PRIVACY POLICY & TERMS AND CONDITIONS

Empire Fencing LLC
Last Updated: September 17, 2026

This Privacy Policy and Terms and Conditions explains how Empire Fencing LLC (“Empire Fencing,” “we,” “us,” or “our”) collects, uses, protects, and handles information provided through our website, chat services, telephone communications, text messaging, estimate requests, and other interactions with our business.

By using our website or voluntarily providing information to Empire Fencing LLC, you acknowledge this Privacy Policy and the applicable Terms and Conditions below.

PRIVACY POLICY

1. Information We Collect

We may collect information that you voluntarily provide to us, including:

• Name

• Email address

• Telephone or mobile number

• Property or project information

• Fence type, dimensions, measurements, and specifications

• Photographs or videos provided for estimate or project purposes

• Property address or project location

• Appointment and scheduling information

• Communications with Empire Fencing LLC

• Information submitted through our website or chat widget

• Payment and transaction-related information when applicable

We may also collect certain technical information automatically when you use our website, such as browser type, device information, pages visited, and general website usage information.

2. How We Use Information

Information may be used to:

• Respond to inquiries.

• Prepare or assist with estimates.

• Communicate about products or services.

• Schedule or confirm appointments.

• Provide order, delivery, project, or service updates.

• Provide customer support.

• Process authorized transactions.

• Maintain appropriate business and transaction records.

• Operate and improve our website and customer experience.

• Protect against fraud, abuse, or unauthorized activity.

• Comply with applicable legal and regulatory requirements.

• Send SMS communications when the recipient has provided the applicable consent.

3. SMS/Text Messaging

Empire Fencing LLC may offer SMS/text messaging communications.

When you voluntarily provide your mobile number and provide the applicable consent, you may receive messages consistent with the type of consent you selected.

Informational or non-marketing messages may include estimate communications, responses to inquiries, appointment confirmations and reminders, scheduling communications, customer-service communications, and order, delivery, project, or service updates.

Where you separately consent to marketing/promotional SMS communications, messages may include promotions, special offers, discounts, product information, and service updates.

Marketing and informational SMS consent are treated separately where applicable.

Message frequency may vary. Message and data rates may apply.

Reply STOP to opt out of applicable SMS communications. Reply HELP for assistance.

Consent to receive marketing SMS messages is not a condition of purchasing goods or services.

4. Mobile Information and SMS Consent

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

5. Information Sharing and Service Providers

We may use service providers that assist Empire Fencing LLC with legitimate business functions such as website hosting, customer communications, scheduling, payment processing, customer support, analytics, and business administration.

Information may also be disclosed when reasonably necessary to comply with applicable law, legal process, governmental requests, protect our legal rights, protect customers or others, or investigate suspected fraud or misuse.

SMS opt-in data and consent will be handled according to the Mobile Information and SMS Consent section above.

6. Data Security

We use reasonable administrative, technical, and organizational measures designed to protect personal information under our control.

However, no internet transmission, electronic communication, or electronic storage system can be guaranteed to be completely secure. Accordingly, we cannot guarantee absolute security.

7. Data Retention

We may retain information for as long as reasonably necessary for the purposes for which it was collected, to maintain business and transaction records, resolve disputes, enforce agreements, and satisfy applicable legal or regulatory obligations.

8. Your Choices

You may contact Empire Fencing LLC regarding your personal information or communication preferences.

SMS recipients may reply STOP to opt out of applicable SMS communications.

Recipients may reply HELP for assistance.

9. Third-Party Services and Links

Our website may use or contain links to services operated by third parties.

Empire Fencing LLC does not control the privacy, security, content, or practices of independently operated third-party websites or services. Use of those services may be governed by their own policies and terms.

10. Children's Privacy

Our website and services are intended for persons capable of requesting or purchasing our products or services and are not directed toward children.

We do not knowingly solicit personal information from children through our website.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time.

Any updated version may be posted on this page with a revised “Last Updated” date. Continued use of our website after an update is subject to the then-current policy.

TERMS AND CONDITIONS

1. General Website Terms

These Terms and Conditions govern use of the Empire Fencing LLC website and our website-based communications.

Website information is provided for general informational and customer-service purposes.

Nothing displayed on the website, including descriptions, examples, photographs, measurements, pricing information, or preliminary estimates, creates a binding construction, installation, materials, or service agreement unless Empire Fencing LLC separately enters into an applicable written agreement with the customer.

2. Estimates and Project Information

Any preliminary or rough estimate provided through our website, chat system, telephone, email, SMS, photographs, customer-provided measurements, satellite imagery, mapping tools, or other remote methods is an estimate only.

Actual requirements and pricing may change based on factors including, but not limited to:

• Verified measurements

• Site conditions

• Terrain

• Fence height and configuration

• Material selection and availability

• Gate requirements

• Existing fence removal

• Access conditions

• Property conditions

• Customer-requested changes

• Shipping or delivery requirements

• Other project-specific conditions

A rough or preliminary estimate does not constitute a final contract or guarantee of final pricing.

3. Customer-Provided Information

Customers are responsible for providing reasonably accurate information when requesting estimates or services.

Measurements produced by customer-operated mapping or measurement tools are approximate and should not be treated as a professional property survey or determination of legal property boundaries.

Customers remain responsible for identifying or obtaining appropriate information regarding property boundaries, easements, restrictions, association requirements, and other property-specific requirements when applicable.

4. Separate Agreements

Certain purchases, materials, installations, repairs, cleaning services, deliveries, or other work may be governed by a separate written proposal, invoice, contract, material agreement, or service agreement.

When a separate written agreement applies to a particular transaction, the terms of that agreement control that transaction to the extent of any direct conflict with these general website Terms and Conditions.

5. Payments, Deposits, Cancellations and Refunds

Payment requirements, deposits, payment schedules, cancellations, material orders, custom materials, refunds, and other transaction-specific terms will be governed by the applicable estimate, invoice, contract, material agreement, or service agreement provided for that transaction.

Customers should review the applicable agreement before authorizing payment or ordering materials.

6. Availability

Products, materials, colors, services, scheduling, and delivery availability may change.

Website information does not guarantee that any particular product, material, color, service, installation date, delivery date, or appointment will be available.

7. SMS Messaging Terms

By voluntarily opting in to SMS communications from Empire Fencing LLC, you agree to receive the category of messages covered by the consent you provided.

Informational/non-marketing communications may include estimate communications, responses to inquiries, scheduling messages, appointment reminders, customer-service communications, and order, delivery, project, or service updates.

If you separately opt in to marketing/promotional SMS communications, you may receive promotions, special offers, discounts, product information, and service updates.

Message frequency varies.

Message and data rates may apply.

Consent to receive marketing SMS communications is not a condition of purchasing goods or services.

8. SMS Opt-Out

You may opt out of applicable SMS communications at any time by replying:

STOP

After an opt-out request is processed, you may receive a confirmation message. You will no longer receive messages covered by that opt-in unless you subsequently provide consent again.

9. SMS Help and Support

For assistance, reply:

HELP

You may also contact:

Empire Fencing LLC
Phone: (808) 204-8562

10. SMS Delivery

Wireless carriers are not liable for delayed or undelivered messages.

Delivery of electronic communications may be affected by circumstances outside Empire Fencing LLC's control, including carrier networks, device settings, connectivity, filtering, or third-party service interruptions.

11. Privacy and SMS Data

Your participation in our SMS program is governed by the Privacy Policy above, including the section titled Mobile Information and SMS Consent.

12. Intellectual Property

Unless otherwise stated, Empire Fencing LLC's original website content, branding, logos, graphics, photographs, written materials, and other proprietary content are owned by or licensed to Empire Fencing LLC.

Such content may not be reproduced, distributed, modified, republished, or commercially exploited without permission, except as permitted by applicable law.

13. Website Accuracy

Empire Fencing LLC attempts to provide useful and accurate website information. However, website information may occasionally contain errors, omissions, outdated information, or technical inaccuracies.

We reserve the right to correct or update website information when appropriate.

14. Website Availability

We do not guarantee uninterrupted or error-free access to our website, chat system, measurement tools, SMS systems, or other electronic services.

We may modify, suspend, or discontinue website functionality when reasonably necessary.

15. Third-Party Services

Empire Fencing LLC may use third-party technology and service providers to operate portions of our website and communications systems.

To the extent permitted by applicable law, Empire Fencing LLC is not responsible for independent third-party websites, platforms, services, outages, or acts outside our reasonable control.

16. Disclaimer

To the extent permitted by applicable law, website content and website-based tools are provided on an “as available” basis for general informational and customer-service purposes.

Online measurements, preliminary estimates, photographs, illustrations, and similar website information should not be relied upon as property surveys, engineering determinations, legal boundary determinations, or guarantees of final project requirements.

Nothing in these Terms excludes any warranty, right, remedy, or obligation that cannot legally be excluded under applicable law.

17. Limitation of Liability

To the maximum extent permitted by applicable law, Empire Fencing LLC will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from use of, or inability to use, the website or website-based tools.

This provision does not exclude or limit liability that cannot legally be excluded or limited under applicable law and does not replace or modify liability provisions contained in a separately executed customer agreement.

18. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold Empire Fencing LLC harmless from third-party claims, damages, or reasonable expenses arising from your unlawful misuse of our website, violation of these Terms, or infringement of another person's rights through content or information you submit.

This provision does not require indemnification for liability that cannot lawfully be shifted to you.

19. Governing Law

These website Terms and Conditions are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-law principles, except where applicable law requires otherwise.

20. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

21. Changes to These Terms

Empire Fencing LLC may update these website Terms and Conditions periodically.

Updates will be posted on this page with a revised “Last Updated” date.

22. Contact

Questions concerning this Privacy Policy, these Terms and Conditions, or our SMS communications may be directed to:

Empire Fencing LLC
Phone: (808) 204-8562

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