Terms of Use

This Terms of Use was posted on September 1, 2017. It is effective for all users.

Please carefully read these terms and conditions because they govern your access of Sky Arb’s websites, mobile applications, emails, and content (collectively, the “Site”). Your use of Sky Arb’s services and subscription to its free or Sky Arb Pro email distributions offered through our websites, emails, and mobile applications (collectively, the “Service”) are covered by the foregoing terms and conditions. These terms and conditions (collectively, the “Terms of Use”) relating to the Site and the Service contain a class action waiver and mandatory arbitration provision that affect how you can settle disputes with Sky Arb. By accessing the Site, subscribing to Sky Arb’s email distributions, viewing Sky Arb’s emails, and otherwise accessing the Service in any way, you agree to be bound by all terms and conditions described as part of the Terms of Use. The Terms of Use apply to users that have subscription accounts (free subscriptions or Sky Arb Pro subscriptions) as well as unregistered and unsubscribed users accessing the Service. If you do not agree to be bound by the Terms of Use, do not access the Site or use its services.

Sky Arb may change these Terms of Use from time to time. We will notify you by revising the date at the top of the policy, post notices on Sky Arb’s websites, or obtain your consent as required by law. We encourage you to review the Terms of Use whenever you access our website.

License and Eligibility

The Site is intended for general audiences over the age of 18 and provides email subscription services for flight airfare alerts. We grant users over the age of 18 a limited, non-commercial, revocable, non-exclusive, non-assignable license to access the Site in accordance with the Terms of Use. You agree not to license, sublicense, distribute, display, sell, or otherwise copy content from the Site. You affirm that you do not own the intellectual property or content provided by Sky Arb through the Service or the Site.

Acceptable Use

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 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.

Limitations of Acceptable Use

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 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 many not submit unauthorized communications, such as spam, to the Site as it relates to submitting photos or traveling experiences. You many 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 many 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.

No Warranties

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:

  • the Service, content, or hyperlinks will always be available, uninterrupted, or secure;
  • the Service, content, or hyperlinks will always be accurate, accessible, or timely;
  • any detected defects will be corrected or that all hyperlinks are free from viruses, bugs, worms, Trojan horses, or other harmful computer properties.

Intellectual Property Protection

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:

Sky Arb
Attention: Copyright Agent
25-62 35th Street
Suite 1C
Astoria, NY 11103

Per DMCA guidelines, your notification should include the following information:

  • the date of your DMCA notification;
  • a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner for the content that is allegedly infringed;
  • a description of the copyrighted work claimed to have been infringed;
  • a description of the content or activity that is claimed to be infringing sufficient to enable Sky Arb to locate such material;
  • contact information for the copyright owner or the person authorized to act on behalf of the owner including the person’s full name, mailing address, email address, and telephone number;
  • a statement that you have a good faith belief that the use of the content in the manner complained is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sky Arb investigates all DMCA notifications and, if appropriate, removes the infringing content.

Limitations of Liability

Sky Arb will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, use of, or otherwise in connection with, the Service:

  • for any direct loss;
  • for any indirect, special, or consequential loss;
  • for any business loss, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
  • for any product liability, strict liability, or negligence;
  • for any loss of data due to an unauthorized party’s interception;
  • for any losses relating to delays, inaccuracies, errors, or omissions.

You agree to release Sky Arb and its officers, directors, employees, agents, and affiliates for 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 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.

Indemnity

You agree to hold harmless and indemnify Sky Arb and undertake to keep Sky Arb indemnified against any demands, losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Sky Arb to a third party in settlement of a claim or dispute on the advice of Sky Arb’s legal advisers) incurred or suffered by Sky Arb arising out of any breach by you of any provision of the Terms of Use, or arising out of any claim that you have breached any provision of the Terms of Use.

Arbitration

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.

You and Sky Arb agree to 1) waive your and Sky Arb’s respective rights to have any and all disputes arising related to the Terms of Use resolved in a court and 2) waive your and Sky Arb’s respective rights to a jury trial. The exceptions to these waivers for you and Sky Arb relate to 1) individual action in small claims court or 2) relief for alleged unlawful use of intellectual property.

You and Sky Arb agree that any dispute arising from the Terms of Use is personal to you and Sky Arb and that such a dispute will be resolved solely through individual arbitration and will not be brought as a class action arbitration, class action lawsuit, or any other type of proceeding. You and Sky Arb agree that a dispute cannot be brought on behalf of any other individual or group of individuals and that arbitration will be final and binding. You and Sky Arb agree that the Terms of Use will be governed by and construed in accordance with the Federal Arbitration Act (“FAA”) to the maximum extent permitted by applicable law.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures. The AAA’s rules are available at www.adr.org. The arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by the Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims.

You and Sky Arb agree that any dispute relating to the Terms of Use must by commenced or filed by you or Sky Arb within one year (1) year of the date that the dispute occurred, otherwise the underlying claim for the dispute will be permanently barred and neither you nor Sky Arb have the right to assert a claim relating to the dispute. You and Sky Arb agree that 1) any arbitration will occur in New York, NY, 2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the AAA, and 3) that the state or federal courts of the State of New York and the United States have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

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, 510 Millburn Avenue, Suite 207, Short Hills, NJ 07078. Sending notice 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.

You may opt out of arbitration within thirty (30) days of the date you first accept the Terms of Use by writing to: Sky Arb LLC, 510 Millburn Avenue, Suite 207, Short Hills, NJ 07078. The opt-out notice must include 1) your full name and email address and 2) clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve the dispute under the terms described in the section titled “Law and Jurisdiction” as it relates to the State of New York.

Breaches of these Terms and Conditions

Without prejudice to Sky Arb’s other rights under the Terms of Use, if you breach these terms and conditions in any way, Sky Arb may take such action as Sky Arb deems appropriate to deal with the breach, including suspending or prohibiting you from accessing the Service, blocking computers using your IP address, contacting your Internet service provider to request that they block your access to the Site, and/or bringing legal proceedings against you.

Sky Arb reserves the right to cancel, suspend, terminate, or block access to your free subscription or Sky Arb Pro subscription for any reason at any time and keep any fees collected from you. We reserve the right to refuse service and refuse refunds to any user based on our discretion for security, competitive, or legal reasons. We try to be fair to users and seek to mediate misunderstandings relating to usage of the Service and billing. Examples of reasons for terminating access to the Service or refusing a refund include, but are not limited to, 1) using false financial information to purchase Sky Arb Pro subscriptions, 2) hacking or otherwise interfering with the Service, 3) violating the Terms of Use, or 4) infringing on Sky Arb’s intellectual property or content.

Severability

If a provision of the Terms of Use is determined by any court, arbitrator, or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and Jurisdiction

The Terms of Use will be governed by and construed in accordance with the laws of the State of New York without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction besides the State of New York. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of New York and the United States, respectively.

Reasonableness

By using the Service and transacting with Sky Arb, you agree that the exclusions and limitations of liability set out in these Terms of Use are reasonable. If you do not think they are reasonable, you must not use the Service or access the Site.

Variation

Sky Arb may revise the Terms of Use from time-to-time. Revised terms and conditions will apply to the use of the Service from the date of the publication of the revised terms and conditions on the Site. Your continued use of the Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to the amended Terms of Use, you must discontinue using the Service.

Entire Agreement

The Terms of Use constitute the entire agreement between you and Sky Arb in relation to your use of the Service, and supersede all previous agreements and discussions in respect of your use of the Service.

Waiver

Sky Arb’s inaction or delay in exercising any right, power, or privilege under the Terms of Use will not operate as a waiver thereof.

Relationship

Sky Arb is an independent contractor for all purposes and is not your agent or trustee.

Trademarks

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.