Terms of Service

Last Updated: May 29, 2025

This website located at skylrk.com (the “Website”) is operated by SKYLRK Holdings, Inc. (“SKYLRK,” “we,” “us,” “our”). By visiting our Website, our online store located at skylrk.myshopify.com (the “Online Store”) and/or purchasing one of our products (“Products”, and together with our Website and Online Store, the “Services”), you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or made available by hyperlink. Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of our Services, including purchasing our Products, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access or use any Services.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Our Online Store is hosted and operated by Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our Products and services to you. By purchasing any Products through our Online Store you agree to all terms and conditions and policies of Shopify.

SECTION 1 - GENERAL CONDITIONS AND COMMUNITY GUIDELINES

By agreeing to these Terms of Service, you represent that you are at least 13 years of age or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Services only with the consent of your parent or guardian.

SKYLRK’s community, like any community, functions best when its users follow a few simple rules. By accessing our Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

  • You will not upload, post, e-mail, transmit, or otherwise make available any User Content (defined below) that:

    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

    • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or

    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or similar information.

  • You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose.

  • You will not access or use the Services to collect any market research for a competing business.

  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means.

  • You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services.

  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services.

  • You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Services.

  • You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission, except public search engines indexing public portions of the Services.

  • You will not take any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure.

  • You will not introduce, post, or upload to the Services any Harmful Code (including viruses, worms, Trojan horses, time bombs, trap doors, or any malicious code designed to disrupt or damage systems or data).

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF CONTENT

Occasionally there may be Content available through our Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We are not responsible if Content made available through the Services is not accurate, complete, or current.

The Content available through the Services is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on such Content is at your own risk.

The Services may contain historical information, which is provided for reference only. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice, even after you have received an order confirmation or shipping notification. We have no obligation to update any information available through the Services.

SECTION 3 - MODIFICATIONS TO THE SERVICES, PRODUCTS AND PRICES

All descriptions, images, references, features, content, specifications, and prices of Products described or depicted on our Services are subject to change at any time without notice. We reserve the right to modify or discontinue a Product or the Services (or any part thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services or a Product.

SECTION 4 - PRODUCTS AND SERVICES

Certain Products may be available exclusively online through our Services. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy available at https://skylrk.com/pages/returns-policy

We cannot guarantee that your computer monitor’s display of Product images, including color, will be accurate. Inclusion of any Products on our Services does not imply availability.

We reserve the right to:

  • limit sales of Products to any person, geographic region, or jurisdiction;

  • refuse service to anyone for any reason at any time;

  • limit quantities of any Products offered; and

  • discontinue any Product at any time

Any offer for any Product is void where prohibited. We do not warrant that the quality of any Products, Services, information, or other materials purchased will meet your expectations.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order, including orders under the same account, credit card, or billing/shipping address.

You shall pay all purchase prices, taxes, shipping and handling, and other fees in connection with Products purchased. Payment is due immediately upon purchase. By making a purchase, you authorize us and our payment processors to charge your payment method.

You agree to provide current, complete, and accurate purchase and account information and to promptly update such information. You must notify us if a payment method is canceled or compromised.

SECTION 6 - EXTERNAL SITES

We may provide links to third-party websites (“External Sites”) over which we have no control. These links are provided for convenience only and do not constitute endorsement. We are not responsible for the content or accuracy of External Sites, and your use of them is at your own risk.

SECTION 7 - USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS

If you submit ideas, suggestions, or materials (“User Content”), you agree we may use, edit, copy, publish, distribute, and translate them in any medium without restriction and without obligation to compensate you or maintain confidentiality.

You represent that:

  • you own or have rights to your User Content; and

  • your User Content does not violate third-party rights.

You are solely responsible for your User Content.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through our Services is governed by our Privacy Policy at https://skylrk.com/pages/privacy-policy

SECTION 9 - INTELLECTUAL PROPERTY

The Services contain software, text, graphics, images, sound recordings, and other materials (“SKYLRK Content”) protected by U.S. and foreign laws. You may use the Services and SKYLRK Content for personal, non-commercial use only.

You may not sell, transfer, license, reproduce, distribute, or create derivative works from SKYLRK Content without written permission. Unauthorized use may violate intellectual property laws.

Trademarks displayed on the Services are the property of SKYLRK or third parties and may not be used without permission.

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, SERVICES, SKYLRK CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

SKYLRK DOES NOT GUARANTEE:

  1. the Services will be free from viruses or harmful components; or

  2. access will be uninterrupted or error-free.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • SKYLRK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; AND

  • TOTAL LIABILITY SHALL NOT EXCEED FIFTY U.S. DOLLARS (US $50), EXCEPT FOR PERSONAL INJURY CLAIMS.

SECTION 11 - INDEMNIFICATION

You agree to indemnify and hold harmless SKYLRK and its affiliates from any claims, damages, or expenses arising from your breach of these Terms, your use of the Services, or your violation of any law or third-party rights.

SECTION 12 - SEVERABILITY

If any provision is deemed unlawful or unenforceable, the remaining provisions shall remain in effect.

SECTION 13 - TERMINATION

We may restrict, suspend, or terminate access to the Services at any time. Provisions intended to survive termination will remain in effect.

SECTION 14 - ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and SKYLRK regarding the Services and supersede prior agreements or communications.

SECTION 15 - COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the United States. Access from outside the U.S. is at your own risk and subject to local laws.

SECTION 16 - GOVERNING LAW

These Terms shall be governed by the laws of the State of New York.

SECTION 17 - CHANGES TO TERMS OF SERVICE

We may update these Terms at any time by posting changes on the Website. Continued use of the Services constitutes acceptance of the updated Terms.

SECTION 18 - BINDING ARBITRATION

Any dispute will be resolved by binding arbitration under the Federal Arbitration Act and JAMS rules. Arbitration may occur in person, by phone, online, or via document submission. Either party may seek relief in small claims court where permitted.

SECTION 19 - CLASS ACTION WAIVER

Disputes must be brought individually. Class actions and representative proceedings are not permitted.

SECTION 20 - EQUITABLE RELIEF

We may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to: support@skylrk.com