terms of use

Please read this statement before using otdnyc.com (the “Website”). The Website, which includes our landing page, each of the pages comprising the Website, and all of the information and/or content contained in the Website, is directly and/or indirectly owned and operated by On This Day, LLC, a Delaware limited liability company (“OTD,” “our,” “us,” or “we”). By using and/or visiting the Website, you assent to these Terms of Use (the “Terms of Use”) and any and all other applicable OTD operating rules, policies and other supplemental terms, conditions and/or documents that may be published from time to time, including but not limited to our SMS Terms and Conditions (the “SMS Terms and Conditions”) and our Privacy Policy (the “Privacy Policy”), all of which are expressly incorporated into these Terms of Use by this reference. If you do not accept these Terms of Use without limitation and/or qualification, please do not use and/or access the Website. 

Use of the Website constitutes your acceptance of these Terms of Use without limitation and/or qualification. OTD may amend, revise and/or amend and restate these Terms of Use from time to time in its sole discretion and without prior notification, and you acknowledge that there is no consequence and/or liability to OTD in making any such changes. If OTD makes changes to these Terms of Use, it will post them here. If you use the Website after changes are posted, it means that you have agreed to the Terms of Use as changed. 

Your use and access of the Website may be monitored by OTD and we reserve the right, at any time and from time to time, to terminate and/or restrict your use and/or access to the Website. If you are accessing this Website as a representative of an organization, you expressly represent and warrant that these Terms of Use bind you and your organization. The references to “you” and “your” shall be construed to apply to you individually and your organization.

For international Website users: this Website is hosted in the United States and is intended for and directed to users in the United States. This Website may be accessed from countries outside the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all content available through the Website (the “Content”), including without limitation, all text, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and any Content provided by third parties is and/or may be protected by trade dress, copyright, trademark, patent, and/or various other intellectual and other proprietary rights and laws (the “Intellectual Property Rights”). Except as otherwise expressly authorized by OTD in writing in each instance, which authorization may be withheld, delayed and/or conditioned in the sole, absolute and unfettered discretion of OTD, you expressly understand, acknowledge and agree that the Content may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever (and regardless if any such activity and/or enterprise is pursued for gain, profit or other pecuniary advantage), except to the extent that such use is expressly authorized under United States copyright and other relevant laws.  Neither we nor our affiliates represent or warrant that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.

Without limiting the generality of the foregoing, nothing contained in these Terms of Use shall be construed as conferring any license or right (by implication, by estoppel or otherwise) to any of the Intellectual Property Rights of OTD or to any third party’s Intellectual Property Rights, except as expressly and intentionally authorized by these Terms of Use. Any and all rights and/or privileges not expressly provided to you under these Terms of Use are expressly reserved, without limitation and/or qualification, to OTD.

USE OF THE WEBSITE

The use of the Website is for your personal use only and may not be used for any commercial purposes whatsoever. Moreover, and without limiting the generality of the foregoing, your permission to use the Website is expressly conditioned on the agreement that you shall not, directly and/or indirectly, and/or otherwise in concert with others: (i) use the Website or any Content in a manner that is inconsistent with applicable law and/or infringes on the Intellectual Property Rights of the OTD and/or any other third party; (ii) ) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction (if any) being conducted on the Website, or with the use of the Website by any other party; (iii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the systems or networks, of OTD (and/or its affiliates) or any systems or networks connected to the Website or to OTD (and/or its affiliates); (iv) use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website; (v) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any OTD server by hacking, password “mining” or any other illegitimate means; (vi) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website; (vii) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, to its source, or exploit the Website or any products or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to OTD on or through the Website; (ix) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; and/or (x) use the Website or any content for any purpose that is unlawful or otherwise prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of OTD or others.

ELIGIBILITY FOR SITE REGISTRATION AND ACCOUNT SECURITY

You may browse the Website without registering for an account; however, you may be required to register for an account to use certain features of the Website. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you and you agree to keep any and all account information current, complete, accurate and truthful. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You agree to immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason. 

The Website has security measures in place to protect against misuse, unauthorized use and alteration of the information under our control. To the maximum extent permitted by applicable law, OTD shall not be responsible for any harm, loss, damage, liability, cost or expense (including attorneys’ fees) that you or any third party may suffer as the result of a breach of confidentiality with respect to information you transmitted to this Website.

PURCHASING PRODUCTS THROUGH THE WEBSITE; ERRORS AND INACCURACIES

We attempt to describe the products available on the Website as accurately as possible. However, please be advised that we do not represents and/or warrant that product descriptions are accurate, complete, reliable, current or error-free or that the actual look, feel and/or color of the product that you receive is what you expected. 

Your placement of an order through the Website does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it.

Except as otherwise expressly agreed to in writing in advance by OTD, the Website does not accept orders from dealers, wholesalers or other customers who intend to resell items offered on the Website. Moreover, and without limiting the generality of the foregoing, we reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided, if we believe, in our sole discretion, fulfillment will result in the violation of these Terms of Use. 

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We intend to make every effort to insure the accuracy of the Content of the Website, and when errors are discovered, we will correct them. You are advised that we reserve the right to revoke any stated offer, to correct any errors, inaccuracies or omissions, or to cancel your order, even after an order has been submitted, or after it has been confirmed or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded for the full amount of your order.

Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on the Website. All purchases from v Website are made pursuant to the terms and conditions found on this Website, including, without limitation, these Terms of Use, our SMS Terms and Conditions, and our Privacy Policy. 

Risk of loss and title for items purchased from this Website pass to the purchaser upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests to addresses outside the United States cannot be filled.

SUGGESTIONS, RECOMMENDATIONS OR OTHER FEEDBACK

Notwithstanding anything in these Terms of Use to the contrary, to the extent that you, for any reason whatsoever, contact OTD through any and all existing and/or future channels of communication to provide any suggestions, recommendations or other feedback (each, a “Contribution”) with respect to our products and/or service for any matter whatsoever, you expressly understand and agrees  that (i) OTD is not under any obligation of confidentiality with respect to said Contributions; (ii) OTD may use or disclose (or choose not to use or disclose) said Contributions for any purpose and in any way; (iii) OTD shall be deemed to be the owner of said Contributions; and (iv) you are not entitled to any compensation or reimbursement of any kind from OTD under any circumstances for said Contributions. If OTD is not deemed to be the sole and exclusive owner of said Contributions, then to the maximum extent permitted by applicable law, you hereby grant to OTD an irrevocable, royalty-free, worldwide, transferable, sub-licensable and perpetual license to use or incorporate said Contributions into any products and/or services that OTD offers and/or may offer and/or any other Intellectual Property Rights of OTD.

INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

LINKING TO THIS WEBSITE

Creating or maintaining any link from another website to any page on this Website without the prior written permission of OTD is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without the prior written permission of OTD is prohibited. Any permitted links to this Website must comply with these Terms of Use as well as all applicable laws, rule and regulations. OTD has not reviewed all of the sites linked to this Website and is not responsible for the privacy practices or the content of any off-website pages or any other websites linked to this Website, whether or not they are affiliated with OTD. That another website is linked to this Website does not constitute endorsement by rag & bone of the owner of the other site, the content of its site, or its products or services. 

LINKS TO OTHER SITES

The Website may provide links to other sites and/or resources, including advertisers, over which the Company has no control. These links are provided solely as a convenience to you and should not be construed as an endorsement by the Company of content, items, or services on such websites. Your access to and use such other websites, including the use of content, items or services on those sites, is solely at your own risk. The Company makes no representations or warranties with respect to the content, ownership or legality of any linked websites and you acknowledge that the Company has no responsibility or liability whatsoever for the availability of such other sites or resources, or for any content, advertising, items or other materials available through such other websites or resources. You understand that once you leave the Website  via a link to another website, you will be subject to the terms of use and privacy policy of such other website.

DISCLAIMERS

WELCOME15 OFFER

15% off your first full price purchase: Offer can be redeemed at otdnyc.com and in OTD retail locations. To redeem online, enter WELCOME15 code at checkout. Offer is valid on a single full-priced transaction before tax. Offer is not redeemable for cash, is not valid on previous purchases and cannot be combined with any other promotions/offers/savings including employee discounts. Limit one per customer. Offer is non-transferable. Offer not valid on sale merchandise, Jewelry or Hanro styles. Offer valid in the US only. Additional exclusions may apply. If you have any questions about this offer, please contact help@otdnyc.com. 

OTD15 OFFER

15% off your first full price purchase: Offer can be redeemed at otdnyc.com only. To redeem online, enter OTD15 code at checkout. Offer is valid on a single full-priced transaction before tax. Offer is not redeemable for cash, is not valid on previous purchases and cannot be combined with any other promotions/offers/savings including employee discounts. Limit one per customer. Offer is non-transferable. Offer not valid on sale merchandise, Jewelry or Hanro styles. Offer valid in the US only. Additional exclusions may apply. If you have any questions about this offer, please contact help@otdnyc.com. 

INFORMATION DISCLAIMER
THE COMPANY DOES NOT REPRESENT OR WARRANT THE ACCURACY AND COMPLETENESS OF ANY INFORMATION PROVIDED ON THIS WEBSITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY AND ITS AGENTS HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY CONSEQUENCE TO YOU THAT MAY ARISE FROM AND/OR RELATE TO, DIRECTLY OR INDIRECTLY, ANY ACTION YOU TAKE OR REFRAIN FROM TAKING BASED ON THE CONTENT, INFORMATION, SERVICES OR OTHER MATERIAL ON THIS WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE CONTENT ON THIS WEBSITE ACCURATE, COMPLETE AND UP-TO-DATE, THE COMPANY DOES NOT GUARANTEE, AND IS NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT ON THIS WEBSITE. 

DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THIS WEBSITE
WE PROVIDE THE WEBSITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE." WE TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §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 SETTLEMENT WITH THE DEBTOR.

MOREOVER, YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR NETWORK OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY IMPLIED WARRANTY. 

LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY, OUR SUPPLIERS, ADVERTISERS AND/OR PARTNERS BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE WEBSITE TO CONFORM TO ANY APPLIABLE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

WAIVER

The failure of the Company to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce any provision of these Terms of Use nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.

INDEMNIFICATION

You agree to indemnify, defend and hold the Company, its managers, members, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, harmless from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation arising from, related to and resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) your breach of these Terms of Use; (iv) the violation by you of the rights (including, but not limited to Intellectual Property Rights) of any third party and/or (iv) your connection to the Website. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. 

APPLICABLE LAW AND VENUE

These Terms of Use and the resolution of any dispute related to them, the Website, its Content or products or services that are available through the Website shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding involving you related to these Term of Use must be brought exclusively in a federal or state court of competent jurisdiction sitting in New York and you agree to submit to the personal and exclusive jurisdiction of such courts and further agree to waive any right to dismiss or transfer the action or proceeding based on improper venue or forum non conveniens.

ENTIRE AGREEMENT: SEVERABILITY 

These Terms of Use constitute the entire agreement between you and the Company with regard to your use of and/or access to the Website, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms of Use and all such offers are hereby categorically rejected.

It is our belief that these Terms of Use do not contain any provision contrary to law. However, if any part of these Terms of Use is determined to be illegal, invalid, or unenforceable, you agree that: (i) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these Terms of Use, and (ii) the remaining parts shall be deemed valid and enforceable.

NO THIRD PARTY BENEFICIARIES

Nothing in these Terms of Use shall be interpreted or shall be construed to confer any rights or remedies on any third parties.

COPYRIGHT NOTICE

All Content included on the Website, including the web site design, software, text, graphics and images is the property of the Company and its affiliated companies or its content suppliers and is protected by the copyright laws of the United States and internationally.  The images used on this site are the property of their respective copyright owners and are used by the Company pursuant to express authorization from the copyright owners or their agents.  The content, images and software on this site may be used as a shopping resource or information for use of the Company products.  Any other use, including, the reproduction, modification, distribution, transmission, republication or display, of the content, images and software on this site is strictly prohibited.

TRADEMARKS

The trademarks of the Company (the “Trademarks”) may and/or are registered in the United States.  None of the Trademarks may be used without, in each instance, the prior written consent of the Company and/or the owners thereof.

CALIFORNIA RIGHTS; RIGHT TO OPT-OUT

You have the right under the California Consumer Privacy Act of 2018 (CCPA) to opt-out of the sale of your personal information. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. For more information on what personal data we collect and your rights under the CCPA, please read our Privacy Policy.

CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010

OTD has built its brand around the consistent production of high-quality products, and is committed to supporting and improving labor rights and working conditions across the retail and apparel industries. As a business, we have a moral responsibility to protect and care for the people who create and bring our products to our customers. OTD supports the California Transparency in Supply Chains Act of 2010, and requires all of its suppliers to prohibit the hiring of slave labor and prevent practices that could contribute to human trafficking.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

OTD respects the intellectual property of others. Pursuant to the Digital Millennium Copyright Act (“DMCA”), OTD has designated an agent (the “Copyright Agent”) to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent the written information specified below:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright                         interest;

 2. A description of the copyrighted work that you claim has been infringed upon;

 3. A description where the material that you claim is infringing is located on the site;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

OTD’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows: help@onthisdaynyc.com

Upon receipt of the written notification containing the information as outlined in 1 through 6 above, the Company will review the written notification with it legal counsel and will take such action as it, in the exercise of its sole discretion, deems appropriate which may include, but may not be limited to: (i) removing or disabling access to the material that is alleged to be infringing; (ii) forwarding the notification to such alleged infringer (“Subscriber”); or (iii) notify the Subscriber that it has removed or disabled access to the material.

ELECTRONIC COMMUNICATIONS

The information communicated on this Website constitutes an electronic communication. When you communicate with the Company through this Website or via other forms of electronic media, such as e-mail, you are communicating with the Company electronically. You acknowledge that the Company may communicate with you electronically and that any such communication, as well as, any notices, disclosures, agreements or other communications that the Company provides to you electronically, are equivalent to communications between you and the Company in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

CONTACT US

If you have any questions with respect to the Company’s Terms of USe, this Site or any of the Company’s products, you may contact the Company by telephone or email.

The Company’s address and contact information is: 176 Grand St 4th Floor New York, NY 10013. help@otdnyc.com

I HAVE READ THESE TERMS AND ANY USE BY ME OF THIS SITE SHALL CREATE A CONCLUSIVE PRESUMPTION OF MY LEGALLY BINDING AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.