Terms of Use

Last revised: January 9, 2011

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 OmnisPotential Trading, 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.