Sky Arb and/or its licensors own the intellectual property rights in the Site. Subject to the license below, all these intellectual property rights are reserved. The Site is intended solely for your personal and non-commercial use. We may change, suspend, or discontinue the Site or Service at any time. We may impose limits on certain features offered or restrict your access to parts or all of the Site without notice or liability. You acknowledge that from time to time the Site or Service may be inaccessible or inoperable for any reason.
You agree to pay Sky Arb the applicable and periodic subscription fees, taxes, and other expenses if you purchase a Sky Arb Pro subscription. If you fail to pay the required fees for a Sky Arb Pro subscription, your subscription will be terminated and you will forfeit your opportunity for any refunds associated with your original Sky Arb Pro subscription purchase.
You agree that any content you send to Sky Arb is your own, and you warrant that you are the creator, owner, or have the required rights, licenses, or consents to authorize Sky Arb to use your content. You agree that your content does not infringe on the intellectual property rights of third parties and that you will accept the criminal or civil legal consequences in the event of a violation of a third party’s intellectual property rights.
You grant Sky Arb the worldwide absolute and irrevocable right and unrestricted permission to use, reuse, publish, and republish, in whole or in part, individually or in connection with other material, in any and all media (including the Internet and through email), without restriction as to alteration for all content that you submit to Sky Arb. We may distribute content that you submit to us through email alerts, the Site, the Service, and by other means.
You may not authorize others to access your subscription account, the Service, or Sky Arb’s content. Your Sky Arb account belongs only to you and you agree not to create an account on behalf of anyone other than yourself. You agree to create and have access to only a single Sky Arb account at a given time and agree not to generate, maintain, or have access to multiple accounts or subscriptions. You agree to keep your login details confidential and you agree not to misrepresent your identity.
You may not use the Site or Service for any commercial use. Sky Arb specifically prohibits 1) the sale or sub-licensing of any parts of the Service, the Site, or its email content, 2) content derived from the Service, or 3) content inclusive of parts of the Service. Examples of prohibited commercial use include, but are not limited to, 1) selling or distributing your free subscription or Sky Arb Pro subscription login details, 2) forwarding Sky Arb emails, 3) distributing Sky Arb Pro subscription email content, and 4) deriving and distributing your own flight alerts based on Sky Arb’s emails or content.
You may not access the Site or the Service by automated means including, but not limited to, data mining, harvesting bots, robots, spiders, or scrapers.
You may not submit unauthorized communications, such as spam, to the Site as it relates to submitting photos or traveling experiences. You may not copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software, or do anything that could disable or interfere with the Site as it relates to accessing the Service. You may not submit content that is hateful, threatening, or pornographic, incites violence, is malicious, or is discriminatory and you agree not to harass, bully, or intimidate other users.
The Service is provided “as is” and “as available” without any representations or warranties, express or implied, to the maximum extent permitted under applicable law. The Service is provided on an informational basis and is not meant to be a recommendation to buy goods or services from third parties. Sky Arb expressly disclaims any representations or warranties, fitness for a particularly purpose, and implied warranties of merchantability. Without prejudice to the generality of the foregoing paragraph, Sky Arb and its officers, directors, employees, agents, and affiliates do not warrant that:
Sky Arb is a technology company and actively works to develop new services and improve its existing subscriptions, products, and website. From time to time, there will be interruptions in the Service and there may aspects of the Service that do not function. In connection to the premium Sky Arb Pro subscription, we expressly disclaim any representations or warranties, fitness for a particularly purpose, and implied warranties of merchantability.
Sky Arb takes no responsibility for airfare, flight routes, ticket prices, seating, or any other selections made by you when purchasing airfare. Sky Arb's email alerts are strictly informational and cannot be relied upon as a guarantee. Airfare shown as part of the Service (including, but not limited to, email alerts, the searchable database, and custom alerts) are for illustrative purposes only. Pricing and flight details change continuously and are subject to substantial deviation from those displayed as part of the Service. Pricing quotes for airfare can change rapidly and there is no guarantee that these prices will remain as listed for any period of time.
In regards to route-specific custom alerts, we try our best to match custom alerts to the latest-available airfare data, but we do not guarantee that we will always find the least expensive or “best” airfare due to the unpredictability of airfare pricing and scheduling. Factors that may contribute to a missed custom alert include, but are not limited to, the passing of the reservation window for discounted airfare, change of route carrier, or airfare or route cancellation.
In regards to the searchable database of airfare, we show a maximum of fifteen (15) results for a given query. We expressly disclaim any representations or warranties that a specific route combination or carrier (i.e. flights from New York, USA to London, UK served by Delta) will reliably be available to monitor as part of the searchable database. Prices and carriers for airfare shown within the searchable database are for illustrative purposes only and pricing and flight details are subject to substantial deviation from those displayed.
Sky Arb respects the intellectual property rights of others and requests that its users do the same. Sky Arb has implemented a policy to respond to alleged intellectual property infringement claims according to the process described by the United States Digital Millennium Copyright Act (“DMCA”). We may cancel, suspend, terminate, or block access to the Service for users that are found to repeatedly infringe on the intellectual property rights of others.
If you believe in good faith that the Service or its content is infringing upon your copyrights, you may submit a notification pursuant to the DMCA by sending the following information in writing to:
Attention: Copyright Agent
311 Grand Street
Hoboken, NJ 07030
Per DMCA guidelines, your notification should include the following information:
Sky Arb investigates all DMCA notifications and, if appropriate, removes the infringing content.
Sky Arb will not be liable to you (whether under the law of contract, the law of torts, or otherwise) in relation to the contents of, use of, or otherwise in connection with, the Service:
You agree to release Sky Arb and its officers, directors, employees, agents, and affiliates from any claims and damages, known and unknown, arising from or in any way connected with any claim you have against using the Service or the Site. In no event should the aggregate liability of Sky Arb or its affiliates or agents exceed one hundred US dollars ($100 USD). These limitations of liability apply even if Sky Arb has expressly advised of the potential loss. You acknowledge and agree that any damages you incur arising out of Sky Arb’s actions or omissions, or your use of the Service, are not irreparable and are insufficient to entitle you to an injunction or other equitable relief restricting the availability of, or any person’s ability to access, any portion of the Site or Service.
Please read the following sections carefully because they require you to submit to binding arbitration, including a jury trial waiver, for any and all disputes with Sky Arb. This section limits the manner in which you can seek relief.
A party who intends to seek arbitration must first notify the other party via certified mail. Notice sent to Sky Arb can be mailed to Sky Arb LLC, 311 Grand Street, Suite 3, Hoboken, NJ 07030. Notices sent should include 1) your full name, mailing address, and email address, 2) a detailed description of the nature of the dispute, and 3) the relief being sought. All parts of the notice must be provided. Sky Arb will send notice to the email address received and will include 1) a full name of contact, mailing address, and email address, 2) a detailed description of the dispute, and 3) the relief we are seeking. If you and Sky Arb cannot agree how to resolve the dispute within thirty (30) days after the date the notice is received by either party, then either you or Sky Arb may commence an arbitration proceeding.
Sky Arb is an independent contractor for all purposes and is not your agent or trustee.
Sky Arb, skyarb.com, and other Sky Arb graphics, email formats, logos, page headers, buttons, icons, scripts, and service names are trademarks of Sky Arb or its affiliates in the United States and may not be copied, imitated, or used, in whole or in part, without Sky Arb’s prior written consent. You will not use any trademark of Sky Arb without our prior written permission. All other registered trademarks and service marks remain the property of their respective owners.