Shipping & Policies
Shipping and Delivery
Availability of products—All products are subject to availability. The Website does not permit back orders for products that are not immediately available. As a general practice, the Website should not allow you to place an order for a product unless it is in-stock. However, in rare instances, it is foreseeable that technical errors or glitches may allow you to successfully place an order for a product that is actually out-of-stock. In such event, you agree that PFP shall not be obligated to provide a back-order for such product, but may, in its option, immediately cancel your order and provide you with a full refund of the purchase price. PFP reserves the right to reject any order and/or or to limit quantities on any order, without giving any reason. PFP may limit or cancel quantities purchased per person, per household, per order, or per credit card.
United States Only—The Website is only available to purchasers located within the United States. Products shall only be shipped to addresses located with the United States. At this time, we do not ship to international or APO/FPO addresses or PO boxes. All shipping times are estimates only.
Shipping Terms—Most orders received by 5:00pm Mountain Time will be shipped no later than the next business day, however, PFP reserves the right to take up to 30 days to ship certain products. . Upon shipment of your product, depending upon the shipping method selected by you, PFP may provide a tracking number through which you can track your package. All tracking information is provided by the applicable carrier.
Enforceability of Electronic Agreements and Orders—By submitting an order via the Website, you agree and consent: (a) to receive all communications from PFP in electronic form, either as an email to the address provided by you when you placed your order or as a general posting to the Website, as applicable and (b) that all agreements, notices, disclosures, and other communications that are provided electronically satisfy any legal requirements for such agreement, notice, disclosure, or other communication to be in writing. By clicking the “SUBMIT” button, you waive any objection to receiving any agreement, notice, disclosure, or other communication in electronic form. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of an offer to sell. PFP reserves the right at any time after receipt of your order but prior to shipment of your order to accept or decline your order for any reason and provide you with a full refund.
Returns and Refunds
Products can be returned within 30 days of delivery if you are not satisfied with your purchase. Products must be returned in 100% complete, undamaged, like new condition in the original package and with all contents included with the initial shipment. Provided your return meets these requirements, you will be refunded the full amount of the purchase price plus taxes, excluding any shipping costs. PFP may, in its sole discretion, reject or impose a restocking fee on items that do not satisfy these requirements.
If you receive product that is damaged upon delivery, you are eligible to return the product for a refund of the full amount paid, including taxes and shipping charges.
The Information We Collect—When you use our Website, we may collect certain indirect and/or aggregate information as a result of your use of, and interaction with, the Website (“Usage Information”). We may also collect certain Usage Information related to your use of the associated mobile application. In addition, you may use the Website to purchase products by providing certain types of personally identifiable information (“Personal Information”). Finally, we may ask for your credit or debit card information (“Card Information”).
USAGE INFORMATION—We may use certain standard web measurement and tracking technologies such as “cookies,” web server logs, or other statistics programs to collect Usage Information and track and record how you use the Website, including the associated mobile application. This data is anonymous and does not personally identify you. Usage Information helps us measure the success of the Website, including the website and the associated mobile application and its features or pages and to improve your online experience. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of such restrictive browser settings may limit your use of the Website.
PERSONAL INFORMATION—When you make a purchase, we may ask you to provide your:
Use of Information Collected—We use your information in order to provide the Products you request and to analyze, manage and improve the Website. In compliance with applicable laws, it is our policy to require only the Personal Information necessary to enable use to complete the specific transaction that you request; we do not condition any transaction on the disclosure of more Personal Information than is reasonably necessary to complete such that specific transaction. In addition, our Payment processor will use your Card Information to process your payments. We may also use information such as your name and e-mail address to contact you, respond to your inquiries, and send you information or notify you of special offers. Finally, we use information to help us diagnose problems with our server or other technical issues relating to the performance of the Website.
Opting-Out—You may opt-out of receiving communications about special offers or programs by clicking on a link provided at the bottom of the email communication.
CHILDREN’S PRIVACY—The Website is not directed to, and we do not knowingly market to or collect Personal Information from, children under the age of 13. We recommend that parents actively participate in their children’s use of the Internet. If you are under 13 years of age, please do not use or access the Website at any time or in any manner. If you believe that you may have information regarding a person under 13 that you believe to have registered an account with, or otherwise provided Personal Information via, the Website, please contact us at email@example.com.
Intellectual Property— This site is controlled and operated by Blue Sky Co, LLC; dba: Poo Free Parks (“PFP”). Unless otherwise noted, all images, product descriptions, text, and other content on the Website, including any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website, including any logos, trademarks, or brand names used to identify our sponsors (the “Content”) are owned by PFP or used with permission or under license from a third party, including our sponsors (each an “Owner”). All Content is protected by copyright, trademark and other intellectual property and proprietary rights laws and belongs to either PFP or the applicable Owner. All rights are reserved. All Content is provided solely for your personal, non-commercial use. Such Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without our express prior written consent. Use of the materials on any other Web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of PFP’s copyrights, trademarks and other proprietary rights, and is prohibited.
Product Information—All product information is provided by the manufacturer and/or PFP’s third party suppliers. You agree and acknowledge that PFP is not, and shall not be, responsible for any statement made such third parties. You should independently verify any claim prior to purchase. Complaints regarding any product claim should be directed solely to the applicable manufacturer.
Digital Millennium Copyright Act—If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to and (ii) include the following:
A physical or electronic signature of person authorized to act on behalf of the owner;
Identification of the copyrighted work(s);
Identification of the allegedly infringing material;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
United States Only—By using the Website, you agree and acknowledge that the Website is hosted in the United States and you consent to the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and the exclusive jurisdiction of the courts located in Denver, Colorado. You hereby waive any objection based on inconvenient forum.
Disclaimers—THIS WEBSITE, AND ALL CONTENT AND MATERIALS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PFP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. PFP DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability—YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT PFP AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS ARE NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS WEBSITE.
Indemnification—You agree to indemnify, defend and hold harmless, PFP, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to PFP, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Policies by you.
Ability to Accept Policies—You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the Policies, and to abide by and comply with al Policies.
Assignment—You may not transferred or assigned any Policy or any rights and licenses granted thereunder, but such may be assigned by us without restriction.
Miscellaneous—PFP’s failure to enforce any provision of any Policy shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of any Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Policy shall continue in effect. A printed version of any Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to such Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.