TERMS OF SERVICE

Last Updated: July 22nd, 2025

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Midwest Fence ICT (“we,” “us,” or “our”), concerning your access to and use of the https://midwestfenceict.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws of the United States.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations

By using the Site, you represent and warrant that:

(1) you have the legal capacity and you agree to comply with these Terms of Service;

(2) you are not a minor in the jurisdiction in which you reside;

(3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

(4) you will not use the Site for any illegal or unauthorized purpose.

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are directly related to receiving an estimate or services from Midwest Fence ICT.

Specifically, you shall not:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Use the Site to advertise or offer to sell goods and services unrelated to fencing.

Engage in unauthorized framing of or linking to the Site.

Attempt to impersonate another user or person.

Use any information obtained from the Site in order to harass, abuse, or harm another person.

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

5. Site Management

We reserve the right, but not the obligation, to:

(1) monitor the Site for violations of these Terms of Service;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service;

(3) in our sole discretion and without limitation, refuse, restrict access to, or disable any of your contributions;

(4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

6. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime.

7. Governing Law

These Terms shall be governed by and defined following the laws of the State of Kansas. Midwest Fence ICT and yourself irrevocably consent that the courts of Sedgwick County, Kansas shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

8. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT.

9. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site or breach of these Terms of Service.

11. User Data

We will maintain certain data that you transmit to the Site for the purpose of providing estimates and services, as well as data relating to your use of the Site. Our Privacy Policy, which is incorporated into these Terms of Service, provides more detailed information on our data practices.