These terms and conditions outline the rules and regulations for the use of Contractor Formula’s website, services, offerings, & related materials.
By accessing Custom Fence Sign’s website, services, offerings, & related materials, we assume you accept these terms and conditions in full. Do not continue to use Contractor Formula’s website & offerings if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, Terms of Service and any or all Agreements:
“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Custom Fence Signs and/or it’s licensors own the intellectual property rights for all material on Custom Fence Signs. All intellectual property rights are reserved. You may view and/or print pages from https://customfencesigns.com for your own personal use subject to restrictions set in these terms and conditions.
YOU MUST NOT:
- Republish material from Custom Fence Signs
- Sell, rent or sub-license material from Custom Fence Signs
- Reproduce, duplicate or copy material from Custom Fence Signs
- Redistribute content from Custom Fence Signs (unless content is specifically made for redistribution).
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
- (a) are subject to the preceding paragraph; and
- (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, we cannot guarantee Your success merely upon access or purchase of our Offering(s) or related material(s).
We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as WooCommerce, WordPress, WPEngine, Salient, G Suite, PayPal, or Stripe.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Offering(s). We are not liable for any inaccuracies, delays, errors or reliance on personal opinions contained in our Offering(s) or related material(s).
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or in relation to our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of our Offering(s) and related material(s).
All Sales Are Final.
Due to the nature of the services and/or products/materials provided, refunds will not be given unless otherwise specified in writing. Custom Fence Signs reserves the right to terminate services and/or product orders in which all outstanding balances are still due.
After 30 days of outstanding payment, Custom Fence Signs reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
If you have signed up for a payment plan, You hereby authorize our continued access to your financial information stored by our third-party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
Arbitration and Class Action Waiver
If a dispute arises from or relates to these Terms, you agree to first contact Custom Fence Signs to
attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the
parties agree to endeavor first to settle the dispute by mediation administered by the American
Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to
arbitration. The parties further agree that, except with respect to any claim or dispute involving
the ownership, validity or use of any of our trademarks or service marks, any unresolved dispute
arising out of or related to these Terms or to the products and services sold or distributed
through this Site, will be submitted for arbitration to the AAA. Custom Fence Signs shall have the
right in a proper case to obtain temporary restraining orders, temporary or preliminary
injunctive relief and/or declaratory relief (other than declarations with respect to the amount of
money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an
attorney or retired judge. The arbitration shall be held in Colorado Springs, Colorado and in
accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within
the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any
state arbitration law. You and Custom Fence Signs waive any rights to maintain other available
resolution processes for such disputes, such as a court action or administrative proceeding. You
and Custom Fence Signs waive any right to a jury trial for such disputes.
In reaching a decision, the arbitrator shall follow these Terms, shall be bound to apply the
applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be
conducted on an individual basis, and not as a consolidated, common, representative, group or
class. The arbitrator shall include in the arbitration award any relief the arbitrator deems proper
in terms of money damages (with interest on unpaid amounts from the date due at the
maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall
be conclusive and binding upon all parties hereto and judgment upon the award may be entered
in any court of competent jurisdiction.
Other than as may be required by law, the entire arbitration proceedings (including, but not
limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be
disclosed to anyone other than the parties to this Agreement.
Any and all claims and actions arising out of or relating to these Terms shall be commenced
within one (1) year from the occurrence of the facts giving rise to such claim or action, or such
claim or action shall be barred.
You agree that you will not file a class action against Custom Fence Signs, or participate in a class
action against Custom Fence Signs. You agree that you will not file or seek a class arbitration, or
participate in a class arbitration, against Custom Fence Signs.