Terms and Conditions
Current Policy:November 18th, 2020
These "Open Sky Retail, LLC" Terms and Conditions (the "Terms") apply to the website at www.openskytretail.com and all other online properties and applications (the "Site"), as well as any Products (as defined below), catalogs, retail stores, sample sales and warehouse sales operated by "Open Sky Retail, LLC", Inc., d/b/a "Open Sky Retail, LLC" ("Open Sky Retail, LLC", "we", or "us") (collectively, the "Services"). Please read these Terms carefully. By using the Services, you agree to these Terms as well as any other terms, guidelines, or rules that apply to any portion of the Services, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the Services. If you have any questions about the Terms, please contact us at Support@OpenSkyRetail.com.
We provide the Services in order to enable you to browse and purchase Open Sky Retail, LLC apparel (collectively, the "Products").
We're not responsible for which users gain access to the Services, or for any content expressed by, or practices of, any third party that you interact with through the Services. Your interactions with organizations or individuals found on or through the Services, are solely between you and such organizations or individuals, and Company is not responsible for any loss or damage of any sort incurred as the result of any such dealings.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by us. When you access third-party websites or services, you accept that there are risks in doing so, and that we are not responsible for such risks. By using the Services, you release and hold us harmless from any and all liability arising from your use of any such website or service. If there is a dispute between users, or between users and any third party, we are under no obligation to become involved.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
I. Electronic Communication
When you visit the Site, provide your e-mail address to a sales associate, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
No part of the Site is directed to persons under the age of 18, and we do not knowingly collect or solicit personally identifiable information from children under 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
If you are using the Site on behalf of a company, entity, or organization (collectively "Organization"), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
Images of people, places, and/or products posted on the Services are either the property of "Open Sky Retail, LLC" or our licensors. Unless otherwise noted, all content included as part of the Services, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with "Marks" (as defined below), "Open Sky Retail, LLC"Content") is the property of "Open Sky Retail, LLC" or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of the Services is the exclusive property of "Open Sky Retail, LLC" and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site or otherwise as part of the Services is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content of the Services only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content of the Services, please contact us at Support@OpenSkyRetail.com.
All trademarks, service marks, and trade names (collectively the "Marks") that appear as part of the Services are proprietary to "Open Sky Retail, LLC", or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of "Open Sky Retail, LLC", and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Services.
V. Limited license and site access
We grant you a limited license to use the Services for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of the Services or any of the contents of the Services; (b) modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the contents of the Services not intended to be so read. This includes using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, or transmit any of the contents of the Services (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise; or (d) use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods on the contents of the Services or to collect any information from the Services or any other user of the Services.
VI. Accounts, forms, registrations and passwords
You represent and warrant that the information you provide to "Open Sky Retail, LLC" upon creating an account on the Services and at all other times will be true, accurate, current, and complete.
To facilitate future purchases on the Site, we require you to create an account by providing an e-mail address and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify "Open Sky Retail, LLC" by e-mail to Support@OpenSkyRetail.com. You will be solely responsible for the losses incurred by Open Sky Retail, LLC and others due to any unauthorized use of your account.
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our Products, we may place limits on purchases. All orders of our Products must be for personal use only. By purchasing our Products, you hereby agree not to resell or distribute such Products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We do not authorize the purchase of commercial quantities of our Products. To that end, we also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders for Products that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of these Terms. We further reserve the right to cease doing business with customers who violate these Terms.
VIII. Fees and payments; shipping
Prices. The price for Products available for purchase through the Services will be displayed to you as part of the Services. The prices displayed do not include taxes. Any applicable taxes will be communicated to you before you place an order.
Payments. We currently use third parties to process payments. Our third-party payment processors ("Payment Processor") accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also use PayPal as a payment option on our site. You must provide current, complete, and accurate payment information in order to complete a purchase. You must promptly notify us or our Payment Processor if your payment information is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
United States Dollars. All monetary transactions related to the Services take place in U.S. dollars.
We appreciate hearing from our users and welcome your comments regarding the Services. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
X. Content you submit to Open Sky Retail, LLC
From time to time, Open Sky Retail, LLC may allow you to post reviews, comments, photos, or similar materials on the Services (collectively, "Reviews"). We welcome your comments regarding our Products and Services, including our Site. However, any Reviews you submit to Open Sky Retail, LLC must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant Open Sky Retail, LLC an unrestricted, assignable, sub-licensable, perpetual, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, "Use") all Reviews you post to the Site, for any purpose, including promoting and marketing Open Sky Retail, LLC and the Products. You further grant Open Sky Retail, LLC a royalty-free license to use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. You also hereby grant all other users of the Site an unrestricted, perpetual, royalty-free, fully paid up license to access and view your Review as permitted by the functionality of the Site. Except for materials provided to you by Open Sky Retail, LLC through the Services, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Open Sky Retail, LLC the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate, or violate the rights of any party or entity, including a third party's patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws, or other similar restrictions on nonconsensual recording, or otherwise); or (C) require Open Sky Retail, LLC to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Open Sky Retail, LLC in its sole discretion, or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
XI. Text message policy
Some of our Services may allow you to receive SMS, MMS, or other text message notifications from us (each a "Text Message"). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:
In addition to any fee of which you are notified, your mobile provider's standard messaging rates apply to our confirmation Text Message and all subsequent Text Message correspondence. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will Open Sky Retail, LLC or its affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt-out of receiving any further Text Messages from us by replying "STOP" to any Text Message you receive from us.
XII. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Open Sky Retail, LLC a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
• Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
• Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Open Sky Retail, LLC to locate the material on the Site;
• Your name, address, telephone number, and e-mail address (if available);
• 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 the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
XIII. Use of the site
You agree to use the Services only for its intended purpose. You must use the Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Services are prohibited. You may not:
• attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Services, user accounts, or the technology and equipment supporting the Site;
• frame or link to the Site without permission;
• use data mining, robots, or other data gathering devices on or through the Site;
• post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
• disclose personal information about another person or harass, abuse, or post objectionable material;
• sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
• post advertising or marketing links or content, except as specifically allowed by these Terms;
• use the Services in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to Open Sky Retail, LLC or others; or
• access the Services from a jurisdiction where it is illegal or unauthorized.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You hereby release Open Sky Retail, LLC of all claims, demands, and damages in disputes among users of the Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Services.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Services at your own risk.
You release Open Sky Retail, LLC, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
We make no promises and disclaim all liability of specific results from the use of the Services.
Released Parties Defined. "Released Parties" include Open Sky Retail, LLC and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
XV. Limitation on liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF OPEN SKY RETAIL, LLC CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Services; (ii) your use or reliance on any third-party content; (iii) your use of or reliance on any Open Sky Retail, LLC Content; or (iv) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.