal Resolution First

Before initiating any formal dispute resolution proceeding, you agree to first contact Liberty Fence & Supply at the contact information provided in these Terms to attempt to resolve the dispute informally. Both parties agree to make a good-faith effort to resolve any dispute through informal communication before proceeding further.

Binding Arbitration
If a dispute arising solely from your use of the Website or Estimator cannot be resolved informally, the dispute shall be resolved through binding arbitration on an individual basis, except where prohibited by applicable law.

Arbitration shall be conducted by a single neutral arbitrator under a nationally recognized arbitration provider’s consumer rules, and may be conducted in the county where the installation property is located or remotely, at Liberty Fence’s election.

No Class Actions
You and Liberty Fence & Supply agree that any dispute resolution proceeding shall be conducted only on an individual basis and not as a class, collective, consolidated, or representative action.

Small Claims Exception
Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court.

Scope Limitation
This Article applies only to disputes related to Website use, Estimator use, or these Terms. Disputes arising from an executed written installation agreement shall be governed by the dispute resolution provisions contained in that agreement, if any.

These Terms of Service, and any disputes arising solely from your use of the Website or Estimator, shall be governed by and construed in accordance with the laws of the state in which the fencing installation property is located, without regard to its conflict-of-law principles.

This governing law provision applies only to Website-related matters and does not alter any governing law provisions contained in a separately executed written installation agreement between the Customer and Liberty Fence & Supply.

Liberty Fence & Supply reserves the right to update, modify, or revise these Terms of Service from time to time. Any modifications will become effective upon posting to the Website and will be reflected by an updated “Last Updated” date.

Your continued access to or use of the Website or Estimator after any modification becomes effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Website and Services.

If you have any questions, concerns, or requests regarding these Terms of Service, the Website, or the online fence estimator, please contact:

Liberty Fence & Supply
Website: https://libertyfencesupply.com
Email: [email protected]

Liberty Fence & Supply will make reasonable efforts to respond to inquiries in a timely manner during normal business hours.

By accessing or using the Website, submitting information, or using the online fence estimator, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you do not agree to these Terms, you must discontinue use of the Website and Estimator immediately. Your continued use of the Website or Services constitutes ongoing acceptance of these Terms.