1st Sky OMA

temperature icon 32°F

TERMS OF SERVICE

Terms of Service

Effective Date: September 1, 2024

Welcome to 1st Sky Omaha Corp. (“we,” “our,” or “us”). By accessing or using our website www.1stSkyOmaha.com (the “Site”) and purchasing products from our online store, you agree to be bound by the following Terms of Service (the “Terms”). Please read these Terms carefully before using our Site or placing an order.

 

1. Acceptance of Terms

By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Site or purchase any products from us.

 

2. Eligibility

To use our Site and make purchases, you must be at least 18 years old or the legal age of majority in your jurisdiction. By using our Site, you represent and warrant that you meet these requirements.

 

3. Account Registration and Profile Creation

To access certain features of the Site, such as creating a profile, commenting on stories, and managing memberships, you may need to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information.
  • Update your information as necessary to maintain its accuracy.
  • Choose a secure password and keep it confidential.

You are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, notify us immediately at support@1stSkyOmaha.com.

 

4. Commenting on Stories

Our Site may allow you to comment on stories and participate in discussions. By posting comments, you agree to the following:

  • You will not post content that is unlawful, offensive, defamatory, or otherwise inappropriate.
  • You will respect the opinions of others and engage in discussions in a respectful manner.
  • You grant 1st Sky Omaha Corp. a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, reproduce, and distribute your comments on our Site and other platforms.

We reserve the right to remove or edit any comments that violate these Terms or our community guidelines.

 

5. Sharing and Republishing Content

Sharing Content: You are encouraged to share content from our Site using the social media sharing tools provided. When sharing content, you agree to attribute the content to 1st Sky Omaha Corp. and include a link back to the original page on our Site.

Republishing Original Content: If you wish to republish any original content from our Site, you must obtain our written permission. Please contact us at support@1stSkyOmaha.com with your request. Republishing without permission is strictly prohibited and may result in legal action.

 

6. Recurring Payments for Memberships

Membership Subscriptions: We offer membership plans that grant you access to exclusive content, benefits, and other features. By subscribing to a membership, you agree to the following:

  • You will provide a valid payment method and authorize us to charge the applicable membership fees on a recurring basis.
  • Membership fees are billed in advance on a monthly or annual basis, depending on the plan you choose.
  • You may cancel your membership at any time by accessing your account settings or contacting us at support@1stSkyOmaha.com. Cancellations will take effect at the end of the current billing period.

Refund Policy: Membership fees are non-refundable, except as required by law. If you cancel your membership, you will continue to have access to membership benefits until the end of the current billing period.

Failed Payments: If we are unable to process your payment, we may suspend or terminate your membership. You will be notified of any payment issues and given an opportunity to update your payment information.

 

7. Orders and Payments

Order Acceptance: All orders placed through our Site are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including, but not limited to, product availability, errors in product or pricing information, or issues with payment processing.

Pricing and Payment: All prices listed on our Site are in U.S. dollars and are subject to change without notice. We accept major credit cards and other payment methods as indicated on the Site. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

Taxes: Applicable sales tax will be added to your order based on your shipping address and the tax rate in effect at the time your order is placed.

 

8. Shipping and Delivery

Shipping: We offer shipping to locations within the United States. Shipping fees and delivery times vary based on your location and the shipping method selected at checkout. We are not responsible for delays caused by shipping carriers.

Risk of Loss: All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

9. Returns and Refunds

For information about returns and refunds, please review our Refund and Returns Policy [Include link to the refund and returns policy on your website].

 

10. Intellectual Property

All content on the Site, including text, graphics, logos, images, audio clips, video, software, and other materials (collectively, the “Content”), is the property of 1st Sky Omaha Corp. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

License to Use Content: You are granted a limited, non-exclusive, non-transferable license to access and use the Site and its Content for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works of any Content without our express written permission.

 

11. User Conduct

You agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable laws.
  • Post, transmit, or otherwise make available any content that is false, misleading, or harmful to others.
  • Interfere with the operation of the Site or disrupt the servers or networks used to make the Site available.
  • Attempt to gain unauthorized access to the Site or any part of it, including accounts, computer systems, or networks.

 

12. Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by 1st Sky Omaha Corp. We are not responsible for the content, privacy practices, or terms of use of any third-party websites or services. We encourage you to review the terms and policies of any third-party sites you visit.

 

13. Disclaimers and Limitation of Liability

Disclaimer of Warranties: The Site and its Content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components.

Limitation of Liability: To the fullest extent permitted by law, 1st Sky Omaha Corp. and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Site or these Terms, even if we have been advised of the possibility of such damages.

 

14. Indemnification

You agree to indemnify, defend, and hold harmless 1st Sky Omaha Corp. and its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

 

15. Termination

We may terminate or suspend your access to the Site, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

 

16. Governing Law

These Terms shall be governed by and construed under the laws of the State of Nebraska, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Omaha, Nebraska.

 

17. Changes to These Terms

We reserve the right to modify or update these Terms at any time, in our sole discretion. We will notify you of any significant changes by posting the new Terms on our Site with the updated effective date. Your continued use of the Site after the posting of changes constitutes your acceptance of such changes.

 

18. Contact Us

If you have any questions or concerns about these Terms, please contact us at: