Thank you for visiting the Duncan’s Services company website and for considering our fence and gate solutions for your next project.
These terms and conditions govern your use of our website, including all content, services, and products available at or through the website (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions, please do not use our website.
Description of Services
We are a fully licensed and insured fence and automatic gate solutions company which provides services including but not limited to consultation, design, installation, maintenance, and repair. The specific details of our services may vary depending on your location and other factors.
Use of Site
You may use the Site only for lawful purposes and in accordance with these terms and conditions. You agree not to use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
To impersonate or attempt to impersonate our company, our employees, another user, or any other person or entity
To upload, transmit, or distribute any material that is defamatory, obscene, or otherwise objectionable
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm our company or users of the Site or expose them to liability
We reserve the right to terminate or restrict your access to the Site, or to delete any content posted by you, at any time and for any reason, without notice.
Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by our company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
You may store files that are automatically cached by your Web browser for display enhancement purposes
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use
If we provide social media features with certain content, you may take such actions as are enabled by such features.
Disclaimer of Warranties
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Site.
Limitation of Liability
In no event shall our company, its affiliates, licensors, service providers, or any of their directors, officers, employees, agents, partners, suppliers, or content providers, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
In no event shall our company's total liability to you for all damages, losses, and causes of action arising out of or relating to these terms and conditions or your use of the Site, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you, if any, for accessing the Site.
Indemnification
You agree to defend, indemnify, and hold harmless our company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms and conditions or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these terms and conditions.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the great state of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions or your use of the Site shall be filed only in the state or federal courts located in the state in which our company is based and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Modification and Termination
We reserve the right, in our sole discretion, to modify or replace these terms and conditions at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms and conditions.
Miscellaneous
These terms and conditions constitute the entire agreement between you and our company regarding your use of the Site, and supersede all prior agreements and understandings, whether written or oral.
Our failure to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
If any provision of these terms and conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced.
Contact Information
If you have any questions or comments about these terms and conditions, please contact us using any of the contact forms located on our website, including in the lower righthand corner, or email us now. We will do our best to address your concerns and resolve any issues.