1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) are entered into by and between Big Island Fence & Gate, a locally owned and operated fencing and gate installation business (“Company,” “we,” “us,” or “our”), and you (“Customer,” “you,” or “your”). By accessing and using our website, submitting project inquiries, requesting quotes, or engaging our services, you agree to be bound by these Terms. If you do not agree to comply with all of these Terms, you are prohibited from using or accessing our website and services.

2. USE LICENSE

Permission is granted to temporarily download one copy of the materials (information or software) on Big Island Fence & Gate’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials
• Use the materials for any commercial purpose or for any public display
• Attempt to decompile or reverse engineer any software contained on the website
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or “mirror” the materials on any other server
• Use the materials or website in any way that violates any applicable law or regulation

3. DISCLAIMER OF WARRANTIES

The materials on Big Island Fence & Gate’s website are provided “as is.” Big Island Fence & Gate makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Big Island Fence & Gate does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. LIMITATIONS OF LIABILITY

In no event shall Big Island Fence & Gate or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Big Island Fence & Gate’s website, even if Big Island Fence & Gate or an authorized representative has been notified orally or in writing of the possibility of such damage.

5. ACCURACY OF MATERIALS

The materials appearing on Big Island Fence & Gate’s website could include technical, typographical, or photographic errors. Big Island Fence & Gate does not warrant that any of the materials on its website are accurate, complete, or current. Big Island Fence & Gate may make changes to the materials contained on its website at any time without notice.

6. MATERIALS AND CONTENT

Big Island Fence & Gate does not review all materials posted to our website and is not responsible for their content. However, Big Island Fence & Gate reserves the right to delete or remove any content posted to the website that it deems inappropriate, offensive, or in violation of these Terms. By posting content on our website, you grant Big Island Fence & Gate a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such content.

7. SERVICE INQUIRIES AND QUOTES

All inquiries submitted through our website are subject to verification and confirmation. Quotes provided by Big Island Fence & Gate are estimates based on information available at the time of consultation and are valid for 30 days from the date of issue unless otherwise specified. Quotes may be adjusted based on final site assessment, unforeseen site conditions, permit requirements, or changes requested by the customer.

8. PROJECT TIMELINES

Installation timelines provided by Big Island Fence & Gate are estimates based on typical project conditions. Actual timelines may vary due to weather conditions, permit delays, site accessibility, unforeseen complications, or changes requested by the customer. Big Island Fence & Gate will maintain clear communication regarding any changes to project schedules.

9. PERMITS AND COMPLIANCE

While Big Island Fence & Gate handles permit applications and ensures compliance with local building codes, the customer remains responsible for the accuracy of information provided regarding property boundaries, ownership, and zoning restrictions. The customer is responsible for obtaining any required homeowner association approvals before project commencement. Any delays in permitting are beyond Big Island Fence & Gate’s control, and project timelines may be adjusted accordingly.

10. PAYMENT TERMS

Payment terms will be specified in the project contract or proposal. Big Island Fence & Gate reserves the right to adjust pricing if project scope changes or unforeseen site conditions require additional work. A deposit may be required to schedule and reserve project dates. Final payment is due upon project completion unless alternative arrangements have been made in writing.

11. WARRANTY DISCLAIMER FOR SERVICES

Big Island Fence & Gate provides warranties on materials and workmanship as specified in individual project contracts and applicable manufacturer warranties. Warranty coverage does not extend to damage caused by: (a) improper maintenance or care, (b) natural disasters or acts of God, (c) unauthorized modifications or repairs, (d) accidents or misuse, or (e) failure to follow maintenance instructions provided.

12. LIABILITY LIMITATIONS

Big Island Fence & Gate’s total liability for any claim arising out of or related to these Terms, our website, or our services shall not exceed the total amount paid by the customer for the specific project in question. In no event shall Big Island Fence & Gate be liable for indirect, incidental, special, consequential, or punitive damages.

13. INDEMNIFICATION

You agree to indemnify and hold harmless Big Island Fence & Gate, its officers, directors, employees, agents, and successors from any and all claims, damages, losses, costs, and expenses (including legal fees) arising from: (a) your use of our website or services, (b) your violation of these Terms, (c) your violation of applicable law, or (d) any content you provide or post.

14. THIRD-PARTY LINKS

Big Island Fence & Gate’s website may contain links to third-party websites. Big Island Fence & Gate is not responsible for the accuracy, completeness, or legality of materials contained on these linked websites. Your use of third-party websites is at your own risk and subject to their terms of use.

15. SITE SAFETY AND PROPERTY ACCESS

Customers are responsible for ensuring that Big Island Fence & Gate personnel have safe and appropriate access to the project site. Customers must disclose any hazards, underground utilities, or property restrictions that could affect project completion. Big Island Fence & Gate will take reasonable precautions to protect property and landscaping during installation, but customers are responsible for marking underground utility lines and identifying any fragile landscaping.

16. CHANGES AND TERMINATION

Big Island Fence & Gate reserves the right to modify these Terms at any time. Changes become effective immediately upon posting to the website. Continued use of the website following notification of changes constitutes acceptance of the modified Terms.

Big Island Fence & Gate reserves the right to refuse or terminate service to any customer who violates these Terms or engages in conduct deemed inappropriate.

17. GOVERNING LAW

These Terms and all related matters are governed by the laws of the State of Hawaii, without regard to its conflict of law provisions. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Hawaii County, and you hereby consent to the jurisdiction and venue of such courts.

18. DISPUTE RESOLUTION

Before initiating legal action, the parties agree to attempt resolution through good-faith negotiation. If negotiation fails, either party may pursue legal remedies as permitted by law.

19. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. ENTIRE AGREEMENT

These Terms, together with any project contracts or proposals, constitute the entire agreement between you and Big Island Fence & Gate regarding your use of our website and services.