Harper + Scott Delta Shop Terms and Conditions of Use  

We are pleased to welcome you to https://shop.delta.com (the “Website” or the “Site”). These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Website. Harper + Scott, in partnership with and Delta Air Lines (collectively, “Harper + Scott”), operates an online retail store from which registered website users can view and purchase products from us (the “services”). In these Terms of Use, the words “you” and “your” refer to each customer, user, site guest, or visitor, and “we,” “us,” and “our” refer to Harper + Scott, Delta Air Lines, their respective subsidiaries, successors in interest, and assigns, and https://shop.delta.com. 

Please read these Terms of Use carefully before using this Website, as they constitute a binding legal agreement. By using the Website and/or registering for an account, you acknowledge and agree that you are legally bound by these Terms of Use. 

This Website is operated from within the United States and is intended primarily for users in the United States. If you choose to access this Website from outside the United States, you do so at your own initiative and are responsible for ensuring compliance with any applicable local laws. Access to certain products, services, or features on this Website may be restricted in some regions based on local regulations. 

Consent to Terms and Conditions 

By using the Website and/or registering for an account, you agree that you have read and understood the Terms of Use, agree that you will comply with the same for as long as you use the Website and represent your acknowledgement that you are legally bound by them.   

Use of the Site 

Access to, distribution and/or use of the Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.  Each time you visit any area on the Website and/or register for any interactive functionality of the Site, you are deemed to have confirmed your acceptance to these Terms of Use and the Site’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website. 

By having accepted these Terms of Use, and/or entering and participating in the activities offered on the Site, you affirm, represent and warrant that:  (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation. 

Changes to the Terms of Use 

From time to time, these Terms of Use may change.  Harper + Scott reserves the right to modify these Terms of Use without prior individual notice.  We will post changes to the Terms of Use on the Site and changes will become effective once posted.  Your continued access to or use of the Site will be deemed as acceptance by you of the then-current Terms of Use.  Please review these Terms of Use often so that you will remain abreast of our current policies. 
 
Harper + Scott will notify users of significant changes to these Terms by posting a prominent notice on the Site and, if feasible, by email notification. 

Ownership of the Website 

Harper + Scott and Delta Air Lines owns, licenses and/or has the right to use this Website and all intellectual property rights to the same, including but not limited to the intellectual property owned by us and/or third party vendors (“Vendors”) who have granted Harper + Scott the right to use their intellectual property on the Website (collectively, “Materials”). Made hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Harper + Scott’s intellectual property rights in the Materials. 

You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Harper + Scott,  and/or Vendors (collectively, “Harper + Scott’s intellectual property”) or of Delta Air Lines in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Harper + Scott’s or Delta Air Lines' respective advance written consent (which shall not be effective unless signed by an officer of the company). 

Except as otherwise indicated on this Site, copying, reproducing, uploading, downloading, transmitting or any other use of this Site or of any of the Materials, in whole or part, without the express permission of Harper + Scott, is prohibited. Any unauthorized access to, use or copying of this Site and/or the Materials may subject you to liability under applicable law, and may result in legal action. 

Provision of the Services by Harper + Scott 

Harper + Scott is committed to providing the best possible experience for its users. You acknowledge and agree that the form and nature of the services provided by Harper + Scott may change from time to time without prior notice to you. As part of this continuing innovation, Harper + Scott may stop (permanently or temporarily) providing certain services or features at its sole discretion. 

Harper + Scott reserves the right to deactivate or restrict your account access if, in its sole discretion, there is reasonable belief that you are in violation of any of these Terms of Use, have engaged in unlawful activities, or have otherwise misused the services. Wherever feasible, Harper + Scott will attempt to provide notice prior to deactivation. However, immediate deactivation without notice may occur in cases of suspected fraud, unlawful activity, or other urgent security concerns. 

Purchasing From the Site 

All payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Shopify. Please review carefully the terms and conditions of use on the Shopify website. Harper + Scott and Delta Air Lines are not liable to buyers for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Shopify terms. 

Please review Shopify’s Terms of Use and Privacy Policy, which govern all transactions on this site 

Shipping/Cancellation 

For information on our shipping, processing times, and cancellation policies, please review our Shipping Policy. This policy provides detailed information on order fulfillment, estimated delivery times, shipping costs, and conditions under which orders can be canceled or modified. 

Please note that by placing an order, you acknowledge and agree to the terms outlined in our Shipping Policy. We encourage you to review this policy carefully before making a purchase, as it is subject to periodic updates to reflect changes in our shipping practices. 

Resolving Disputes 

If you have a dispute with Harper + Scott relating to the Website or our services, please contact us at shopdelta@harperandscott.com to attempt to resolve it directly with us. If we cannot resolve the dispute, these Terms of Use will govern any legal dispute involving the Website and our services. 

Except where prohibited by law, all disputes arising out of or related to these Terms or your use of the Website will be resolved through binding arbitration administered by the American Arbitration Association, according to its then-current rules, and will take place in New York, New York. By agreeing to these Terms, you waive your right to bring any dispute in court, except as specified below. 
 
For California Residents Only 

California Residents’ Right to Opt-Out: California residents have the option to opt out of mandatory arbitration within 30 days of accepting these Terms. To opt out, you must notify us in writing by sending an email to shopdelta@harperandscott.com with your name, address, and a statement indicating that you wish to opt out of arbitration. California residents who opt out retain the right to pursue claims in small claims court if the claim qualifies. 

Please note that opting out of arbitration does not affect any other provisions of these Terms, including the waiver of class actions. 

 

Use in the United States 

This Website is intended for use within the United States, and we control and operate the Website from the United States.  We make no representation that materials on the Site are appropriate or available for use outside the United States.  If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

Use in California 

California Residents' Rights 

In accordance with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), California residents have specific rights regarding their personal information. These rights include the right to request the disclosure of personal data collected, request deletion of personal data, and the right to opt out of the sale of personal data. California residents also have the right to correct inaccurate personal information. 

To exercise any of these rights, please refer to our Privacy Policy or contact us directly at shopdelta@harperandscott.com.

Shine the Light Law 

Under California's Shine the Light Law, California residents may request information about how their personal information is shared with third parties for direct marketing purposes. If you are a California resident and would like to request this information, please contact us at shopdelta@harperandscott.com. We will provide you with a list of third parties with whom we have shared your information for direct marketing purposes during the previous calendar year, if applicable. 

Do Not Track (DNT) Signals 

California law requires businesses to disclose how they respond to Do Not Track (DNT) signals. Currently, we do not honor DNT signals. If you wish to disable tracking, you can manage your preferences through your browser settings or use third-party tools designed to block online tracking. 

Data Breach Notification Law 

In the event of a data breach, California’s Data Breach Notification Law mandates that we notify California residents whose personal information may have been compromised. If you are a California resident and we determine your information has been affected by a breach, we will notify you in accordance with California law. 

Links 

The Website may contain links to other applications, websites and social media features (collectively, “websites”) that are not controlled and/or maintained by Harper + Scott. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links, Harper + Scott shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Harper + Scott is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations.  Moreover, such other websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them. 

User Responsibilities 

Clarification of Prohibited Activities: Users agree to refrain from engaging in any activity that violates local, state, or federal laws, including but not limited to those pertaining to consumer protection, privacy, and data security.  

Specific to California 
 
Specifically, users must comply with all applicable data protection laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), and must ensure the safeguarding of personal and sensitive information in accordance with these laws. 

User Conduct 

In connection with your use of the Website, you may not and you agree that you will not: 

• Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations 

• Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Site 

• Use the Site, Material and content on the Site (collectively, “Content”) for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Harper + Scott endorsement, partnership or otherwise misleads others as to your affiliation with Harper + Scott 

• Copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Use; 
  infringe the rights of Harper + Scott, Vendors, or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights 

• Interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology 

• Register for more than one account or register for a Harper + Scott account on behalf of an individual other than yourself 

• Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity 

• Engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Site 
   

Limitation of Liability and Warranty and Use Disclaimer 

Harper + Scott endeavors to make sure that all information and data it originates on the Website is accurate.  However, Harper + Scott is not responsible for any damages or loss related to the use of this Website.  

THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED.  THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON.  ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING.  HARPER + SCOTT RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES. 

UNLESS PROHIBITED BY LAW, HARPER + SCOTT (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), DELTA AIR LINES (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), AND ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE (COLLECTIVELY, THE “RELEASED PARTIES”), SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. 

TO THE FULLEST EXTENT PERMITTED BY LAW THE RELEASED PARTIES MAKE NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE; AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF HARPER + SCOTT’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE. 

Harper + Scott is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy. 

Indemnity 

To the fullest extent permitted by law, and except where limited by applicable law, users agree to indemnify, defend, and hold harmless the Released Parties and each of their respective parents, subsidiaries, and affiliated entities as well as their respective furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees, and partners, from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including but not limited to attorneys’ fees) incurred or brought against any of them by a third party arising from or in connection with: (i) your breach or alleged breach of any representations and/or warranties in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. This indemnity obligation applies except where limited by applicable law, including state laws that may restrict or limit indemnification. Your representations, warranties, and obligation to indemnify the Released Parties shall survive the termination of these Terms of Use. 

 

Electronic Communications 

When you communicate with Harper + Scott electronically, via e-mail or otherwise, you consent to receive electronic communications from Harper + Scott.  You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Harper + Scott satisfy any legal requirement that such communication be in writing.  Harper + Scott encourages you to retain your own copies of relevant information; however, upon your written request, Harper + Scott will provide you with a copy of the information you provided to Harper + Scott when creating your Account. Please see our Privacy Policy concerning providing information to Harper + Scott, your consent to receiving information from Harper + Scott, your ability to withdraw such consent, and Harper + Scott’s obligations with respect to maintaining and/or returning any information you have provided to Harper + Scott.  To request a copy of information you provided to Harper + Scott, please contact us at shopdelta@harperandscott.com. 

With respect to all communications you make to Harper + Scott directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Harper + Scott shall have no obligation to protect your communications from disclosure; (ii) Harper + Scott  shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Harper + Scott shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you. 
 
You may withdraw consent for electronic communications by contacting us at shopdelta@harperandscott.com. 

Acquisition of Business 

In the event that Harper + Scott or an affiliate or Harper + Scott  is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Harper + Scott  goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Harper + Scott may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.  

Contact Us 

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at shopdelta@harperandscott.com. 

Copyright Infringement - Notice and Take-Down Policy 

Harper + Scott values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others.  If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Harper + Scott in writing as follows: 

Electronic Mail Address: shopdelta@harperandscott.com 

In your notice, you must include the following: 

• A physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner 

• Identification of the copyrighted work(s) that is (are) allegedly being infringed 

• Identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Harper + Scott to locate such materials 

• Contact information (e., name, address, email address) sufficient to enable Harper + Scott to contact you 

• A statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law 

• 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 the exclusive right that is allegedly being infringed 
   

U.S. Export Controls 

Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable.  Downloading or using the Software is at your sole risk.  

Disputes and Governing Law 
INCLUDES CALIFORNIA LAW LANGUAGE 

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York, without regard to its conflict of law principles, except where California laws apply for California residents, in which case, California law shall govern to the extent required by applicable California law. In the event that any portion of these Terms of Use is deemed unenforceable, unlawful, or void by a tribunal of competent jurisdiction in any jurisdiction, unless narrowed by construction, such portion shall be construed as if it had been more narrowly tailored to remain enforceable. If modification is necessary to achieve enforceability, the tribunal shall have the authority to make such modifications. Any invalidation or modification shall apply solely in that jurisdiction, without affecting the remaining provisions or the enforceability of these Terms elsewhere. 

Except where prohibited by law, you agree that any disputes arising from or connected to this Website shall be resolved individually, without resort to class actions, and exclusively by final and binding arbitration in New York, within one year from the date the cause of action arose, pursuant to the prevailing rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction, and, unless prohibited by law, no arbitration hereunder shall be joined with another action or arbitration. Arbitration differs from court proceedings, as it does not involve a judge or jury and is subject to limited review, though an arbitrator can award the same damages as a court. By accepting these Terms, you waive your right to a court trial, including a jury trial, except as allowed under AAA’s Consumer Due Process Protocol, which permits certain claims in small claims court. 

Unless prohibited by law, you waive all rights to claim punitive, incidental, consequential, or indirect damages, including multiplied damages and attorney’s fees, arising from disputes related to this Website or its content. If such waiver is deemed unenforceable, you agree that any recovery shall be limited to your actual out-of-pocket costs, excluding attorney’s fees and court costs. 

Notwithstanding any provision in these Terms of Use, Harper + Scott reserves the right to seek injunctive or other appropriate relief at any time in any state or federal court in New York, or any other court of its choosing, to protect its intellectual property or to address any violation or threatened violation of these Terms. No waiver of any term by Harper + Scott shall constitute a further or continuing waiver of that term or any other term.