The Open Sky Group, LLC, including its affiliates (”Open Sky Group”, “Company”, “we”, “us”, or “our”) is committed to maintaining robust privacy protections for you, whether personally or on behalf of an entity (“you” or “user”).
Children under the age of 13 are not eligible to use the Site, and we ask that they do not submit any personal information to us. Children between the ages of 13 and 18 may only use the Site in conjunction with and under the supervision of, their parents or guardians.
I. INFORMATION WE COLLECT
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit, and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email, phone number, address, and any other information you submit to us through the Site. We collect information related to you for the purpose of carrying out the Services. This information includes but is not limited to your name, email, password, activity, platform usage, and assessment information.
Some users may not know that cookies are being placed on their computers when they visit websites. If you want to know when this happens or to prevent it from happening, you can set your browser to advise you when a website attempts to place a cookie on your computer.
II. HOW WE USE AND SHARE INFORMATION
Information attained from this site is used for communication of information requested, to support your interaction with our site and to contact you again about other services and information we offer. If there is an instance where such information may be shared, the visitor will be asked for permission beforehand.
The Company’s intention is not to seek any sensitive information through our Site unless legally required for recruiting purposes. Sensitive information includes types of data relating to race or ethnic origin; political opinions; religious or other similar beliefs; trade union membership; physical or mental health; sexual life or criminal record. We suggest you do not provide sensitive information of this nature.
If you choose to provide information to us through our online registration, you may be asked to provide us with personal information, including your name, address, postal address and telephone number, your e-mail address, a password, and other identifying information (such as your mother’s maiden name, city of birth, or pet name). If you choose to purchase a product or service from us, we will collect additional personal information, including your billing address, shipping address, and credit card number and expiration date to process your purchase properly. We also may ask you for personal information when you ask us for information, subscribe to a Company service or publication, or download information.
Your personal information enables us to provide you with the information you have requested, provide you with information regarding the status of your assets and transactions, fulfill your purchases, and provide you with information regarding future products and services that may suit your particular interests. We also use your personal information to help identify you if you lose your password and to help you quickly find information on the Site.
As a user, you have the right to request access to personal information obtained and collected by the Site. Furthermore, you have the right to request personal information to be corrected. If you believe that any of your personal information is incorrect or has been changed since your registration at the Site, please click here https://www.openskygroup.com/contact, explain the correction or change and provide any relevant confirmation or reference number.
We may send you offers and information related to our Services from which you may opt out via the unsubscribe function in the email. We may also send you important account related information, from which you cannot opt out.
The Company contracts with a third party to maintain and host the Site and the Services. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by this third-party host. The third party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use.
III. HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Services, you acknowledge that you understand and agree to assume these risks.
IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
V. CUSTOMER DATA
“Customer Data” means all information processed or stored on the Service by Customer or on Customer’s behalf, as well as any information derived from such information. Customer Data includes, without limitation: (1) information provided on the Service; (2) information provided to Open Sky Group by other users or by other third parties; and (3) personally identifiable information from such customers, users, or other third parties.
(a) Access, Use, & Legal Compulsion. Unless it receives Customer’s prior written consent or unless outlined elsewhere in this policy, Open Sky Group:
• shall not access, process, or otherwise use Customer Data other than as necessary to facilitate the Services;
• shall not give any of its employees access to Customer Data except to the extent that such individual needs access to facilitate performance under this Agreement and is subject to a reasonable written nondisclosure agreement with Open Sky Group protecting such data, with terms reasonably consistent with those of this Section; and
• shall not give any third-party access to Customer Data. Notwithstanding the foregoing, Open Sky Group may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Open Sky Group shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.
(b) Customer’s Rights. Unless otherwise stated in this Agreement, Customer possesses and retains all right, title, and interest in and to Customer Data, and Open Sky Group’s use and possession thereof is solely on Customer’s behalf.
V. LINKS TO OTHER WEBSITES
VII. CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may have additional privacy rights. For a complete discussion of such rights, please see our California Rights and Disclosures.
VIII. CUSTOMERS OR USERS OUTSIDE OF THE UNITED STATES
If you a resident of a jurisdiction located outside of the United States, please see our European Economic Area and other Non-U.S. Jurisdictions Disclosures.
IX. CONTACT US
The Open Sky Group, LLC Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The Open Sky Group, LLC (the “Company”) owns and operates https://www.openskygroup.com (the “Website”). By using the Website, you signify your assent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, do not use the Website. The Company may revise and update these Terms and Conditions of Use at any time. Please continue to review these Terms and Conditions of Use periodically. Your continued usage of will mean you accept any revisions to the Terms and Conditions of Use.
1. Use of Content.
a. The Website contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. The Website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Company and third party content providers also own (or have the right to use) copyrights in the content original to them. Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws. Content and features, including without limitation product pricing and availability, are subject to change or termination without notice in the sole discretion of the Company. Content may contain technical inaccuracies or typographical errors. All rights not expressly granted herein are reserved to the Company and its licensors.
b. Copyrighted material may be viewed and downloaded but not sold or modified or otherwise hosted on any other website without the express and written permission of Open Sky Group.
c. If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
2. Use of the Website.
a. In your use of the Website, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (a) use the Website for any purpose in violation of local, state, national, or international laws, (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Content or use, redistribute, republish, or exploit the Content for any further commercial or promotional purposes, (c) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity, or contractual rights, (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website, (e) interfere with, interrupt, damage, disable, overburden, or impair the Website, the Content, or the services made available on or through the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology, (f) attempt to gain unauthorized access to other computer systems through the Website, or (g) assist any third party in doing any of the foregoing.
b. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
3. The Company Accounts.
a. In order to access some features of the Website, you may have to register for one or more Company accounts. When registering, you must provide accurate and complete information. You may never use another’s account without permission. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of your Company account and password; (3) promptly inform the Company of any need to deactivate a password. You grant the Company and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Company tools and services. You must notify the Company immediately of any breach of security or unauthorized use of your account.
b. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
a. The use of the Website and the Content is at your own risk.b. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Company and its suppliers. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
c. The Website and the Content are provided on an “as is” basis. THE COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, the Company, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Website.
d. IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. TEN DOLLARS ($10.00). THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF USE.
6. Rights Reserved. The Company reserves the right to refuse service, terminate your account or your access to the Website or any of the Website’s services or features, and/or cancel orders in its sole discretion, including, without limitation, if the Company believes that customer conduct violates applicable law or is harmful to the interests of The Company.
7. Links to Other Websites. THE COMPANY MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY WEBSITES, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THEIR CONTENT OR ACCURACY. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY LIABILITIES THAT YOU MAY INCUR WITH ANY OF THESE THIRD-PARTY WEBSITES OR VENDORS. PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR PURCHASE OF GOODS FROM A THIRD PARTY.
8. Product Orders. The Company is constantly improving its information, products and services. Consequently, the Company cannot and does not guarantee the accuracy or completeness of the information, including prices, specifications, availability, and services, on the Website. Any pricing information displayed on the website are subject to change at any time.
9. Online Payments.
a. To the extent you utilize the Company’s online payment services, you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the online payment services. You agree to assume all risk and liability arising from your use of the Company’s online payment services, including the risk of breach in the security of the communications or transactions you conduct with the Company online. THE COMPANY’S ONLINE PAYMENT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. You are solely responsible for maintaining the confidentiality of your password, if any, and agree that the Company will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, contact us immediately. If you use a third party vendor (or distributor) to submit payment to Company and you disclose to such vendor your username, password, and/or account number, the Company will not be responsible for the accuracy and timeliness of processing your payment.
d. By accepting these terms and conditions, you acknowledge that the Company may initiate an ACH debit or credit card debit to the payment account(s) that you have provided.
10. Indemnity. You agree to defend, indemnify, and hold the Company, its officers, managers, members, employees, agents, licensors, advisors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees resulting from or alleged to result from: (i) your use of and access to the Website; or (ii) your violation of any term of these Terms and Conditions of Use. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.
a. The Company is based in North Carolina in the United States of America with principal offices in Fuquay-Varina, NC. The Company makes no claims that the Website and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
b. The following provisions survive the expiration or termination of these Terms and Conditions of Use for any reason whatsoever: Liability, User Submissions, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.
a. You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Website, resides in the courts of Wake County, North Carolina, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
b. These Terms and Conditions of Use are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
13. Complete Agreement.
14. Arbitration And Class Action Waiver.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT TO ARBITRATE DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCE.
WITHOUT LIMITING THE FOREGOING, THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Thank you for your cooperation. Questions or comments regarding the Website should be submitted here.
The Open Sky Group, LLC Legal Terms
The Open Sky logo and tagline are trademarks of The Open Sky Group, LLC.
The Open Sky Group, LLC is a company providing consulting services for RedPrairie® Supply Chain Software Solutions now owned by JDA Software Group, Inc. RedPrairie® is a registered trademark of JDA Software Group, Inc..