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.

Privacy Policy

Thank you for visiting www.poofreeparks.com. This privacy policy is designed to assist you in understanding how we collect, use, and protect any information you may provide to us. Your use of the Website signifies your consent to be legally bound by this Privacy Policy. If you do not agree to the terms of the Privacy Policy, please do not use the Website or provide any information to us.

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:

name
e-mail address
mailing address

CREDIT CARD INFORMATION—In order to purchase a product, you may need to provide you Card Information directly to our third party payment processor. WE DO NOT DIRECTLY COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT CARD INFORMATION. PLEASE READ THE PRIVACY POLICY ON OUR PAYMENT PROCESSOR’S WEBSITE REGARDING THE USE, STORAGE AND PROTECTION OF YOUR CREDIT CARD INFORMATION BEFORE SUBMITTING ANY CREDIT CARD INFORMATION.

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.

Disclosure of Your Information—We may disclose the information we collect from and about you, including your Personal Information: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Website, or anyone else who could be harmed by such activities, or is appropriate or necessary to enforce our Terms of Use, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Website; (b) to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws; (c) to our business partners for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, Websites, advertisements, promotions, and/or functionality on the Website and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf; or (d) otherwise with your consent. We may also sell or buy other businesses or entities. In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your Personal Information may be included in the transferred business assets and our successor may assume access, storage and control of your member data until you terminate your account. Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used and your Personal Information may be included in the transferred assets. We do not sell your Personal Information, to third parties and have no intention of doing so in the future. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made in writing to Poo Free Parks, ATTN: Information Sharing Disclosure, 1127 Auraria Parkway, Suite 8, Denver, CO 80204.

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 info@poofreeparks.com.

SECURITY PROCEDURES—We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information submitted via the Website. However, your email transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or the Website may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the Internet. Once we receive your Personal Information, we take steps that we believe are commercially reasonable to limit access to your Personal Information to only those employees and Website providers whom we determine need access to the Personal Information to provide the requested products, Websites, offers or opportunities that may be of interest to you. However, even after we receive your Personal Information, we cannot guarantee that your Personal Information or may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks. For the avoidance of doubt, WE expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your PERSONAL Information. ADDITIONALLY, WE DO NOT STORE, RECEIVE, PROCESS, OR ACCESS YOUR CARD INFORMATION. PLEASE CONSULT OUR PAYMENT PROCESSOR’S PRIVACY POLICY TO UNDERSTAND HOW YOUR CARD INFORMATION IS PROTECTED.

Special Note to International Users—By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Policy, our Terms of Use, you are transferring your Personal Information to the United States and you consent to (a) such transfer, (b) 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 the Privacy Policy and/or 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 (c) the exclusive jurisdiction of the courts of the State of Colorado sitting in Denver, and the federal courts sitting in Denver, Colorado.

Changes and updates to the Privacy Policy—From time to time, we may revise the Privacy Policy. To help you stay current of any changes, we note the date the Privacy Policy was last updated above. Your use of the Website following the posting of any revised Privacy Policy shall be deemed acceptance of the revised policy, so we strongly recommend that you check back the Privacy Policy periodically. If, and only if, we make revisions to the Privacy Policy that result in a material lessening of the restrictions on our use or disclosure of your Personal Information, we will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.

Miscellaneous—If any part of the Privacy 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 Privacy Policy shall continue in force and effect.

Terms of Use

Thank you for visiting www.poofreeparks.com (the “Website”). By using the Website, you are agreeing to be bound by these Terms of Use and any other policy published at the Website, including our Privacy Policy, Shipping Policy and Refund Policy (the “Policies”). If you do not agree with any part of the Policies, do not use the Website. We reserve the right to modify, alter or otherwise update any part of any Policy at any time. Such modifications shall be effective immediately upon posting. By using the Website service after posting of such modifications, you agree to be bound by the revised terms of the Policies. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE POLICIES.

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.

Links—This site may contain links to other Web sites (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. PFP is not responsible for, and does not endorse, the content of any Linked Sites whether or not PFP is affiliated with the sponsors of a site. Visitors to any linked site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular linked site. PFP welcomes links to this site. You may establish a hypertext link to this Website, provided that the link does not state or imply any sponsorship or endorsement of your site by PFP. You may not use on your site any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the PFP site without prior written consent of PFP.

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 info@poofreeparks.com 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;
Contact information;
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.