Terms of Service
Last updated: April 16, 2026
Important Notice: These terms include a binding arbitration agreement and a class-action waiver. See the “Dispute Resolution” section below for details.
These Terms of Service govern all use of the Gatewood Fence & Gate website located at malibugaterepair.com. By visiting malibugaterepair.com, submitting a service request through the site, or calling a number listed on the site, a visitor accepts these terms in full. Anyone who does not agree with these terms should not use the site or submit a request.
These terms were last updated on April 16, 2026 and are effective as of that date.
Dispute Resolution
Informal Resolution First. Before starting any formal proceeding, a user agrees to contact Gatewood Fence & Gate through https://malibugaterepair.com/contact-us/ and give Gatewood Fence & Gate a reasonable opportunity - at least thirty (30) days - to resolve the issue. Most problems can be handled quickly through direct communication.
Binding Individual Arbitration. Any dispute, claim or controversy arising out of or relating to these terms or the use of malibugaterepair.com that is not resolved informally will be settled by binding arbitration, not in court. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. By agreeing to these terms, both the user and Gatewood Fence & Gate waive the right to sue each other in court and waive the right to a trial by jury, except as stated below.
Class Action Waiver. All claims must be brought on an individual basis only. Neither the user nor Gatewood Fence & Gate may bring a claim as a plaintiff or class member in any class action, collective action, or consolidated action, and neither may seek class or representative arbitration. The arbitrator has no authority to consolidate claims from multiple users or to preside over any form of class proceeding. This waiver is a material part of this agreement; if it is found unenforceable, the entire arbitration agreement is void.
Jury Waiver. To the extent any dispute proceeds in a court of competent jurisdiction as permitted herein, both the user and Gatewood Fence & Gate waive any right to a jury trial.
Small Claims and Injunctive Relief. Either party may bring an individual claim in small claims court so long as the claim qualifies and remains in that court. Either party may also seek emergency injunctive relief from a court of competent jurisdiction to prevent misuse of malibugaterepair.com or infringement of intellectual property rights, without waiving the right to arbitrate all other claims.
30-Day Opt-Out. A user may opt out of this arbitration agreement by sending written notice to Gatewood Fence & Gate through https://malibugaterepair.com/contact-us/ within thirty (30) days of first accepting these terms. The notice must include the user's name and a clear statement that the user opts out of arbitration. Opting out does not affect any other part of these terms.
Acceptable Use
Use of malibugaterepair.com is permitted only for its intended purpose: submitting genuine service requests for home services. The following conduct is prohibited:
- Scraping, crawling, or using any automated tool or script to extract content or data from malibugaterepair.com;
- Harvesting contact information or any other data from the site by automated or manual means for any purpose other than submitting a personal service request;
- Submitting false, fictitious, or fraudulent service requests;
- Submitting a phone number or contact information belonging to another person without that person's express permission;
- Using the site in any way that violates applicable federal, state, or local law;
- Attempting to interfere with, disrupt, or overload the site or its infrastructure.
Gatewood Fence & Gate reserves the right to refuse service, block access, or take any other appropriate action against users who violate these rules.
Indemnification
Each user agrees to indemnify, defend, and hold harmless Gatewood Fence & Gate, its owners, officers, employees, and affiliates, as well as each independent business in its referral network, from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and reasonable attorneys' fees arising out of or related to:
- The user's use of malibugaterepair.com;
- Any information the user submits through the site, including the accuracy of that information and the user's authority to provide the phone number and contact details given;
- The user's breach of these terms or violation of any applicable law or regulation; and
- Any dealings, transactions, or disputes between the user and any business to which the user was referred.
This indemnification obligation survives the termination or expiration of the user's use of malibugaterepair.com and these terms.
Operating Model and Service Referrals
Gatewood Fence & Gate operates malibugaterepair.com as an advertising and lead-referral service for home services in Malibu, CA and surrounding areas. Gatewood Fence & Gate advertises home services, receives service requests submitted through the site and by phone, and passes those requests to independent third-party businesses and service providers operating in the visitor's area.
Every estimate, repair, installation, service call, and related task is performed by those independent businesses. Gatewood Fence & Gate does not perform home-service work of any kind. It does not employ the tradespeople, technicians, or contractors who carry out the work, and it does not direct, supervise, or control how any job is performed.
Scheduling, pricing, materials selection, and the scope of any particular job are determined solely by the independent business that accepts the request. Availability of a business for any given request is not guaranteed. Submitting a request through malibugaterepair.com does not guarantee that a business will be available, will contact the user, or will complete the requested work.
Changes to These Terms
Gatewood Fence & Gate may revise these Terms of Service at any time. When a revision is made, the “Last Updated” date at the top of the page will be changed to reflect the new effective date. Continued use of malibugaterepair.com or submission of a service request after a revision constitutes acceptance of the updated terms. Users who do not agree with a revised version should stop using the site.
Limitation of Liability
malibugaterepair.com and the referral service are provided “as is” and “as available” without any warranty of any kind, express or implied. Gatewood Fence & Gate does not warrant that an independent business will be available, will respond to a request, or will produce any particular result.
To the fullest extent permitted by applicable law, Gatewood Fence & Gate is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, loss of data, or property damage of any kind, even if Gatewood Fence & Gate has been advised of the possibility of such damages.
Gatewood Fence & Gate's total cumulative liability to any user for any claim arising out of or relating to malibugaterepair.com or the referral service - regardless of the theory of liability - is capped at one hundred dollars ($100.00), or the amount the user actually paid Gatewood Fence & Gate directly, whichever is greater. Because Gatewood Fence & Gate does not collect payment for home-service work, that amount is ordinarily nothing, meaning the cap will in most cases be one hundred dollars ($100.00).
This limitation applies solely to Gatewood Fence & Gate's own conduct in operating malibugaterepair.com and its referral service. Responsibility for the quality, safety, and outcome of any work performed rests entirely with the independent business that performed it, and nothing in this section limits or caps the liability of those businesses for their own acts or omissions.
Independent Businesses - Disclaimer of Liability
Every business that receives and fulfills a referral through malibugaterepair.com is an independent contractor. Those businesses are not employees, agents, representatives, joint venturers, or legal partners of Gatewood Fence & Gate. Gatewood Fence & Gate does not control, supervise, or direct them in the performance of their work.
Gatewood Fence & Gate is not responsible or liable for:
- The workmanship, quality, safety, or timeliness of any work those businesses perform;
- The pricing, estimates, or charges those businesses quote or bill;
- Their licensing, bonding, insurance status, or compliance with applicable law;
- The conduct of their employees or subcontractors; or
- Any act, omission, negligence, property damage, personal injury, or other loss caused by them.
The service agreement or contract for any work is formed directly between the customer and the independent business that accepts the job. Gatewood Fence & Gate is not a party to that contract and has no obligations under it.
A referral through malibugaterepair.com is not an endorsement, certification, or guarantee of any business, its work, or its qualifications. Customers are responsible for confirming that any business they hire holds appropriate licenses and insurance and for reading and understanding any written contract before authorizing work to begin. Any dispute concerning the work itself is a matter between the customer and that business.
Governing Law and Venue
These terms are governed by the laws of the State of CA, without regard to its conflict-of-law rules or principles. Subject to the arbitration agreement set out above, any court proceeding that is permitted under these terms must be brought exclusively in the state or federal courts located in CA, and each party consents to personal jurisdiction in those courts.
Pricing and Estimates
Any price, cost range, or estimate shown on malibugaterepair.com is provided for general informational purposes only and reflects an example or a starting range - it is not a firm quote. The independent business that responds to a service request sets the final price after evaluating the specific job, site conditions, materials, and scope of work.
Gatewood Fence & Gate does not collect payment for home-service work, does not set the prices charged by independent businesses, and does not guarantee any price, discount, or promotional offer that a business may advertise or extend. Customers should obtain a written estimate from the performing business and confirm all pricing before authorizing any work.
Warranty Disclaimer and Coordination Remedy
Because Gatewood Fence & Gate performs no home-service work of any kind, it gives no warranty or guarantee - express or implied - on workmanship, parts, or materials relating to any job. Any warranty on the work itself is provided solely by the independent business that performed it, on that business's own terms. Any warranty on parts or materials is provided by the manufacturer on the manufacturer's terms. Customers should ask the performing business for its warranty terms in writing before work begins.
If a customer is not satisfied with the work, Gatewood Fence & Gate's only role is to act as a go-between: upon request, Gatewood Fence & Gate will contact the business that performed the job and attempt to arrange a follow-up visit. This is a courtesy coordination effort only. It is not a guarantee of any particular outcome, and it does not create any obligation on Gatewood Fence & Gate's part to ensure the issue is corrected. Gatewood Fence & Gate will never perform, redo, or repair the work itself.
This coordination effort does not entitle a customer to a refund of amounts paid to the performing business, nor does it imply that Gatewood Fence & Gate stands behind the quality of that business's work.
Contact
Questions or concerns about these Terms of Service should be directed to Gatewood Fence & Gate through the contact page at https://malibugaterepair.com/contact-us/.