"The Company", “Skylark”, “Ourselves”, “We” and "Us", refers to Skylark Travel Group, Inc.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
“Website” refers to Skylark’s Travel website, which can be accessed at: www.skylark.com.
This TOU governs your use of the Website and all services and information available through the Website. You agree to be bound by this TOU.
The Website is provided on an “as is” and “as available” basis and Skylark does not represent or warrant that your use of the Website will be uninterrupted, error-free or will be free of viruses or other destructive code. You expressly agree that your use of, or inability to use, the Website is at your sole risk. You are also responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent permitted by law, Skylark:
In no event shall Skylark, its directors, officers, employees, affiliates, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Website or for any claim related in any way to your use of the Website, including, but not limited to, any errors or omissions in any content.
Skylark is committed to maintaining your privacy and confidentiality as well as that of your travelers. The Website and the sensitive information contained within the Website cannot be accessed without (1) registering with the proper domain name (“Account”) and (2) using your authorized credentials to get into the Website. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Skylark of any security breach of your Account. Furthermore, you are solely responsible for maintaining the confidentiality and security of any third party websites which can be accessed from the Website, such as an online booking tool or reporting tool. You also agree to ensure that you log-off from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Skylark shall not be responsible for any losses arising out of the unauthorized use of your Account or other third party websites accessed from the Website, by any person, whether authorized by Client or not.
Skylark does not monitor or review the content on other third party websites which are linked to from the Website. You understand that Skylark is not responsible for the content or privacy practices of these sites and therefore disclaims all liability related to such third party sites. If you decide to access any of the third party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Skylark reserves the right to withdraw or amend the Website, and any service or material we provide on the Website, at any time in our sole discretion without notice. Skylark will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Skylark, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The TOU permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:
Notwithstanding any other provision hereto or any other agreement between Skylark and the Client, Skylark reserves the right to change, suspend, remove or disable access to the Website or any aspects of the Website at any time. In no event will Skylark be liable for making these changes. Skylark may also impose limits on the use of or access to certain features or portions of the Website, at any time without notice or liability.
The Company name, the terms “Skylark Travel Group, Inc.”, “Skylark”, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these TOU. You agree not to use the Website:
Additionally, you agree not to:
The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
By using the Website, you agree, to the extent permitted by law, to indemnify and hold Skylark, its directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any claims arising out of your breach of the TOU, your use of the Website, or any action taken by Skylark as part of its investigation of a suspected violation of this TOU or as a result of its finding or decision that a violation of this TOU has occurred. This means that you cannot sue or recover any damages from Skylark, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Website, or to take any other action during the investigation of a suspected violation or as a result of Skylark’s conclusion that a violation of this TOU has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this TOU.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Website, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE Website OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Website OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All matters relating to the Website and these TOU and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these TOU or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOU OR THE Website MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This TOU constitutes the entire agreement between you and Skylark relating to the Website and governs your use of it, superseding any prior agreements between you and Skylark. If any part of this TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Skylark’s failure to enforce any right or provisions in this TOU will not constitute a waiver of such or any other provision. Skylark shall not be responsible for failures to fulfill any obligations due to causes beyond its control.