PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). All users of this Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site.
Copyright
The entire content included in this Site, including but not limited to text, graphics, video or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The OpenSky Project, Inc. (“OpenSky”). The collective work includes works that are licensed to OpenSky. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with OpenSky or purchasing products available on the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with OpenSky or to purchase products available on this Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by OpenSky. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
Trademarks
All trademarks, service marks and trade names of OpenSky used on the Site are trademarks or registered trademarks of OpenSky. All other trademarks, service marks and trade names are the trademarks, service marks and trade names of their respective owners.
Eligibility
The Site and products and services available through the Site are available only to, and may only be purchased or used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. OpenSky may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Warranty Disclaimer
This Site and the materials and products offered on this Site are provided "as is" and without warranties of any kind, whether express or implied. All warranties with respect to merchandise purchased through the Site are from the supplier of the merchandise and not from OpenSky; such supplier is solely responsible for any warranty claims or returns. To the fullest extent permissible pursuant to applicable law, OpenSky disclaims all warranties, express or implied,including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. OpenSky does not represent or warrant that the functions contained in this Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes this Site available are free of viruses or other harmful components. OpenSky does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
IN NO EVENT SHALL OPENSKY, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SELLERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST OPPORTUNITIES, BODILY INJURY OR EMOTIONAL DISTRESS. OPENSKY’S LIABILITY, AND THE LIABILITY OF OPENSKY’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SELLERS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO OPENSKY IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Typographical Errors
In the event that a product listed on this Site is mistakenly listed at an incorrect price, OpenSky reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. OpenSky reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, OpenSky shall issue a credit to your credit card account in the amount of the incorrect price.
Risk of Loss
All items purchased through the Site are made pursuant to a shipment contract with the supplier. This means that the risk of loss and title for such items pass to you upon delivery OpenSky’s supplier to the carrier.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. You may terminate your account by removing your information from the “My Account” portion of the Site and by ceasing access to and use of the Site. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notices
Please review OpenSky’s policies, such as the Privacy Policy, posted on this Site. These policies also govern your visit to the Site. OpenSky reserves the right to alter this these terms and conditions or other policies regarding use of the Site at any time, so please review them frequently. If OpenSky makes a material change OpenSky will notify you here, by email, by means of a notice on the home page, or other places OpenSky deems appropriate. What constitutes a "material change" will be determined at OpenSky in its sole discretion, in good faith, and using common sense and reasonable judgment.
OpenSky may deliver other notices to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to OpenSky. You may provide notices to OpenSky via email at help@opensky.com, via telephone to OpenSky’s Customer Service line 1-(877) 734–OPEN, or via mail addressed to: The OpenSky Project, Inc., ATTN: Customer Service, 18 West 18th Street, 9th Floor, New York, New York 10011.
When you visit the Site or send e-mails to OpenSky, you are communicating with OpenSky electronically. You consent to receive communications from OpenSky electronically. OpenSky 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 OpenSky provides to you electronically satisfy any legal requirement that such communications be in writing.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, comments, posts or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an OpenSky employee, supplier, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing of intellectual property rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. Be thoughtful, considerate, and respectful of others in your posts.
Account
You must keep your account information up-to-date and accurate at all times, including a valid email address. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify OpenSky of any unauthorized use of your password or any breach of security. You also agree that OpenSky cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than OpenSky without OpenSky’s express written permission.
Participation Disclaimer
OpenSky does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, OpenSky is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities of others on the Site. However, OpenSky reserves the right, but not the obligation, to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to OpenSky in its sole discretion. If you believe that any of the content on the Site violates your rights, please contact OpenSky at the address specified above, and follow OpenSky’s Copyright Policy.
Indemnification
You agree to indemnify, defend, and hold harmless OpenSky, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
Third-Party Links
In an attempt to provide increased value to Site visitors, OpenSky may link to sites operated by third parties. However, even if the third party is affiliated with OpenSky, OpenSky has no control over these linked sites, all of which have separate privacy and data collection practices, independent of OpenSky. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, OpenSky seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only the Site, but for sites it links to as well (including if a specific link does not work).
Miscellaneous
Your use of this Site and these terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, applicable to Agreements performed entirely in the State of New York without regard to principles of conflicts of laws. Neither the U.N. Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to these terms and conditions. If a dispute arises out of or relates to this Agreement, or its breach, and if the dispute cannot be settled through negotiation, both parties agree that any such dispute, controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The fees of arbitration shall be borne equally by OpenSky and you and each party shall pay its own attorneys’ costs and fees. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of products available on the Site) must be commenced within one (1) year after the claim or cause of action arises. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. OpenSky’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. OpenSky may assign its rights and duties under this Agreement to any party at any time without notice to you.
Credits
If You use scripts, bots or any fraudulent means to obtain credits, including but not limited to setting up fake accounts or creating more than one account per household, those credits will not be honored and OpenSky MAY PROSECUTE YOU TO THE FULL EXTENT OF THE LAW. If credits are granted as a result of you purchasing a product and you cancel that order, your credit will be revoked. If credits are granted as a result of you purchasing a product and then you return that item, your refund will be the difference minus the credit you obtained from purchasing that product. Moreover, if you attempt to obtain credits by placing orders and then canceling or returning those or parts of those orders, your credits will not be honored.