Terms of Service & User Agreement

These Terms of Service and User Agreement (the “Terms”) form a legally binding agreement between you (“you,” “user,” “Professional,” “Homeowner,” or “Consumer”) and Fence License™ (“Fence License,” “we,” “us,” or “our”). By accessing, browsing, registering for, purchasing, displaying, verifying, or otherwise using FenceLicense.com, any related subdomain, application, credential, digital badge, profile page, verification tool, or service (collectively, the “Platform” or “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must immediately discontinue all use of the Platform. Your continued use of the Platform constitutes ongoing acceptance of these Terms and any future modifications.

• “Credential,” “Certification,” or “License” refers to any voluntary, private, non-governmental designation, badge, certificate, or title issued by Fence License. The word “License” as used in our brand name and throughout the Platform is a trade and marketing term and does not refer to, replace, or constitute any government-issued license, permit, or registration.
• “Professional” refers to any individual or business that registers for, pursues, or holds a Fence License credential.
• “Homeowner” or “Consumer” refers to any person who uses the Platform to research, verify, evaluate, or locate a credentialed Professional, or who hires or considers hiring any contractor.
• “Content” refers to all text, exams, study materials, badges, profile data, verification results, and other materials made available through the Platform.

Fence License is a private, voluntary, professional credentialing program. It is not a government agency, licensing board, regulatory authority, union, or accreditation body.

A Fence License credential is not a contractor’s license, business license, occupational license, trade license, or any other license, permit, or registration required or issued by any federal, state, provincial, county, municipal, or other governmental authority. Holding a Fence License credential does not authorize any person to perform work that requires a government license, and it does not satisfy, replace, or exempt any person from any legal, licensing, bonding, insurance, permitting, or regulatory requirement in any jurisdiction.

It is the sole and exclusive responsibility of each Professional to determine, obtain, and maintain all licenses, permits, bonds, insurance, and registrations required by law in every jurisdiction in which they operate. Fence License makes no representation that its credentials satisfy any such requirement.

A Fence License credential indicates only that, at the time of assessment, an individual completed certain educational materials and/or achieved a passing score on a voluntary examination. It is not, and must not be interpreted as, a guarantee, warranty, endorsement, or assurance of any Professional’s actual skill, competence, honesty, workmanship, reliability, safety practices, financial stability, legal compliance, or the quality, timeliness, or outcome of any work they perform.

Examination results reflect performance on a test and do not predict real-world performance. Skills, knowledge, and conduct may change over time and may vary from job to job. Fence License does not observe, supervise, inspect, or control any work performed by any Professional.

Unless expressly and specifically stated in writing for a particular program, Fence License does not conduct background checks, criminal history checks, credit checks, reference checks, license verifications with government authorities, insurance verifications, or any other vetting of any Professional. Information displayed on profile and verification pages is largely self-reported by the Professional and is not independently verified by Fence License.

The appearance of any Professional on the Platform, the display of any credential, and the results of any verification lookup do not constitute a recommendation, referral, endorsement, or vouching by Fence License. We do not choose, rank, or guarantee any Professional for you.

Fence License is not a party to, and has no involvement in, any agreement, transaction, communication, or relationship between a Homeowner/Consumer and any contractor or Professional. Any decision to contact, hire, pay, or work with any contractor is made solely by you, based on your own independent judgment and due diligence.

You acknowledge and agree that Fence License shall have no liability whatsoever arising out of or relating to any contractor or Professional, including but not limited to: the quality, safety, legality, or completion of any work; property damage; personal injury or death; theft, fraud, or misconduct; cost overruns, delays, or non-performance; breach of contract; warranty disputes; code violations; defective materials or workmanship; or any dispute of any kind between you and any contractor.

Before hiring any contractor, you are strongly encouraged to independently verify their government licensing, insurance, bonding, references, and reputation, and to use a written contract. You hire any contractor at your own risk.

You knowingly and voluntarily assume all risks associated with your use of the Platform, with reliance on any credential or verification result, and — for Homeowners and Consumers — with the selection, hiring, and supervision of any contractor. You accept full responsibility for your own decisions and their consequences.

THE PLATFORM, THE SERVICES, ALL CREDENTIALS, ALL CONTENT, AND ALL VERIFICATION RESULTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, FENCE LICENSE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the Platform will be uninterrupted, secure, error-free, or that any information (including verification data) is accurate, current, or complete.

Verification pages, profiles, credential statuses, and directory listings are provided for general informational convenience only. Data may be incomplete, outdated, incorrect, self-reported, suspended, revoked, expired, or fraudulently obtained without our knowledge. Fence License does not guarantee the accuracy, authenticity, or current validity of any credential or any information displayed, and is not liable for any reliance placed on it. Always independently confirm a Professional’s standing.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FENCE LICENSE, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE “FENCE LICENSE PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, PROPERTY, OR FOR PERSONAL INJURY OR DEATH, ARISING OUT OF OR RELATING TO THE PLATFORM, ANY CREDENTIAL, ANY VERIFICATION RESULT, OR ANY CONTRACTOR OR WORK, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE FENCE LICENSE PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO FENCE LICENSE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless the Fence License Parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or reliance on the Platform, any credential, or any verification result; (b) your violation of these Terms or any applicable law; (c) any work you perform or procure, or any contract you enter into, as a Professional or Homeowner/Consumer; (d) any dispute between you and any other user, contractor, or third party; and (e) any content or information you submit. This obligation survives termination of these Terms.

Professionals agree to provide accurate information, to not misrepresent their credentials (including never describing a Fence License credential as a government license), to comply with all applicable laws, and to maintain all legally required licenses, permits, insurance, and bonds. Fence License may suspend, revoke, or refuse any credential at its sole discretion, including for misrepresentation, misconduct, or violation of these Terms, without refund and without liability.

The Platform and all Content, including the Fence License™ name, logos, badges, exam materials, and design, are owned by or licensed to Fence License and protected by intellectual property laws. You may not copy, reproduce, resell, or create derivative works from any Content without our prior written permission. Credential holders receive a limited, revocable, non-transferable license to display their earned badge solely to represent their own valid credential.

The Platform may contain links to or integrations with third-party websites and services. Fence License does not control and is not responsible for the content, policies, or practices of any third party, and inclusion of any link does not imply endorsement.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by final and binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, except that either party may bring an individual claim in small-claims court where eligible.

You and Fence License agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You waive any right to a jury trial and any right to participate in a class action.

We may modify these Terms or the Platform at any time in our sole discretion. Changes are effective when posted with an updated “Last Updated” date. Your continued use after any change constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

If any provision of these Terms is held invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. The disclaimers, limitations of liability, and indemnification provisions survive any termination of these Terms.

Questions about these Terms may be directed to Fence License at [email protected].