Effective Date: June 30, 2026
1. BINDING EFFECT. This is a binding legal agreement between you and Konopka Services, Inc. d.b.a. Budget Fence and Gate Systems (“Company,” “we,” “us,” or “our”). By accessing or using the website located at https://www.budgetfenceandgate.com (the “Site”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, you must immediately cease all use of the Site.
Certain features on the Site (such as design tools, customer portals, payments, or other interactive services) may be powered by third-party platforms. Use of those features may also be subject to the terms of service of the respective platform provider, which are incorporated by reference where applicable.
2. PRIVACY POLICY. We respect your privacy. Our Privacy Policy explains how we collect, use, and disclose your information, including any sharing with service providers or platform processors that assist in operating the Site and related services. The Privacy Policy is incorporated into these Terms by reference. Please review it [insert Privacy Policy link here].
3. GOVERNING LAW. These Terms shall be governed by and construed in accordance with the laws of the State of Florida and applicable United States federal law, without regard to conflict of laws principles. The Site is intended for users located in the United States.
4. ELIGIBILITY. You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Site. By using the Site, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.
5. COMMUNICATIONS AND CONSENT.
Email Communications. By contacting us or providing your email address, you consent to receive emails from us, which may include administrative, transactional, and commercial (marketing) messages. You may opt out of commercial emails at any time by following the unsubscribe instructions.
SMS/Text Messaging. We (or our service providers on our behalf) may send SMS/text messages for order updates, promotions, product information, and other purposes.
By providing your mobile phone number and opting in, you expressly consent to receive recurring automated promotional and/or transactional text messages from Budget Fence & Gate (or via our authorized service providers) at the phone number you provide. This may include messages sent using an automatic telephone dialing system. Consent to receive these messages is not a condition of purchase.
Message and data rates may apply. Message frequency may vary. Reply HELP for help or STOP to unsubscribe at any time. You may also contact us by other means to opt out. We honor opt-out requests promptly.
You represent that you are the owner or authorized user of the mobile number you provide. We are not responsible for carrier fees or charges you may incur.
6. EBOOK AND OTHER SIGN-UPS. Signing up for offers such as our free eBook is optional. By doing so, you agree to receive further commercial communications via email and/or SMS consistent with the section above.
7. USE OF SOFTWARE AND PLATFORM FEATURES.
Company may make certain software or tools available directly from the Site. Any such software that is owned or controlled by Company is licensed (not sold) to you by the Company for your personal, non-commercial use only. Company retains all title, rights, and intellectual property in that Company-owned Software. You may not copy, modify, distribute, reverse engineer, or decompile it except as expressly permitted by law.
This section does not apply to any third-party platform software, design tools, portals, or services accessible through the Site (collectively, “Platform Features”). Use of Platform Features is subject to the separate terms of the applicable third-party provider, which govern ownership, licensing, and intellectual property rights for those components.
8. USER CONTENT. By submitting, posting, or transmitting any content, reviews, photos, comments, designs, or other materials (“User Content”) to the Site or through any Platform Features, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such User Content in connection with our business and the operation of the Site.
You also acknowledge that your User Content may be subject to licenses granted under any applicable third-party platform terms. You represent that you own or have the necessary rights to submit User Content and that it does not violate any third-party rights. We may (but are not obligated to) publish your name in connection with your User Content. We reserve the right to remove any User Content at our discretion.
9. INTELLECTUAL PROPERTY COMPLIANCE. You agree to respect all intellectual property rights. You shall not upload, post, or transmit any Content that infringes copyrights, trademarks, or other proprietary rights of any third party. You are solely responsible for any violations. We handle Digital Millennium Copyright Act (DMCA) notices pursuant to our DMCA Policy (see Privacy Policy).
10. INAPPROPRIATE CONTENT. You agree not to post or transmit any Content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable; that promotes illegal activity; or that solicits funds or advertises in violation of these Terms. We reserve the right to remove such Content and terminate access.
11. NO WARRANTIES. THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PLATFORM FEATURES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (IF ANY).
13. AFFILIATED AND THIRD-PARTY SITES / PLATFORM FEATURES. We are not responsible for the content, accuracy, or practices of any third-party websites or Platform Features linked from or integrated into the Site. Your use of Platform Features is governed by the respective provider’s terms and policies.
14. PROHIBITED USES. You may not: (a) attempt to gain unauthorized access to any part of the Site or Platform Features; (b) interfere with their operation; (c) use them for unsolicited commercial communications except as expressly permitted; (d) scrape or reverse engineer; or (e) violate any applicable laws.
15. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and representatives from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Site, your User Content, or your violation of these Terms.
16. COPYRIGHT. All content on the Site owned by the Company is Copyright © 2026 Konopka Services, Inc. d.b.a. Budget Fence and Gate Systems. All rights reserved. Third-party content and Platform Features retain their respective ownership.
17. NO LICENSE. Nothing on the Site grants you any license or right to use our trademarks, service marks, or logos without our prior written permission.
18. UNITED STATES USE ONLY. The Site is controlled from Florida, United States, and is intended for users in the United States.
19. AMENDMENTS. We may amend these Terms at any time. Material changes will be notified via email (if provided) and/or a prominent notice on the Site at least 15 days before the effective date. Your continued use constitutes acceptance.
20. SEVERABILITY AND WAIVER. If any provision is held unenforceable, the remaining provisions remain in full force. No waiver of any breach constitutes a waiver of any other breach unless in writing.
21. CONTACT INFORMATION. For questions about these Terms, SMS opt-outs, data practices, or other inquiries, please contact us at:
Email: mailto:info@budgetfenceandgate.com
Phone: 561-793-6404
Mailing Address: 1109 25th Street, Ste. F, West Palm Beach, FL 33407
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