Privacy Policy, Liability Disclaimer, and Terms of Service
Effective Date: May 1st, 2025
Introduction
Pine & Porch Estates (“we,” “our,” “us”) values your trust and is committed to protecting your privacy and providing a safe, professional experience during all estate sale interactions. This document outlines our Privacy Policy, Liability Disclaimer, Terms of Service, and Business Agreement terms.
Privacy Policy
Information We Collect
- Personal Information: Name, email address, phone number, and other details you provide when filling out contact or testimonial forms.
- Usage Data: Information such as your browser type, IP address, and how you interact with our website.
- Cookies and Tracking: We use cookies and tracking technologies (e.g., Google Analytics) to analyze website traffic and improve user experience. You may manage or disable cookies through your browser settings.
How We Use Your Information
- Respond to inquiries and provide customer support
- Deliver services and updates
- Send promotional materials (if opted in)
- Analyze trends to improve our website and services
Data Protection
We implement reasonable security measures to safeguard your personal information. However, no method of internet transmission or electronic storage is 100% secure.
Your Rights
You have the right to access, correct, or delete your personal data. Please contact us to exercise these rights.
Sharing Your Information
We do not sell or trade your personal information. We may share data with trusted partners who help us operate our website and conduct our business, provided they agree to keep this information confidential.
Data Retention
We retain your personal information only as long as necessary to provide services and comply with legal obligations. When data is no longer needed, we securely delete or anonymize it.
Contact Preferences
You may opt out or unsubscribe from promotional emails at any time by following the unsubscribe link in emails or contacting us directly.
Accessibility
We are committed to making our sales and website accessible to all. If you require accommodations or assistance, please contact us, and we will do our best to assist you.
Photography & Video
Photography and video may be taken during estate sales for marketing purposes. If you prefer not to be included, please notify our staff at the sale.
Liability Disclaimer
Property and Personal Liability
- During Estate Sales: While we strive to maintain a safe environment and display items with care, Pine & Porch Estates is not liable for damages to items in the home due to visitor interaction or for property damage caused by visitors.
- Visitor Safety: All visitors are expected to exercise caution. We are not responsible for injuries sustained on the premises.
Indemnification
By participating in our estate sales, you agree to indemnify and hold harmless Pine & Porch Estates, its employees, and affiliates from any claims, damages, or expenses (including legal fees) related to your use of our services.
Severe Weather and Emergency Policy
Estate sales may be postponed or canceled due to severe weather or other emergencies. We will notify clients and customers as soon as possible in such events.
Terms of Service
Services Provided
- In-home consultation
- Item organization and pricing
- Sale staging and hosting
- Marketing and customer interaction
Client Responsibilities
- Provide accurate details about items for sale
- Inform us of any changes that may impact the sale
- Ensure you legally own the items presented for sale
Limitation of Liability
We are not liable for indirect, incidental, or consequential damages arising from your use of our website or services.
Governing Law
These terms shall be governed by the laws of the State of Utah.
Updates to This Policy
We may update this policy periodically. Changes will be posted on our website with a revised effective date. Continued use of our services constitutes your agreement to the updated terms.
Business Agreement Summary
Recitals
The Estate Sale Company agrees to conduct an estate sale at the Homeowner's property under the terms set forth in the agreed Agreement.
Services Provided
- Conduct a professional estate sale.
- Organize, price, and display items for sale.
- Advertise the estate sale through appropriate channels.
- Manage the sale process, including handling transactions and customer inquiries.
Sale Dates
The estate sale will be conducted from Sale Start Date to Sale End Date. The Homeowner/Authorized Representative agrees to make the property available for all necessary preparations starting on Preparation Start Date.
Compensation
- The Estate Sale Company will receive 35% of the total gross sales from the estate sale as compensation.
- The remaining 65% will be paid to the Homeowner or their authorized representatives, minus a 3% card processing fee which covers miscellaneous wire and transaction cost, and a $400 employee management fee from the client’s portion at settlement.
- We do not guarantee an itemized list of all sales; select high-value items may be documented. A gross sales total, commission breakdown, and net payout summary will be provided after the sale.
Payment Terms
- An accounting of total gross sales will be provided within 7 days after the sale.
- Payment to the Homeowner will be made within 7 to 14 days after the sale.
- Expidited requests can be made based on requested payment method but not guarenteed to be sooner than 7 to 14 days after the sale.
Responsibilities
- Estate Sale Company: Responsible for pricing, advertising, and conducting the sale.
- Homeowner/Authorized Representative: Responsible for providing property access, necessary permissions, and any specific instructions.
Termination Clause
The Agreement may be terminated by either party with 3 days' written notice. If the Homeowner terminates after work has begun, a $400 employee management fee is due within 10 business days. The remaining amouunt will be split as agreement states.
Liability
The Estate Sale Company is not liable for loss or damage to items before, during, or after the sale, except in cases of gross negligence.
Sale of Title Items
- The Homeowner certifies legal right to sell all Title Items and must provide necessary documentation for transfer.
- The Homeowner assumes all responsibility for liens or claims on Title Items; the Estate Sale Company is not liable for related legal issues.
- If clear title is not provided, the Estate Sale Company may refund buyers and repossess items without liability.
- The Homeowner is responsible for HOA or neighborhood sale permissions.
Miscellaneous
- Confidentiality of the Agreement terms is required.
- All items sold "as-is" with no warranties on condition or value.
- Force majeure clause for events beyond control (natural disasters, war, etc.).
- Disputes will be attempted to be resolved by mediation before legal action.
- Written notices must be delivered personally, by certified mail, or email.
- If any provision is invalid, the rest remain effective.
- Governing law: State of Idaho and Utah.
- This Agreement supersedes all prior agreements.
Contact Us
If you have questions, please contact us.
