Privacy and Terms - Pompton Pet Sitters

OVERVIEW

This website is operated by Pompton Pet Sitters, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Pompton Pet Sitters, LLC. Pompton Pet Sitters, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Services specifically related to pet sitting will be subject to additional terms set forth in our “service agreement.”

By visiting our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PERSONAL INFORMATION

When you visit this site, we anonymously log your IP & web browser info. If you got to this site by means of a link from another site, our logs will note the fact that you came to us from that linked site. We also will collect information that you voluntarily provide to us in any one of a number of ways. When you register for this site, we ask you for personal information and what, if any, information you would like us to send you. You also may provide personal information when you respond to surveys, or submit contest entries.

We use your personal information to send you the newsletter and other information you’ve explicitly requested, including marketing information or other information, products, or services you’ve requested or purchased, email communications, and SMS text messages. We use the demographic information to compile internal reports and to compare the people who are visiting our site to the people who use our pet care services. Some or all of this information also may be used internally to assess our site’s content and layout.

We do not sell, rent, or share any of the information collected online from our customers or non-customer visitors to third-parties, except to agents or subcontractors where it is reasonably necessary to disclose such information in order to perform our services and/or create and distribute our products. We may also distribute information where required to do so by law, in connection to a legal proceeding or potential legal proceeding or to establish, exercise or defend our legal rights.

We take reasonable precautions to prevent the loss, misuse or alteration of your personal information. However, we are not responsible or liable for unauthorized access to this information.

We will not knowingly request personal identifiable information from anyone under the age of 13 without requesting parental consent.

ONLINE STORE TERMS

Our store is hosted on Etsy. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Etsy’s data storage, databases and the general Etsy application. For more insight, you may also want to read Etsy’s Terms of Service here or Privacy Statement here. Pompton Pet Sitters, LLC maintains additional terms of service which can be found via our Etsy store, here.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and/or services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PROHIBITED USES

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pompton Pet Sitters and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New Jersey.

CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@pomptonpetsitters.com or by mail at Pompton Pet Sitters, LLC [Re: Privacy Compliance Officer 28 West Parkway Pequannock NJ USA 07440]

Client Portal Client Agreement

For the purpose of this agreement, Pompton Pet Sitters, their agents, employees, representatives, or independent contractors, will be referred to as “sitter” and the pet owner(s) will be referred to as “owner.” The parties agree to the following:

Services: Sitter agrees to provide services related to pet care expressly requested in the client portal instructions provided by owner.
Payment: We have a flexible invoicing policy for your convenience. However, in order to continue to do business, we must require payment of all invoices. We require valid credit or debit card information be uploaded to your Time To Pet account before services will be scheduled. You are able to make payment by credit/debit card, e-check, or PayPal through our website, and by check or cash at your home or by mail. Make checks payable to Pompton Pet Sitters and mail check or cash payments to 28 West Parkway, Pequannock, NJ 07440. Payment is preferred before a service is completed; however payment may be made up to 2 weeks following completion of service. Our system does not automatically send out invoices. At the end of each calendar month, Pompton Pet Sitters will consolidate any unpaid invoices into a single invoice and forward it to you via e-mail. If the invoice remains unpaid the following month it will be sent by e-mail and regular mail. If an invoice remains past due after 90 days and an e-mail and mail reminder have been sent, we will automatically charge a card on file, or we may send the invoice for collections.
Cancellation or Last-Minute Scheduling: Owner agrees to give sitter 48 hours notice of bookings, cancellations, or early return from a trip/vacation if possible. Without 48 hours notice, sitter may charge an $8 cancellation fee or last-minute booking fee.
Visit Times: Sitter cannot always guarantee exact time and duration of each visit but will make all reasonable efforts to visit within the two hour window of the time requested by owner.
No Exclusive Sitters: We are unable to guarantee that your pet will have the same sitter at every scheduled visit. Our priority is to provide availability 365 days a year. In order to do so, we must employ multiple sitters to cover all shifts and to ensure a backup sitter will be available in an unforeseeable emergency such as car trouble or illness.
Accident clean-up: We make every effort to leave your home as clean (or cleaner!) then when we arrived. This includes scooping the litter, rinsing water/food bowls (when empty), and checking around for and cleaning up any accidents. However, it is always helpful for you to include your expectations in your instructions as well as the location of appropriate cleaning products. Please remember that, between the time of our last visit and your return home, pets may have accidents, use the litter box, or finish food/water in a bowl that was left for them. If your pet has an accident in a private area (a room that we were not instructed to enter, underneath furniture, or your bedding, for example) we may not have noticed as it is not our policy to inspect or disturb certain areas of your home without express instructions due to privacy concerns.
Authority to enter premise: Owner gives sitter express authority to enter the premises listed on the information sheet for the purpose of providing pet sitting, dog walking, and/or house sitting services. Owner is responsible to inform any individuals who may have access to owner’s home that sitter has the authority to be on owner’s property. Sitter is not responsible for any damage to property, pets, or persons that occurs while such an individual is at the premises or as a result of such an individual being at the premises.
In the event of inclement weather, natural disaster, or other extraordinary circumstances, sitter will use her best judgment in caring for the pet(s). Sitter will make resonable efforts to provide agreed upon services and ensure the pet’s comfort and safety to the best of thier ability. Sitter will not be liable for any damages in connection with any such decisions.
Confirmation: Recurring visits will not be confirmed. Short-term sitting will be confirmed approximately 72 hours prior to start of service. If you have not received confirmation, please contact us to confirm before you leave for your trip!
Keys and lockboxes: It is best to give the sitter two modes of entry (key, garage/door code/hidden key/emergency contact with a key). In the event that owner does not give sitter two modes of entry, Owner gives sitter the authority to make a copy of the key. This will be done at no cost to you. For vacation clients, our policy is to use a lockbox on the premises. This is to keep travel time, and therefore costs, down and to provide an alternate sitter access if your scheduled sitter has an emergency. Lockboxes will be placed on the home at the first visit and removed at the last visit. Lockboxes are property of Pompton Pet Sitters. If a lockbos is mistakenly left on your property, please contact us to remove it. Do not attempt to remove the lockbox on your own. We will not accept liability for any damage to your home as a result, and you will be charged the cost of replacing the lockbox if it is damaged.
Pet Aggression: If sitter, in its sole discretion, deems the owner’s pet poses a threat to the health or safety of the sitter or others, and the owner is not able to return home in a reasonable time to care for the pet, the pet will be placed in a boarding facility and owner will be responsible for charges. Sitter will make reasonable efforts to notify owner.
Food and Medication: Owner is responsible to provide sufficient food and medications for the duration of the contract term. If additional food or medication is needed, owner will reimburse sitter for the cost of food or medication and for time and travel to obtain same.
Lost or Injured Pet: Even with the very best care, pets may become sick, injured, or lost. In such an event, sitter will notify owner immediately if possible, or within a reasonable amount of time, after the pet’s illness, injury, or absence is discovered. Sitter will assess the circumstances and act to the best of sitter’s ability. This may include, but is not limited to, seeking emergency veterinary care, contacting owner’s emergency contacts listed on our portal, or mounting a search with other employees or non-employees for a missing pet, including posting to social media in an effort to recruit help.
Home Safety and Repair: In the event of a broken pipe, flood, electrical problem, destruction of fence, fire, or any other occurrence which sitter deems potentially dangerous to the pet or sitter, sitter will make reasonable efforts to contact owner for instructions. If unable to contact owner, sitter is authorized to make any repairs necessary for the safety of the pet or sitter. Owner agrees to reimburse sitter for any such repairs and sitter is not liable for any repairs made by others.
Payment for additional services: incurred, such as reimbursement for veterinary expenses, additional food, or added visits, should be made within 30 days of the date of service. Sitter will provide an invoice and proof of expenses if requested. An invoice will be emailed and mailed to client, and if not paid within 90 days, the client’s credit card on file will be charged for the invoice amount.
Fees: Owner understands that sitter may make changes to fees. In the event of fee changes, sitter will give owner 30 days written notice. Holiday rates are listed on sitter’s website.
Insurance and liability: Sitter will not be liable to any damage to property, pets or persons except that which arises from gross negligence or willful misconduct on the part of sitter. Sitter represents that sitter carries liability insurance. Sitter represents that, in the event an employee of sitter provides services, sitter will carry bonding against theft.
Communications: By agreeing to this agreement, owner expressly consents and opt-in to receive email and SMS message communications from Sitter at the phone number(s) and email address(es) provided on your portal account. Messaging rates may apply. Owner can opt out of either form of communication at any time by emailing info@pomptonpetsitters.com with your request. Sitter does not sell, rent, or share any of the information collected online from our customers to third-parties, except to agents or subcontractors where it is reasonably necessary to disclose such information in order to perform our services and/or create and distribute our products. Sitter may also distribute information where required to do so by law, in connection to a legal proceeding or potential legal proceeding or to establish, exercise or defend our legal rights.
Owner representations: Owner represents that all pets are current on vaccinations and do not have a history of biting or aggression. In the event that sitter is bitten or otherwise injured by owner’s pet, owner acknowledges responsibility for all medical care costs and lost wages of sitter.
Owner gives sitter permission to use images of their pets for professional promotions such as the website gallery or social media.
Termination: Either party reserves the right to terminate this contract at will. Owner agrees to pay for any services rendered at the time of termination. Sitter agrees to give 7 days’s notice or arrange for alternate pet care, if necessary.
Separation of provisions: If for any reason any provision of this agreement is determined not to be legally binding in any regard, it is the parties’ intent that it shall be deemed separable and that all other provisions be deemed binding to the greatest extent possible, and that each provision nonetheless be honored to the fullest extent possible.
This contract shall be interpreted and governed by the laws of New Jersey.
Entire agreement: This written contract represents the entire agreement between owner and sitter. Any revisions, additions or deletions to this contract must be in writing and signed by both parties, except for fee changes.

ADDITIONAL POLICIES FOR POOP SCOOPING CLIENTS ONLY

Holidays and Inclement Weather. We do not scoop on major holidays, but your service will be completed for another day the same week. Unfortunately, inclement weather can make it impossible to scoop your yard on a scheduled day, however we will attempt to reschedule as soon as weather allows. If a service is missed and weather does not permit rescheduling before your next service, you will still be charged for the first missed service as additional pet waste will have accumulated in that time. However, if we are forced to miss more than one visit due to weather, you will not be charged for any subsequent missed visits.

Pets Present. Because we cannot always predict a day/time of service, your pets are welcome to be in the yard at the time of service. If you pet is aggressive, reactive, or if you believe he will be distracting, please let us know and we will provide an estimated service window. For the safety of our staff, please keep aggressive, reactive, or excessively energetic dogs indoors during your estimated service window.

Disposal. Reusable equipment is sanitized after each visit, and disposable equipment and pet waste is double bagged and disposed of in trash cans provided by you. This is in accordance with EPA recommendations.

Cancellations. Services may be cancelled or paused at any time. Your price quote is based on the clean-up schedule agreed to, therefore missed clean-ups can result in the additional accumulation of pet waste. We request that you not pause service unless your pet will be absent from the home for an extended period. We reserve the right to asses an additional fee for extended clean-up times due to paused or cancelled services.

Separation of provisions. If for any reason any provision of this agreement is determined not to be legally binding in any regard, it is the parties’ intent that it shall be deemed separable and that all other provisions be deemed binding to the greatest extent possible, and that each provision nonetheless be honored to the fullest extent possible.

This contract shall be interpreted and governed by the laws of New Jersey.

Entire agreement. This written contract represents the entire agreement between owner and sitter. Any revisions, additions or deletions to this contract must be in writing and signed by both parties, except for fee changes.