Last Updated May 2023
Whether you are a visitor, home services professional, or a home services recipient (visitor, home services provider, and home services recipient, collectively, “users” or “you”), by using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services. If you are a home services professional, you will be required to agree to supplementary terms governing your use of the Company platform and provision of home services services. These additional terms can be found at https://fencegnome.com/eula.
If you have any questions, please refer to the help section of the Services or contact us at email@example.com.
Company acts as a platform to allow home services professionals who comply with Company’s policies to connect with other users who may desire home services services. Company is not directly involved in any transactions between users. As a result, Company has no control over the quality of the home services services provided by the home services providers or the truth or accuracy of the information provided by users, or the ability of home services professionals to complete home services services in a timely manner, if at all.
Company cannot guarantee the true identity, age, and nationality of an user. Company encourages users to communicate directly through the tools available on the Services. You may also wish to consider independent user verification or using a third-party service that provides additional user verification. Although lawncare professionals are contractually obligated to carry adequate insurance to perform the Services, Company cannot guarantee this so you may wish to verify with each lawncare professional you engage.
You agree that Company is a platform and as such is not responsible or liable for any home services services or other content posted by you, other users, or third parties on the Services. Your use of the Services is at your own risk.
Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions. Individuals under the age of 18 must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
In addition, some services offered by Company may be subject to additional terms and conditions issued by Company or a third party; your use of those services is subject to the additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to keep your password confidential. You agree to immediately notify Company of any unauthorized use of your password or any breach of security. You also agree that Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Company without Company’s express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. Services are not available to temporarily or permanently banned users. Company reserves the right, in Company’s sole discretion, to cancel unconfirmed or inactive accounts. Company reserves the right to refuse service to anyone, for any reason, at any time.
You are solely responsible for your conduct and activities on and regarding to the Services and any and all information that you submit, post, upload, and display on the Services.
Your use of Company will not:
The Company hereby grants you a non-exclusive, non-transferable, right to use the Services, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors. You will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) create Internet "links" to the Services; (iv) reverse engineer the Services; (v) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Services.
Any fees which the Company may charge you for the Services are due immediately upon completion of your home services service and are non-refundable. regardless of any a contemporaneous or subsequent termination or cancellation of your account whether by you or by Company, any disruption to our Services, whether planned, accidental, intentional or caused by any other reason whatsoever. The fees due shall be the prevailing pricing at the time of service. If you do not cancel or reschedule a service date already scheduled at least 48 hours prior to such date, you will be charged the full amount for the canceled or rescheduled service.
Please note the pricing information published on the website may not reflect the prevailing pricing. The Company, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on your offer or contract. The Company may change the fees for our Services as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Services.
The Company alone (and its licensors, where applicable) will own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Services are trademarks of the Company or third parties, and no right or license is granted to use them.
By using the Services, you agree to be contacted by the Company for any and all purposes arising out of or relating to this Agreement and the Services hereunder, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree that the Company may contact you in any way, including informational text (SMS) messages calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from the Company at the specific number(s) You have provided to the Company, or numbers the Company can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about this Agreement and the Services. You certify, warrant and represent that the telephone numbers that You have provided to the Company are your contact numbers. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to the Company. You agree to promptly alert the Company whenever you stop using a particular telephone number. Your acknowledge that Your cellular or mobile telephone provider may charge you according to the type of plan you carry.
Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Services (“Feedback”) to be non-confidential and non-proprietary, and Company will not be liable for the disclosure or use of any Feedback. If, at Company’s request, any user sends Feedback to improve the Services, Company will also consider that Feedback to be non-confidential and non-proprietary and Company will not be liable for use or disclosure of the Feedback. Any communication by you to Company is subject to this Agreement. You hereby grant and agree to grant Company, under all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit Feedback for any purpose, commercial or otherwise, without compensation or accounting to you and without further recourse by you.
Company does not control the information provided by users. You may find some information provided by users to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with foreign nationals. By using the Services, you agree to accept these risks and that Company (and Company’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users of the Services.
Company is not responsible for the availability of outside websites or resources linked to or referenced on the Services. Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from these websites or resources. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any other websites or resources.
Company may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Company is updated on a real-time basis and is proprietary or is licensed to Company by users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose whatsoever, except to the extent expressly permitted in writing by Company. Additionally, you agree that you will not:
COMPANY, COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND COMPANY’S SUPPLIERS PROVIDE COMPANY’S THE SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY, COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND COMPANY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COMPANY WILL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT WILL COMPANY, OR COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR COMPANY’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
COMPANY’S LIABILITY, AND THE LIABILITY OF COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Company and Company’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Company does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside Company’s control.
Company is not responsible for your interactions with other users, including without limitation, any dispute arising from any damage caused to a Lawncare Recipient or their property by a Lawncare Professional. Any dispute between you and another user must be resolved between yourselves. Company reserves the right, but have no obligation, to monitor disputes between users.
For any dispute between you and the Company:
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and the Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s intellectual property rights. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section below as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if the Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject these changes by providing us written notice of your rejection by mail or hand delivery to: Fence Gnome, 814 San Jacinto Blvd Suite 202 Austin, TX 78701, or by email from the email address associated with your Account to: firstname.lastname@example.org within 30 days of the date the change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).You release Company (and Company’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
If any provision of this Agreement is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect. You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Company reserves the right to modify or terminate the Services for any reason, without notice, at any time. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of this Agreement will be governed by the exclusive jurisdiction and venue of the state and Federal courts of Travis County, Texas. Unless otherwise specified herein, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Company reserves the right to alter this Agreement and any other policies at any time, so please review the policies frequently. If Company makes a material change Company will notify you here, by email, by means of a notice on our home page, or other places Company deems appropriate. What constitutes a “material change” will be determined at Company’s sole discretion, in good faith, and using common sense and reasonable judgment.