Terms of Service

Overview

Welcome to http://chimneytrailhealth.com (the “Site”). Chimney Trail Company (“we,” “us,” or “our”) operates the Site.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS (THE “TERMS”) THAT GOVERN YOUR USE OF THE SITE. BY SUBMITTING YOUR CONTACT INFORMATION, AND/OR BROWSING THE SITE, YOU (“YOU”) ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU DO NOT HAVE THE RIGHT OR AUTHORITY TO USE THE SITE.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, WE will make a new copy of the Terms available ON THIS PAGE. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new users of the Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing users.

Eligibility

To use this Site and place orders, you must be at least 18 years old. By using this Site, you represent that you meet these requirements. The Site is not intended for use by individuals under the age of 18.

LICENSE TO USE SITE

You may view, download for caching purposes only, and print pages from the Site for your personal use, subject to the restrictions set out below and elsewhere in these Terms.

Chimney Trail Company may terminate or suspend your access to the Site at any time, without notice, for any reason, including a violation of these Terms. Upon termination, your access will be revoked, and content may be deleted. Certain provisions, like indemnity and liability limitations, will still apply.

YOU MUST NOT:

REPUBLISH MATERIAL FROM THIS SITE (INCLUDING REPUBLICATION ON ANOTHER WEBSITE)
SELL, RENT, OR SUB-LICENSE MATERIAL FROM THE SITE.
REPRODUCE, DUPLICATE, COPY, OR OTHERWISE EXPLOIT MATERIAL ON THIS SITE FOR A COMMERCIAL PURPOSE.
EDIT OR OTHERWISE MODIFY ANY MATERIAL ON THE SITE.
ACCESS THE SITE IN ORDER TO BUILD A SIMILAR OR COMPETITIVE WEBSITE, PRODUCT, OR SERVICE.
ACCESS THE SITE USING ANY AUTOMATED MEANS FOR THE PURPOSE OF TRAINING ANY ARTIFICIAL INTELLIGENCE OR LARGE LANGUAGE MODELS.

USE OF THE SITE

You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, its offered products, and its content are owned by us and our suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

PRIVACY POLICY

Your use of the Site is also subject to our Privacy Policy. Please review our Privacy Policy, which governs the Site and informs users of our data collection practices.

USER CONTENT

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content or feedback you provide to us or make available on the Site in any existing or future media. You also grant to us the right to sub-license these rights.

OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS (U.S. $50), AND (B) THE AMOUNT PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH ASSERTED CLAIM.

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Chimney Trail Company, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of this Site, your violation of these Terms, or your violation of any rights of another person or entity.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THIS SITE, ANY INFORMATION YOU PROVIDE VIA THIS SITE, THESE TERMS, AND YOUR USE OF THE SITE WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION.

ARBITRATION LOCATION

For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Chimney Trail Company agree.

APPLICABLE LAW

This agreement will be construed and enforced in accordance with the laws of the State of Colorado, without regard to principles of conflict of laws thereof.

SHIPPING AND RETURNS POLICY

Domestic Shipping: Chimney Trail Company only ships within the United States, including APO, FPO, and DPO addresses. We charge a flat rate of $10 per shipment, regardless of the destination within the United States.

Processing Time:

Orders are typically processed within 2-3 business days. Please note that processing times may be longer during peak seasons or due to unforeseen circumstances.

Delivery Time:

Once shipped, delivery times vary depending on your location but generally range from 3-7 business days. We strive to ensure timely delivery but cannot guarantee exact delivery dates.

Undeliverable Packages:

If a package is returned to us as undeliverable, we will contact you via email. You will have 2 weeks to respond with an updated address. If no response is received, we will send a second email. If we still do not receive a response within another 2 weeks, we will hold the package until you contact us.

Shipping Carrier:

We use reputable shipping carriers for all deliveries. Once your order has shipped, you will receive a confirmation email with tracking information.

Damaged or Lost Packages:

If your package arrives damaged or is lost in transit, please contact us immediately at info@chimneytrail.com. We will work with the carrier to resolve the issue and ensure you receive your products.

Please note that only regular-priced items may be refunded; sale items cannot be returned or refunded.

COMMUNICATIONS WITH CHIMNEY TRAIL COMPANY

By providing your contact information, including your email address and phone number, you consent to receive communications from Chimney Trail Company. These communications may include but are not limited to emails, phone calls, and text messages regarding your orders, inquiries, or other services related to our products.

You verify that the contact information you provide to Chimney Trail Company is accurate and that you are the authorized user of the email address and phone number provided. You agree to promptly update us if there are any changes to your contact information.

Please note that phone calls to or from Chimney Trail Company may be monitored and recorded for quality assurance and training purposes.

If you wish to opt-out of receiving certain communications, you can do so by following the instructions provided in the communication or by contacting us directly at info@chimneytrail.com. However, please note that opting out of certain communications may affect your ability to receive important information regarding your orders or services.

GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the state of Colorado, and you irrevocably submit to the exclusive jurisdiction of the courts in Denver, Colorado.

Contact INFORMATION

If you have any questions or comments about this Privacy Policy, please contact us:

Chimney Trail
Attn: Privacy Compliance Officer
301 S Howes Street, Unit 992
Fort Collins, CO 80522
United States
Email: info@chimneytrail.com