TERMS AND CONDITIONS OF SALE

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS THE SOLE TERMS AND CONDITIONS OF SALE THAT APPLY TO THE PURCHASE OF PRODUCTS FROM THE CHUTE DOCTOR ("THE COMPANY"). ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN CUSTOMER'S PURCHASE ORDER OR SIMILAR COMMUNICATION ARE OBJECTED TO AND SHALL NOT BE BINDING ON THE COMPANY UNLESS A SEPARATE AGREEMENT HAS BEEN SIGNED BY AN AUTHORIZED OFFICER OF THE COMPANY. BY PLACING AN ORDER FOR PRODUCTS FROM THE COMPANY, OR BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED ON THE APPLICABLE PACKING SLIP, BILL OF LADING AND/OR INVOICE RECEIVED WITH THE PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS OF SALE.

AVAILABILITY AND PRICING:

Product listings, specifications, availability, and pricing are subject to change without notice. Orders are not binding upon The Company until accepted by an authorized representative. Prices listed and charges discussed herein are in U.S. dollars. Some products may not be available for shipment outside the United States. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion. The Company may also change or modify these Terms and Conditions of Sale from time to time without notice.

Written proposals or quotes are firm for no more than 30 days, unless otherwise provided in writing. Possession of any price list is not in itself an offer to sell. The Company reserves the right to choose our customers and to reject orders if deemed necessary.

DESCRIPTIONS:

All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions or capacity and other details including, without limitation, statements regarding compliance with legislation or regulation (together "Descriptions") wherever they appear (including, without limitation, in catalogs, on websites, on dispatch notes, invoices or packaging) are intended to give a general idea of the products but will not form part of this Agreement. If the Descriptions of any products differ from the manufacturers' description, the latter shall be deemed to be correct. The Company relies on such information, if any, as may have been provided to it by the manufacturers of the products and accepts no liability in contract or tort, or under statute, regulation, or otherwise for any error in or omission from such Descriptions whether caused by The Company's negligence or otherwise. The Company may make changes to the products as part of a program of improvement or to comply with legislation. The information contained on our website supersedesthe information contained in any Chute Doctor printed catalog or other publication.

SPECIAL ORDERS:

Special order items are processed only after receipt of your pre-payment (if required). Special order or non-stock items may not be canceled, changed or returned once the product has been ordered. All special-order sales are final!

TIME AND MATERIAL REPAIR:

To furnish all labor and material on a time and material (T&M) basis to repair the trash chute, linen chute, recycle chute, and/or rubbish compactor at

the specified property. There is a minimum 2 hour travel portal to portal charge plus all time spent on site. Should additional trips be required for parts etc. additional travel charges will be incurred. Every effort is made to stock the most common parts needed on our service truck, given the wide range of equipment and possible problems our service truck may not always have the required part on hand.

The current rate is listed in the Time and Material Repair Order with a two hour minimum per trip. This charge at checkout will be credited against the full amount required upon completion. Our standard response time is 1-2 days from authorization. Acceptance of this proposal authorizes the full repair of the system and guarantees payment in full within 30 days of completion. In cases where major repairs or replacement is found to be required a quotation will be provided for approval. If necessary, overtime and double time rates will be charged at the current rate listed in the Time and Material Repair Order.

EMERGENCY SERVICE:

Our emergency chute and compactor repair service is for after-hours response to urgent situations. Our technicians can troubleshoot and correct chute blockages, broken doors, odor control systems, compactors, and more. We consider any service appointments between 3:30 pm and 7:00 am Monday through Friday and all day Saturday and Sunday Pacific Time to be after-hours. There is a two-hour minimum plus travel charges outside of a specific travel radius from our nearest service center to you. The charges for this are portal-to- portal plus time and resources required once the technician arrives on site. Our current rates for Emergency Services are listed on the Emergency Services page. For a reduced rate during normal business hours on our next business day see our Time and Material Repair Order. The initial charge will be credited to the final invoice. Visa, MasterCard, and American Express are accepted. Additional questions may be answered in our FAQ.

 

REPAIR TERMS OF SALE:

  1. The attached quotation is to be considered firm unless otherwise stated in writing.
  2. For intake door replacement, an area approximately 24” wide X 48” high may need to be removed for this work. All required wall patching, repairing, and painting to be by others unless otherwise stated in the attached quotation.
  3. All required plumbing work, fire sprinkler work, and electrical work to be by others unless otherwise stated in the attached quotation.
  4. All material is guaranteed to be free from defects in material or workmanship for a period of one (1) year from the date of installation.
  5. If at any time hazardous conditions or materials are discovered, all work will cease until the owner/general contractor has remedied such conditions. Chute Doctor and its sub-contractors shall not be held responsible for any required repair, clean-up disposal, or isolation of hazardous materials or related conditions as may be required.
  6. Prices are good for 90 days only, unless such time is extended in writing. The purchaser agrees to pay all invoices when due. Should Chute Doctor, in its sole discretion, have to resort to attorneys for collection, the customer agrees to pay for all court costs and attorney fees. 1½% per month service charge will be added to all accounts past due. All contracts are entered into in Covina, California.
  7. Proposal conditioned upon and subject to customer certifying that no asbestos, asbestos-containing material or other hazardous material is present in the building or structure to the best of the customer’s knowledge.

 

IMPORTANT PRE-CONSTRUCTION SAFETY NOTICE REGARDING DETERMINATION OF EXISTENCE OF ASBESTOS OR ASBESTOS-CONTAINING CONSTRUCTION MATERIALS.

California Labor Code §6501.9 requires the owner of any building or structure as well as any employer or contractor to make a good faith effort to determine if asbestos or asbestos-containing material (“ACM”) is present before work in any building or structure is begun. Further, the contractor or employer must inquire of the owner if asbestos is present in any building or structure built prior to 1978. The purpose is to determine if that work may release asbestos or ACM into the air. Such a release of asbestos or ACM may constitute “asbestos related work” which is defined in Labor Code §6501.8 (a) to include “…any activity which by disturbing asbestos-containing materials may release asbestos fibers into the air…”. Such a release of asbestos or ACM may constitute a health risk to those exposed.

Accordingly, please make a good faith attempt to determine if either asbestos or ACM is present in the building or structure. Please note that Chute Doctor is not in the asbestos abatement business and does not hold itself out as having any expertise in this field. You should contact a qualified asbestos contractor or other qualified environmental health and safety advisor to assist you in making this determination prior to the commencement of the work.

Please note that in the event you learn of the existence of asbestos or ACM in the building or structure, certain other legal requirements concerning notice and abatement may be imposed by law specifically, without limitation, by Division 5, Chapter 6 of the California Labor Code; Division 20, Chapters 10.3 and 10.4 of the California Health and Safety Code; 42 United States Code, Section 7401 et.seq.; 40 Code of Federal Regulations, Part 61, Subpart M; and other regulations issued by the state and federal agencies including, without limitation, the Occupational Safety and Health Administration (“OSHA”). Please consult your own legal advisor or the appropriate local, state or federal governmental agency for more details concerning your possible obligations.

You are required to certify to Chute Doctor in writing, prior to the commencement of the work that you have made a good faith effort to determine if asbestos or ACM is present in the building or structure and that pursuant to such effort, do not believe asbestos or ACM is present. You will be required to sign the area of the quote called the CERTIFICATE OF COMPLIANCE which says, "Customer certified that a good faith effort to determine if asbestos or asbestos-containing work is present has been completed pursuant to Labor Code §6501.9 and states that to the best of customers knowledge, there is no such material present in the building or structure in which Chute Doctor is to perform the work."

SERVICE CONTRACT TERM:

The Service Term shall begin on and extend for a minimum period as defined in Paragraph 1 of the Service Agreement. This Agreement shall automatically renew for successive one-year periods thereafter unless either party supply written notice of termination to the other party thirty (30) or more days prior to the execution of this Agreement or any renewal hereof. It is the responsibility of the customer to provide a 110 vac power supply necessary for the odor control system(s) to operate.

INTERNATIONAL ORDERS:

Export orders requiring special handling, packaging, and documentation are subject to additional charges. Export orders are accepted on the basis of payment in advance of shipment by a check in U.S. funds, wire transfer, international money order or credit card. Prices are EXW Covina, CA and do not include insurance, freight, brokerage, duty or taxes. Contact our Customer Service Department at (714) 622-6498 ext. 224.

EXPORT CONTROLS:

Products purchased or received under these Terms and Conditions of Sale are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible to obtain any license to export, re-export or import as may be required. Products for export are available on an Ex-Works (EXW) basis only. Export documents and services are excluded.

 

SALES TAX:

Is only required for orders shipping to destinations within California. Customers will be charged sales tax according to the appropriate tax rate. If you have Resale Certificate or exempt Purchase certificate, please fax to us (626) 622 6499 after you place an order online.

SHIPPING POLICY:

Shipping and handling costs are calculated at the time of purchase and determined by product weight and quantity. Heavy and bulky items require special attention and may incur additional packaging charges. Orders may be split and items shipped separately. Please note that orders shipped to Hawaii and Alaska may incur additional shipping charges. Next Day and Second Day Air Service is available within the 48 contiguous states, Alaska and Hawaii.

All orders are shipped EXW Covina, CA and in all cases title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Customer (without regard to which party pays for the shipping costs). Company and carrier handling charges apply. All special order or non-stock product orders may have a separate shipping charge. This will be explained at the time of order placement. We reserve the right to determine method of shipment. In-stock items will try to ship the next day as long as you complete your order by 2:30 PM Monday through Friday and pass credit card verification or have an account in good standing. If you place your order after 2:30 PM CST, or on Saturday, Sunday, or holidays, the available item(s) will ship the second business day if possible. Please note product inventory levels are not indicated on this site. In the case of a back order, we will notify you within 5 business days. Any orders that include a back-ordered item will be shipped once all items are in stock unless a request for shipment of all-in-stock items is made (additional charges may apply).

All internet orders ship via providers listed at checkout. Shipments to PO Boxes may incur additional charges. Options such as overnight delivery, orders shipping outside the continental U.S., and delivery on a non-business weekday need to be handled by our Customer Service Department. Please contact our Customer Service Department within 1-hour after placing your order if you need to expedite, change or cancel your order.

PAYMENT:

The Company provides several different terms of payment for our customers. All terms apply to business customers only. Make all checks payable to The Chute Doctor.

CREDIT CARDS:

We accept credit cards from American Express®, MasterCard®, VISA®, and Discover® as payment for all orders.

PREPAY:

Some orders may require full payment in advance. Depending on the order these payments may be made by company check, cashier check, wire transfer or credit card.

ACCOUNTS:

To open an account fill out and return a Credit Application and Electronic Billing Consent Form to the Customer Service Department. Keep in mind this process will take 48 hours or more dependent upon reply times from creditors. Open accounts have terms of Net 30 days.

The Company reserves the right in its absolute discretion to grant, refuse or discontinue any extensions of credit, or reduce or suspend any credit limit at any time. The Company also reserves the right to cancel any order, require payment in advance, or require the Customer to provide adequate assurance of performance, without any liability by The Company, in the event of the Customer's insolvency, filing of a petition in bankruptcy, the appointment of a receiver or trustee for Customer, or the execution by Customer of an assignment for the benefit of creditors.

Invoices not paid by the due date will be assessed a late payment charge at a rate of 1½% (18% annual) or the maximum allowed by law. All late charges must be paid to retain an open account. All open accounts with an invoice forty-five (45) days past due will automatically be placed on “Credit Hold” until the account is current and may risk loosing the privilege of buying on account. Open accounts must continually be active to remain open. Accounts that become inactive over a period of time may be required to re-apply.

Customer shall pay The Company all costs incurred by it in collecting any past due amount from Customer, including all court costs and attorney's fees, provided, however, if the foregoing charges exceed that rate which may be lawfully charged under applicable law, then such charges shall be calculated so as not to exceed the lawful rate.

RETURNED CHECKS:

Any check issued to The Company and returned from the bank for any reason will have an additional charge of $35.00 invoiced to the customer and must be paid prior to subsequent shipments.

WARRANTY/DEFECTIVE ITEMS:

If you find yourself with any type of defective product, contact our Customer Service Department. Our mission is to offer you the best customer service in the industry. Often we are able to do an “over-the-counter” exchange for the defective item. We must be notified within 3 business days of receipt of any item that is missing or physically damaged in your shipment. Defective Merchandise will be repaired or replaced at Seller's discretion. The Company makes no warranty or guarantee of compatibility of any type, implied or otherwise, on all items purchased. All special order sales are final!

RETURNS:

 If you are not satisfied with a product you have purchased, you may return it within 30 days of shipment for a refund of the purchase price less 25% restocking fee. Original shipping charges are non-refundable and return shipping fees are the purchaser’s responsibility, except in cases where the return

is the result of a shipping error or the item arrives damaged or defective. Items must be in NEW and UNUSED condition. All returns will be inspected prior to credit being issued.

Prior to returning any item, you must receive a Return Merchandise Authorization (RMA) number. No return of any type will be accepted without a valid RMA number. Please submit the RMA Return Request Form or contact our Customer Service Department to get a RMA number. RMA numbers are valid for ten

(10) calendar days from the date it was issued.

RETURN SHIPPING:

 Pack the item(s) securely in the original product packaging, if possible. All products must be returned in their original condition, to ensure full credit. Items returned must be accompanied by the original packaging, parts, pieces, accessories, manuals, warranty information and printed materials in order to be eligible for a full refund.

Products damaged through neglect due to improper packaging or in shipment (this includes merchandise that was received and assumed defective by the customer), will void the warranty and will be returned to you non-repaired at your expense.

Returned items MUST have the RMA number written BOLDLY on the box of the returned item. Send the return package to the following address:

THE CHUTE DOCTOR  Returns Department 1016 E Edna Pl Covina, CA 91724

All return shipping charges must be prepaid. We will not accept C.O.D. deliveries. It is recommended that you use FedEx, UPS or Insured Parcel Post and fully insure your return in case of loss or damage.

LIABILITY:

THE COMPANY’S LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, OR THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND FOR PROPERTY DAMAGE AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR FAULT. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, BUSINESS, GOODWILL OR USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND CONDITIONS OF THIS AGREEMENT. THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PURCHASED OR OTHERWISE PROVIDED HEREUNDER. ANY CAUSE OF ACTION AGAINST THE COMPANY MUST BE INSTITUTED WITHIN 1 YEAR FROM THE DATE OF PURCHASE OR PROVISION OF THE PRODUCTS OR SERVICES.

INDEMNITY:

YOU AGREE TO PROTECT, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CHUTE DOCTOR, ITS SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS, AND EXPENSES OF OR BY A THIRD PARTY OR WHETHER OR NOT INVOLVING A CLAIM BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS, ACTUALLY OR ALLEGEDLY, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR RELATED TO (1) ANY BREACH OF ANY REPRESENTATION OR WARRANTY IN THIS AGREEMENT; (2) ANY BREACH OR VIOLATION OF ANY COVENANT OR OTHER OBLIGATION OR DUTY UNDER THIS AGREEMENT OR UNDER APPLICABLE LAW; (3) ANY THIRD PARTY CLAIMS WHICH ARISE OUT OF, RELATE TO OR RESULT FROM ANY ACT OR OMISSION OF THE CHUTE DOCTOR; AND (4) OTHER ENUMERATED CATEGORIES OF CLAIMS AND LOSSES, IN EACH CASE WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CHUTE DOCTOR, OR ANY OTHER INDEMNIFIED PARTY, AND WHETHER OR NOT THE RELEVANT CLAIM HAS MERIT.

If The Company provides Customer with advice, training, applications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, The Company's giving of such advice or assistance will not subject The Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.

INTELLECTUAL PROPERTY RIGHTS:

The products offered for sale by The Company may be subject to patent, trademark, copyright, design, and other rights of third parties. The Company shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. The Company's entire catalog(s) and website(s), including without limitation, the content of the catalog(s) and website(s) is copyrighted as a collective work under United States laws and applicable international copyright laws and owns the full copyright in its catalog(s) and website(s), including without limitation in the selection, coordination, arrangement, and enhancement of the content contained therein. Except as stated below, none of the materials in the Company's catalog(s) or on its website(s) may be reproduced, distributed, republished, downloaded, copied in any form or by any means, displayed, posted, transmitted, modified, translated, added to, updated, compiled, or abridged without the prior written permission of the Company. Customer may download, store, print and copy selected portions of the content in the Company's catalog(s) and website(s) provided Customer: (1) only uses the content downloaded, stored, or printed for furthering Customer's business with the Company; (2) does not publish or post any part of the content from the catalog(s) or website(s) in any other catalog or on any other Internet site; (3) does not publish or broadcast any part of the content from the catalog(s) or website(s) in or on any other media; and (4) does not modify or alter the content from the catalog(s) or website(s) in any way or delete or modify any copyright or trademark notice.

FORCE MAJEURE:

The Company shall not be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war, risks, shortages, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability and/or any circumstances beyond the control of the Company in its business operations.

GOVERNING LAW:

This Agreement and any sales hereunder shall be governed by the laws of the State of California without regard to conflicts of law rules and venue shall be in the federal and state courts of Orange County, State of California, United States of America. The parties expressly exclude the application of the 1980 United Nations Convention of Contracts for the International Sales of Goods, if otherwise applicable.

DISPUTE RESOLUTION:

Actions by the Company for non-payment by the Customer of the purchase price of products sold by the Company, or for redress of other breaches by the Customer of these Terms and Conditions of Sale may be brought by the Company, at its option, before any U.S. or foreign judicial court of competent jurisdiction or at the Company's option, disputes between the Company and the Customer, including all claims for non-performance by the Company, shall be finally settled by arbitration in Orange County, California, U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Commercial Rules applying these Terms and Conditions of Sale and consistent provisions of the federal and state laws (except conflict of law rules) of the State of California, U.S.A.

SEVERABILITY:

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

WAIVER:

The Company's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of the Company's rights hereunder, shall not constitute a waiver of any of the Company's rights or remedies under this Agreement.

NO THIRD PARTY BENEFIT:

The provisions set forth in these Terms and Conditions of Sale are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

PRIVACY POLICY:

We Are Committed to Your Right to Privacy. The Company respects your right to privacy. We developed this Privacy Statement to inform you about our practices. Questions regarding this Privacy Statement should be directed to our web support team. Privacy is a concern to most Internet users. The Company is acutely aware of, and sensitive to, the privacy concerns of our customers. We assure you that we do not collect personal information from you unless you provide it to us. If you are registering to use the site you will be asked to provide certain information. We are asking for this information solely for the purpose of providing the services offered and authenticating your identity when you login. Be assured that we do not sell information about our customers or site visitors to third parties.

PRIVACY POLICY ENFORCEMENT:

If you feel that The Company is violating this Privacy Statement, please contact web support team.

TRAFFIC DATA:

We collect click-stream data such as referring URL, browser and platform, time of visit, pages visited and searches performed. These statistics are used to help us improve the performance of our website and better serve our customers. We analyze this data to establish trends and help us improve your online experience.

Aggregated traffic data may be shared with potential advertisers, research firms, and business partners for demographic purposes. When used in this aggregated form no one will be able to identify or contact you.

USE OF E-MAIL ADDRESSES:

Any e-mail sent by The Company will contain unsubscribe information so that you may opt-out of future e-mails at any time. E-mails that confirm business transactions will always be sent to you. The Company complies with the requirements of the CAN-SPAM legislation.

USE OF COOKIES:

A "cookie" is a piece of information that our website sends to your browser, which then stores this information on your system. A cookie allows our website to "remember" information about your preferences either until you exit your current browser window (if the cookie is temporary) or until you disable or delete the cookie. Many users prefer to use cookies to help them navigate a website as seamlessly as possible.

You should be aware that cookies contain no more information than you volunteer, and they are not able to "invade" your hard drive and return to the sender with personal or other information from your computer. If you choose not to accept a cookie, you will still be able to use our website.

SENDING YOU RESPONSES AND UPDATES:

We generally respond to any e-mail questions, requests for service or information, and other inquiries we receive. We may also retain this correspondence to improve our products, services and website. Frequently we retain contact information so that we can send individuals updates or other important information about our services and products.

SURVEYS:

From time-to-time we may request information via surveys. Participation in these surveys is completely voluntary and you always have a choice whether or not to disclose this information. Survey information will be used to monitor or improve this website, and to improve our customer service and product offerings.

TERMS OF USE:

The Company website may contain links to third-party sites. The linked sites are not under the control of The Company, and The Company is not responsible for the contents of any linked site, any link contained in a linked site, any changes or updates to such linked sites, or any transmission from any linked site. The Company is providing these links to third-party sites only as a convenience, and the inclusion of any link does not imply endorsement by The Company of the site.

LICENSE AND SITE ACCESS:

The Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Company.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ChuteDr.com so long as the link does not portray The Company, its parent company, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Company logo or other proprietary graphic or trademark as part of the link without express written permission.

CHILDREN’S ONLINE POLICY:

The Chute Doctor com is committed to preserving online privacy for all of its website visitors, including children. ChuteDr.com is a general audience site, and we do not knowingly collect information about children or sell products to children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from or sell products to children under the age of 13. If you are under the age of 13, you must ask your parent or guardian to assist you in using ChuteDr.com.

SECURITY POLICY:

The Chute Doctor knows that our online customers are concerned about data security and privacy and we take these concerns very seriously. That’s why we employ reasonable measures to protect your Personal Information. To find out more about how we use and manage your Personal Information, please see our Privacy Policy.

One of the ways that we protect your Personal Information is by accepting orders only from browsers that communicate through Secure Socket Layer (SSL) encryption technology. When we ask you for a credit card number, the information will be SSL encrypted. Personal Information is stored in a secure environment protected by a combination of physical and technical measures. The information may be kept in separate locations, or it may be aggregated into reports, lists or databanks. There is no public access to this information. Sometimes, the Personal Information may be encrypted before you conduct your transaction, using appropriate secure technology. If you send us correspondence such as email or postal mail, or contact us by phone, we may collect such information in a file specific to you. These files will also be stored in secure locations.

Always keep in mind, however, that the Internet is not a secure system, and you should always be cautious about the information you disclose while you are online. Although we take steps to protect your Personal Information against loss, misuse and alteration, we cannot absolutely guarantee the security of your Personal Information provided over the Internet and we will not be responsible for loss, misuse or alteration of the Personal Information. As such, we also give you the choice of making a purchase by phone rather than online. If you would prefer to use this method, simply call us toll free at 1-800-775-CHUTE (2488).

Similarly, while we continually strive to evaluate and implement enhancements in security technology, it is important for you to reduce the potential for fraud, misuse or unauthorized access to your Personal Information. This includes such things as choosing a hard-to-decipher, random password, keeping your password private, using up to date anti-virus software and spyware blockers, avoiding public or shared computers and keeping abreast of the latest scams. If you ever feel that your account or Personal Information has been compromised, please call us toll free immediately at 1-800-775-CHUTE (2488).

Under the Fair Credit Billing Act, all major credit card companies protect cardholders against fraud, subject to a $50.00 deductible. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Check Instructions:

Please make your check payable to The Chute Doctor and mail along with a copy of your order to:

The Chute Doctor, 5500 Bolsa Ave, Suite #200, Huntington Beach, CA 92649.

Once your check is received and deposited, we will send you an email confirmation that your order is being processed. Please allow 5-7 days for receipt and processing of your payment. Any check issued to The Chute Doctor and returned from the bank for any reason will have an additional charge of $35.00 invoiced to the customer and must be paid prior to shipment.