Information

Info

PRIVACY NOTICE

Last updated March 05, 2021
Thank you for choosing to be part of our community at ACTION RAIN GUTTERS ("Company", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..
When you visit our website https://actionraingutters.com (the "Website"), use our Facebook application, as the case may be (the "App") and more generally, use any of our services (the "Services", which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App), as well as, any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
TABLE OF CONTENTS
 
1. WHAT INFORMATION DO WE COLLECT?

Information automatically collected
In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:
  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
  • Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
  • Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

Information collected through our App
In Short:  We collect information regarding your geo-location, and Facebook permissions when you use our App.
If you use our App, we also collect the following information:
  • Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
  • Facebook Permissions. We by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.
This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.
 
2. HOW DO WE USE YOUR INFORMATION?
In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
  • To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS" for further information.
  • To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and be sure to include your name, testimonial location, and contact information.
  • Request feedback. We may use your information to request feedback and to contact you about your use of our Services.
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
  • To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services. 
  • For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
 
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short:  We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
 
5. DO WE USE GOOGLE MAPS PLATFORM APIS?
In Short:  Yes, we use Google Maps Platform APIs for the purpose of providing better service.
This Website or App uses Google Maps Platform APIs which are subject to Google’s Terms of Service. You may find the Google Maps Platform Terms of Servicehere. To find out more about Google’s Privacy Policy, please refer to thislink. We obtain and store on your device ('cache') your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.
 
6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?     
In Short:  If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
Our Services offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform. If you login using Facebook, we may also request access to other permissions related to your account, such as your friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.
We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.
 
7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?     
In Short:  We may transfer, store, and process your information in countries other than your own.
Our servers are located in. If you are accessing our Services from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in and other countries.
If you are a resident in the European Economic Area, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.
 
8. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
 
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short:  We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
 
10. DO WE COLLECT INFORMATION FROM MINORS?
In Short:  We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..
 
11. WHAT ARE YOUR PRIVACY RIGHTS?
In Short:  You may review, change, or terminate your account at any time.
If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions or comments about your privacy rights, you may email us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
  • Log in to your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit https://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
  • Access your account settings and update your preferences.
 
12. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. 
 
13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
 
14. DO WE MAKE UPDATES TO THIS NOTICE?     
In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
 
15. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?     
If you have questions or comments about this notice, you may email us at This email address is being protected from spambots. You need JavaScript enabled to view it. or by post to:
ACTION RAIN GUTTERS
1304 HIGTON ST
Manteca, CA 95336
United States
 
16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?     
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.

All of our seamless rain gutter colors contain Dura Coat XT-10 with TEFLON® surface protector to resist staining. This custom paint system is baked onto the rain gutters inside and out which helps prevent the gutter paint from chipping, cracking, peeling and rusting for years to come. Click on our rain gutter colors below for more details.

Note: Because printed colors and computer monitors offer imprecise representations of colors, and because the gutter colors appear slightly different on steel than on aluminum, the actual rain gutter color may vary.

30 White
30White
80 White
80White
Black
black
Bronze
Bronze

Almond
almond
Antique Ivory
ivory
Linen
Linen
Cream
creams

Forrest Green
ForestGree
Leaf Green
Leaf Green
Tahoe Blue
Tahoe Blue
Blue
Blue

Cocoa Brown
Cocoa Brown
Royal Brown
Royal Brown
Musket Brown
Musket Brown
Terratone
Terratone

Tuxedo Grey
Tuxedo Grey
Dove Grey
Dove Grey
Pearl Grey
Pearl Grey
Colonial Grey
Colonial Grey

Clay
Clay
Red
Red
Wicker
Wicker
Penny Copper
Copper Penny
Corrugated: The ridged lines that run down a downspout
Downspout: A pipe made to carry the rainwater from a gutter system away from the house and toward the ground
Drainage: A system of gutters and downspouts designed to carry water away from the house
Drop outlet: The drop in to attach the downspout to the gutter
Downspout Strap: A strip of material used to attach the downspout to the wall
End cap: A piece of formed aluminum that is crimped over the end of a run of gutter
B-Elbow: Part of the downspout that turns the other direction
A-Elbow: Part of a Downspout that makes the turns
Fall: The slope of a stretch of gutter measured by the vertical rise to the horizontal distance
Fascia Gutter: A gutter style that has a big enough back and is large enough to cover rafter tails to act as a fascia board
Flashing: A 2 x 2 peice of metal that runs under the roofing and into the gutter to protect eve of the roof.
Gauge: The thickness of the gutter material for steel like 26-gauge and 24-gauge, for aluminum the sizes are .027 and .032 of an inch
Gutter: The device that catches water coming off the roof.
Gutter Guards: Also called Gutter Screens- it's a cover installed on top of the gutter to keep out leaves
Hanger: The bracket which is used to hold the face of the gutter in place
Half Round: Type of rain gutter style... used mostly for copper
Leader: Any pipe that carries the water from the gutter to the wall, part of the downspout
Leaderhead: Usually out of copper is a decorative box for the downspouts
Linear Feet: The measurement for a section of gutters per linear foot.
Mitre: Two ends of gutter cut and formed to make a corner
Offset: Parts of a downspout used to go around brick or belly bans
Ogee: A type of rain gutter style like roman ogee
Rain Chain: A  decorative chain used in place of a downspout for visual appeal
Rain Barrel: A  water storage unit installed at the end of a downspout to collect water from the gutters
Run: Any horizontal length of roof or gutter
Splash Block: A plastic, metal, or concrete pad used at the end of the downspouts to further direct water away from the house
Scupper: A square metal box to catch water from a flat roof
Seamless: Rain Gutters that are cut to exact length all in one piece
Slope: Angling of the rain gutter ogee style to help with drainage. Can only be done with gutter that has no wing.
Wedges: Support used to keep gutter level on inverted fascia boards
Wingless: When the gutter is installed without the wing that sits up on top of the roof. (this gutter must be flashed)
With Wing: When the gutter is installed with the wing that sits up on top of the roof. (this gutter doesnt need to be flashed)

Limited Lifetime Coating Material Warranty
Action Rain Gutters Products Warranty.
Action Rain Gutters hereby issues the following Limited Lifetime Coating Warranty (Limited Warranty) exclusively to the original Owner/Client of materials installed by Action Rain Gutters with coated steel or aluminum gutters, downspouts and rain carrying accessories subject to the terms and conditions listed below. During the lifetime of the Owner/Client, and as long as Owner/Client owns the building or structure on which the material is installed, Action Rain Gutters warrants that the paint on the material will not:

(a) Peel, check, chip or crack. These terms shall not mean alterations to the paint as a result of exposed raw edges, embossing, end cutting, cut edge exposure or such crazing or slight cracking as may occur on tightly roll-formed edges or brake-bends.

(b) Fade or change color in excess of five (5) units of color difference (Hunter) calculated in accordance with ASTM D2244. The color change is measured on an exposed painted surface that has been cleaned of surface soils and chalks and then compared to corresponding values measured on the original or unexposed coated surface. Fading and color changes may not be uniform, depending on sun and atmospheric exposure, and Action Rain Gutters does not warrant that color changes will be uniform.

(c) Chalk or oxidize in excess of a numerical rating of eight (8) when properly maintained as described herein as measured in accordance with the standard procedures specified in ASTM D-659. Remedy The sole and exclusive remedy under this Limited Warranty shall be one of the following to be chosen in Action Rain Gutters sole discretion: repair, recoating, refinishing or replacement of defective material.

The term replacement includes labor costs of material removal, fabrication or installation. Any repair, recoating, refinishing or replacement is completely free of charge; Action Rain Gutters will not pay or otherwise be responsible for, any costs associated with or related to anything else affixed to the material, including, but not limited to, solar panels or television antennas, without its written consent prior to installation. Any repair, recoating, refinishing or replacement will not restart the warranty period. If repair, recoating, refinishing or replacement is not practical, Action Rain Gutters may elect, at its sole option, to refund the original purchase price of the material paid to Action Rain Gutters.

Action Rain Gutters does not warrant material that is in contact with, or subject to, runoff from lead, copper, pressure-treated, green or wet lumber or wet insulation. Action Rain Gutters does not warrant material which has been modified without Action Rain Gutters express written approval, which has been improperly used or applied, or which has been painted after Action Rain Gutters has completed the job. This Limited Warranty does not extend to material installed within one thousand (1,000) feet from salt water unless Owner/Client performs biannual maintenance of the material in the form of a sweet water rinse (tap water). The Owner/Client is required to keep records of such maintenance for the Limited Warranty to be enforceable, and this maintenance is to be documented with written reports and date-stamped pictures. 
For any claim arising after the 10th year from date of installment, Action Rain Gutters will pay or refund only a portion of the repair, recoating, refinishing, replacement or purchase price paid to Action Rain Gutters based on the prorated basis below. This is the only remedy for defective Materials.
Year after purchase Maximum warranty coverage available:
1 through 10 100%
11 through 15 50%
16 through 20 25%
21 through lifetime 10%

THIS LIMITED WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ACTION RAIN GUTTERS HEREBY DISCLAIMS ALL SUCH WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THIS LIMITED WARRANTY ALSO SUPERSEDES AND IS IN LIEU OF ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT OR TORT, WHETHER OR NOT ARISING FROM ACTION RAIN GUTTERS NEGLIGENCE, ACTUAL OR IMPUTED, OR STRICT LIABILITY. THIS LIMITED WARRANTY SHALL BE OWNER/CLIENTS SOLE AND EXCLUSIVE REMEDY AGAINST ACTION RAIN GUTTERS ARISING OUT OF OR RELATED TO THE MATERIAL OR THE ORDER OR DELIVERY OR INSTALLATION OF THE MATERIAL. UNDER NO CIRCUMSTANCES SHALL ACTION RAIN GUTTERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION LOSSES OR LOST USE OF THE BUILDING OR ITS CONTENTS, EVEN IF ACTION RAIN GUTTERS HAS RECEIVED NOTICE OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OWNER/CLIENT SPECIFICALLY WAIVES THE RIGHT TO ATTORNEYS FEES, INCLUDING ANY CLAIM FOR ATTORNEYS FEES PURSUANT TO CHAPTER 38 OF THE CALIFORNIA CIVIL PRACTICE AND REMEDIES CODE, ANY OTHER STATUTE OR THE COMMON LAW. ACTION RAIN GUTTERS TOTAL LIABILITY FOR ANY AND ALL CLAIMS OF ANY KIND (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THE MATERIAL OR THE ORDER OR DELIVERY OR INSTALLATION OF THE MATERIAL SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE MATERIAL AND/OR INSTALLATION PAID TO ACTION RAIN GUTTERS. IN THE EVENT THAT OWNER/CLIENT AND ACTION RAIN GUTTERS DO NOT RESOLVE THE DISPUTE, CONTROVERSY OR CLAIM IN MEDIATION, ANY ACTION, PROCEEDING OR LAWSUIT ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY MUST BE BROUGHT SOLELY AND EXCLUSIVELY IN THE STATE OR FEDERAL COURTS OF SAN JOAQUIN COUNTY OF CALIFORNIA. VENUE IS IMPROPER IN ANY OTHER JURISDICTION. BY ACCEPTING THIS LIMITED WARRANTY, OWNER/CLIENT IRREVOCABLY CONSENTS TO THE JURISDICTION AND EXCLUSIVE VENUE OF THE ABOVE-IDENTIFIED COURTS.

Action Rain Gutters shall have no obligation under this Limited Warranty unless Action Rain Gutters has been paid in full for all material and installation covered by this warranty. In no event will the original warranty period be extended by a warranty claim. The warranty for any repaired or replaced material shall only be for the remainder of the original warranty period applicable to the Owner/Client. This Limited Warranty is extended only to the original Owner/Client and shall not inure to the benefit of any other party. This Limited Warranty is non-transferrable and non-assignable. All written notices given under this Limited Warranty shall be either personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, to Action Rain Gutters, 1304 Higton St. Manteca, CA 95336. To be effective, Owner/Clients notice shall include such records as will enable Action Rain Gutters to establish the Action Rain Gutters invoice number and the date and address of installation.

PARTIES AND SCOPE OF WORK


Action rain gutters (hereafter called “Contractor”), shall mean the company performing the Work. “Work” means the installation of new rain gutters, downspouts and/or accessories to be performed by the Contractor as set forth on the front of this agreement or in any agreement between the Contractor and client. “Client” refers to the person(s) or business entity ordering the work to be done by the Contractor and shall be responsible for the payment thereof. If the Client is ordering the work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of the said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, the Client assumes sole responsibility for determining whether the nature of the work ordered by the Client is adequate and sufficient for the Owner/Clients intended purpose. The Contractor can not make decisions on details such as rain gutter and downspout styles, different materials or color to be installed. Under no circumstances shall the Client request the Contractor make said decision. The Client must inform the Contractor of said rain gutter or downspout styles, materials or color to be used as soon as possible so materials can be ordered. The contractor does not guarantee the colors will match the existing color of the building.

Changes
Unless otherwise specified in writing, the price for the work is based on the understanding that all structural members and other components are in fact in sound condition Contractor may advise the Client of any unforeseen conditions which may be discovered during the course of the installation. Client agrees to pay Contractor additional compensation based upon the Contractor’s normal rates. All change orders will be in writing and signed by both Contractor and Client, and shall be incorporated in, and become part of the contract. Client agrees that the Contractor has the right to substitute materials with equal or superior quality materials should the materials listed in the description of the work become unavailable for any reason. The contractor has the right to make such substitution without notice to or permission from the Client.
WARRANTY
All work shall be completed in a workmanlike manner and in compliance with all codes and other applicable laws. All work shall be performed by individuals duly licensed and authorized by law to perform said work. Contractor agrees to clean up all debris and leave premises in the same condition before work began. Contractor guarantees all labor committed in the installation of the rain gutters and downspouts for one year after the completion date of work performed. The manufacturer has a limited lifetime warranty on materials and shall be given to Client after payment has been made in full. All warranties are void if sums due to the contractor are not paid in full, or if unauthorized service, alterations or adjustments have been made to any of the work by a different company.

LIMITATION OF LIABILITY
Contractor shall not be liable for damages or delays including but not be limited to fire, flood, strike, third parties, acts of God, acts of terrorism, weather, general unavailability of materials or by any other circumstances which are beyond the control of the contractor. In the event Client desires to make any claim against Contractor, Client shall provide Contractor with written notice of the claim within seven days from the date Client, or its agents first discover the claims or the same shall be barred. Any claims against Contractor brought on this contract or in any way arising out of this contract must be filed within one year from the time the cause of action accrued or it shall be time-barred. Under no circumstances shall any employee, stockholder, officer or agent of Contractor have any individual liability to the Client, Notwithstanding the aforesaid, in the event, any judgment is entered against any such individual, Client agrees to look exclusively to the assets of the Contractor for the satisfaction of the said judgment.
This Limited Warranty does not extend to or cover damage caused by or as a result of:
(a) improper handling, contamination, modification by any party other than Action Rain Gutters after installation;
(b) improper forming, fabrication or cutting of the material by any party other than Action Rain Gutters ;
(c) improper handling, scratching or abrading after installation;
(d) mechanical damage or edge corrosion;
(e) damage or leaks due to an inadequate or improper built-in drainage system which allows standing water that was not installed by Action Rain Gutters;
(f) improper or deficient cleaning or maintenance, including, but not limited to, the use of high-pressure washing systems;
(g) any external contaminant or condition, including, but not limited to, chemical fumes, salt spray, animals, animal waste, vegetation, dirt, gravel or metal debris;
(h) deterioration or failure of building components, including, but not limited to, the roof substrate, walls, mortar, HVAC units or walkways, movement or settlement of the building;
(i) condensation or infiltration in, through, or around the walls, copings, rooftop, flashing, hardware or equipment, building the structure or underlying or surrounding materials;
(j) additions, alterations or repairs that are not performed by Action Rain Gutters;
(k) reactions due to dissimilar metals;
(l) natural disasters or acts of nature, including, but not limited to, winds in excess of 55 MPH, fires, hurricanes, tornadoes, hail, wind-blown debris, lightning, earthquakes, volcanic activity, atomic radiation, insects, animals or animal droppings;
(m) any act, conduct or omission by any person other than Action Rain Gutters  or action caused by the negligence of any person other than Action Rain Gutters; or
(n) act(s) of war, terrorism or vandalism.

Investigation
Action Rain Gutters has no obligations under this Limited Warranty unless and until Action Rain Gutters has been allowed a reasonable opportunity to inspect and, if necessary, repair said area in question.

Modification, Waiver, and Severability
This Limited Warranty cannot be amended, altered or modified in any way except in writing signed by an authorized officer of Action Rain Gutters. No other person has any authority to bind Action Rain Gutters with any representation or warranty whether oral or written. Action Rain Gutters failure to enforce any of the terms or conditions stated herein shall not be construed as a waiver of any such condition or of any other term of this Limited Warranty. If any portion of this Limited Warranty is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force.

BUSINESS HOURS

7 Thursday
Monday 8:00am - 5:00pm
Tuesday 8:00am - 5:00pm
Wednesday 8:00am - 5:00pm
Thursday 8:00am - 5:00pm
Friday 8:00am - 5:00pm
Saturday 8:00am - 2:00pm
Sunday Closed
We Are Currently Open!

ACTION RAIN GUTTERS

1304 Higton st
Manteca, CA 95336
Lic# 994886
800-419-8812
Sales@actionraingutters.com
Price: $$ USD
Payments Accepted:
Cash, Credit Card, Check

FREE INSTANT QUOTE

RECENT JOBS

003.jpg