Last updated: 4/20/22
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) careful before using the website, https://www.roarkfencing.com, (AKA the “Service”) operated by Roark Fencing (“us”, “we”, or “our”).
Your access to and use of the website is conditioned upon your acceptance of and compliance with these terms. These terms apply to all visitors, users, and others who wish to access or use the website.
By accessing or using the website, you agree to be bound by these terms. If you disagree with any part of the terms, you do not have permission to access the website.
Links To Other Websites
Our website may contain links to third-party websites or services that are not owned or controlled by Roark Fencing.
Roark Fencing has no control over and assumes no responsibility for any third-party websites or services’ content, privacy policies, or practices. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Roark Fencing shall 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 such content, goods, or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your access to the website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the terms.
All provisions of the terms that should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify and hold harmless Roark Fencing and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these terms.
Limitation of Liability
In no event shall Roark Fencing, nor its directors, employees, partners, agents, suppliers, or affiliates, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the website is at your sole risk. The website is provided on an “AS IS” and “AS AVAILABLE” basis. The website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Roark Fencing its subsidiaries, affiliates, and licensors do not warrant that
a) the webiste will function uninterrupted, secure, or available at any particular time or location;
b) any errors or defects will be corrected;
c) the website is free of viruses or other harmful components; or
d) the results of using the website will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These terms shall be governed and construed per the laws of Kentucky, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement regarding our website and supersede and replace any prior agreements we might have had regarding the website.
We reserve the right, at our sole discretion, to modify or replace these terms 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.
By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the website.
If you have any questions about these terms, please contact us.