Terms of Service

1. Acceptance of Terms

By accessing or using any services provided by THE OP LLC (“THE OP,” “we,” “us,” or “our”), including our website, in-store purchases, merchandise sales, event hosting, and loyalty programs, you agree to be bound by these Terms of Service. THE OP LLC is an affiliated entity of Black Hills Consortium and its affiliated entities. If you do not agree to these terms, please do not use our services.

2. Use License

Permission is granted to temporarily access the materials on THE OP’s website for personal, non-commercial transitory viewing only. This license does not include: modifying or copying materials; using materials for any commercial purpose or public display; attempting to decompile or reverse-engineer any software on the website; removing any copyright or proprietary notations; or transferring materials to another person. This license shall automatically terminate if you violate any of these restrictions and may be terminated by THE OP at any time.

3. Food & Beverage Service Disclaimer

THE OP provides counter-service food and beverage items including coffee, espresso drinks, cold brew, local craft beer and cider on tap, baked goods, and light snacks. Please be aware of the following:

• Allergen notice: Our products may contain or come into contact with common allergens including milk, eggs, wheat, soy, tree nuts, and peanuts. While we take precautions, we cannot guarantee that any item is completely free of allergens. Customers with severe allergies should exercise caution and inform staff before ordering.
• Product availability: Menu items, craft beer and cider selections, and seasonal offerings are subject to change without notice. We rotate local roasters and craft beverages regularly to showcase Black Hills producers.
• Alcohol service: Customers purchasing alcoholic beverages (craft beer and cider) must be at least 21 years of age and present valid identification upon request.
• Food safety: THE OP prepares and serves food in accordance with South Dakota Department of Health food safety regulations. Consumption of raw or undercooked foods may increase the risk of foodborne illness.

4. Merchandise Sales & Returns

THE OP sells BHC-branded apparel, local artisan goods, and tourist merchandise. The following policies apply:

• Returns: Merchandise may be returned within 14 days of purchase with a valid receipt. Items must be in original, unworn/unused condition with tags attached. Refunds will be issued to the original payment method.
• Exchanges: Exchanges for different sizes or colors are subject to availability and must be made within 14 days of purchase.
• Final sale items: Clearance items, seasonal merchandise, and food/beverage products are final sale and cannot be returned or exchanged.
• Damaged goods: If you receive a defective or damaged item, please contact us within 7 days for a replacement or refund.

5. Loyalty & Campus Passport Program

THE OP may offer loyalty programs, campus passport programs, and employee perks programs. Participation in these programs is subject to the specific terms and conditions provided at enrollment. Loyalty rewards, discounts, and perks have no cash value and may not be transferred, sold, or combined with other offers unless specifically stated. THE OP reserves the right to modify, suspend, or terminate any loyalty program at any time with reasonable notice to participants. Accumulated rewards may expire if not used within the specified timeframe outlined in the program terms.

6. Event Hosting

THE OP may host community events, pop-up markets, live music, and other gatherings. Event attendance is subject to venue capacity limits and applicable safety regulations. THE OP reserves the right to refuse entry or remove attendees for disruptive or unsafe behavior. Events hosted at THE OP are managed by THE OP staff unless specifically designated as THE CULT Events LLC productions. Event photography and recordings may be used for promotional purposes.

7. Content & Intellectual Property

All content on this website — including but not limited to text, graphics, logos, images, audio, video, and software — is the property of THE OP LLC or its content suppliers and is protected by United States and international copyright laws. BHC-branded merchandise designs are the property of Black Hills Consortium and its affiliated entities.

8. Disclaimer of Warranties

THE OP’s services, website, and products are provided on an “as is” and “as available” basis. THE OP makes no warranties, expressed or implied, and hereby disclaims all warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. THE OP does not warrant that products will meet your expectations or that services will be uninterrupted or error-free.

9. Limitation of Liability

In no event shall THE OP LLC, Black Hills Consortium, or any of their affiliated entities, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our services, purchase of our products, or attendance at our events. This includes, without limitation, damages for loss of profits, data, goodwill, or other intangible losses, even if THE OP has been advised of the possibility of such damages.

10. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of South Dakota. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Custer County, South Dakota.

11. Changes to Terms

THE OP reserves the right to update or modify these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of our services following any changes constitutes acceptance of the revised terms.

12. Contact

If you have questions about these Terms of Service, please contact us at legal@blackhillsconsortium.org.