SmarterTravel Website Terms, Conditions and Notices
Section 1. Use of Material
- As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a user account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
- This Site and the SmarterTravel.com Newsletters and other publications (collectively, "Publications") offered by the Site are for your personal and non-commercial use.
- use this Website or its contents for any commercial purpose, except as permitted in Section 11;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website for any purpose without our express written permission;
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Smarter Travel in connection with the Website or the services;
- We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
- If you would like information about obtaining the Company's permission to use any of the Material on your Web site, email firstname.lastname@example.org. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the material.
- your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- your use of this Website.
- Message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, infringing, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Smarter Travel Media LLC;
- Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
- Post any files that contain viruses, corrupted data or any other similar software or programs that are harmful, disruptive and destructive and may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose, other than in interactive areas intended for such uses.
- Conduct or forward unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations, surveys, contests, pyramid schemes or chain letters, other than in interactive areas intended for such uses.
- Download any file posted by another user of a Interactive Areas that you know, or reasonably should know, cannot be legally distributed in such manner.
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted.
- Restrict or inhibit any other user from enjoying the Interactive Areas or any other interactive areas.
- Content or links to content that, in the sole judgment of Smarter Travel, (i) violates the previous subsections herein, (ii) is objectionable, (iii) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (iv) which may expose Smarter Travel or its affiliates or its users to any harm or liability of any type.
- SmarterTravel.com reserves the right to change the terms, conditions and notices under which this Site is offered. SmarterTravel.com provides information on, accepts advertising from, and provides links to third-party vendors. Offers from these vendors that may be mentioned on the Site or in the Publications are often subject to change at any time, and may have many additional restrictions and limitations. Users of SmarterTravel.com's content agree to confirm all aspects of third-party offers with the offering party, and to hold SmarterTravel.com harmless for any circumstances that may arise from interactions with a third party.
- This agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to the conflicts of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of the Superior Court of Suffolk County, Massachusetts, and the United States District Court of the District Court of Massachusetts, in all disputes arising out of or relating to the use of this Site and/or the Publications. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
- You agree that no agency, joint venture, partnership, employment or agency relationship exists between you and Smarter Travel Media LLC as a result of this agreement or use of this Site or the Publications.
- SmarterTravel.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SmarterTravel.com's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by SmarterTravel.com with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
- If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
- This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the user and SmarterTravel.com with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SmarterTravel.com with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
- Any rights not expressly granted herein are reserved.
Section 2. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE AND/OR THE PUBLICATIONS MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING BUT NOT LIMITED TO TYPOGRAPHICAL ERRORS.
SMARTER TRAVEL MEDIA LLC DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.)
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMARTER TRAVEL MEDIA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE AT ANY TIME.
SMARTER TRAVEL MEDIA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE AND/OR THE PUBLICATIONS FOR ANY PURPOSE, OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE AND/OR THE PUBLICATIONS.
THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY SMARTER TRAVEL MEDIA LLC.
ALL SUCH PUBLICATIONS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
SMARTER TRAVEL MEDIA LLC DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SMARTER TRAVEL MEDIA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL SMARTER TRAVEL MEDIA LLC (OR ITS OFFICERS, DIRECTORS, AFFILIATES, SUPPLIERS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, DISPLAY OR USE OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE) AND/OR THE PUBLICATIONS OR WITH THE DELAY OF OR INABILITY TO USE THIS SITE AND/OR THE PUBLICATIONS, OR FOR ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE AND/OR THROUGH THE PUBLICATIONS OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SMARTER TRAVEL MEDIA LLC OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Smarter Travel Media LLC.
SmarterTravel.com is a travel information service. We do not sell travel products or services. We provide you with information about third-party travel suppliers' offers, and we link you to their sites. At the time we publish this information, we believe it to be valid. However, we have no control over the suppliers, and we therefore do not warrant or guarantee that their offers will not change or become unavailable. Nor are we responsible for their products, services or site content. Please see their sites for their most up-to-date offer information and all applicable terms and conditions.
Section 3. Indemnification
You agree to defend and indemnify Smarter Travel and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Section 4. Links to Other Sites
This Site may contain hyperlinks to Web sites operated by parties other than SmarterTravel.com. Such hyperlinks are provided for your reference only. SmarterTravel.com does not control such Web sites and is not responsible for their contents. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
SmarterTravel.com's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access third-party Web sites, you do so at your own risk.
In some cases you may be asked by a third party site to link your profile on SmarterTravel.com to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Section 5: Children Under 13 Years Old
SmarterTravel.com and its affiliated sites do not knowingly collect, maintain or use personal information from our websites about children under age 13. Children under the age of 13 may not participate in any online activities on Smarter Travel Media LLC's web sites.
Section 6: Parental Control Software
Various parental control protections are available to help you ensure that your children and other minors using your computer have not been exposed to harmful material. We suggest that you look at the following Web sites, among others, to learn more about current providers of this protection:
Section 7: Forums, User Generated Content and Other Interactive Areas
If this Site contains forums, bulletin boards, chat rooms or other message or communication facilities (collectively, "Interactive Areas"), you agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Interactive Areas only to send and receive messages and material that are legal, proper and related to the particular Forum and not to stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any:
As a provider of interactive services, Smarter Travel is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Areas. SmarterTravel.com does not control the information delivered to the Interactive Areas, and SmarterTravel.com has no obligation to monitor the Interactive Areas. Although Smarter Travel has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Smarter Travel reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. However, SmarterTravel.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
SmarterTravel.com does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Interactive Areas or endorse any opinions expressed in the Interactive Areas. You acknowledge that any reliance on material posted in the Interactive Areas will be at your own risk.
If notified by a User of communications which allegedly do not confirm to any term of this Agreement, SmarterTravel.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. SmarterTravel.com will have no liability or responsibility for performance or non-performance of such activities. SmarterTravel.com reserves the right to terminate or restrict your access to any or all of the Interactive Areas at any time without notice for any reason whatsoever, including your violation of these terms. You acknowledge that some Interactive Areas available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which SmarterTravel.com has no control.
SmarterTravel.com reserves the right to remove, abridge or redact content posted to any Interactive Areas.
By your action of posting or otherwise distributing of any and all content ("Content") to or through the Site, unless we indicate otherwise, you (a) grant SmarterTravel.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant SmarterTravel.com and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site and grant the rights set forth herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant SmarterTravel.com the right to pursue at law any person or entity that violates your or SmarterTravel.com's rights in the Content by a breach of these Site Terms.
SmarterTravel.com reserves the right to use the Content as it deems appropriate, including, without limitation you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by SmarterTravel.com or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release SmarterTravel.com, and its licensees, successors and assigns, from any claims that you could otherwise assert against SmarterTravel.com by virtue of any such moral rights.
Section 8. Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Smarter Travel urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, SMARTER TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Section 9. Currency Converter
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but Smarter Travel, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
Section 10. Copyright and Trademark Notices
All contents and information on this Website and the Publications are: ©2014 Smarter Travel Media LLC and/or its suppliers. All rights reserved. Smarter Travel Media LLC is not responsible for content on websites operated by parties other than Smarter Travel Media LLC. SMARTER TRAVEL and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Smarter Travel Media LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Smarter Travel Media LLC or the applicable trademark holder.
Content or layout of the Website or the Publications, individual elements of the Web site design, photographs, as well as the infrastructure used to provide such content and information, in addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Smarter Travel Media LLC and may not be copied, reproduced, redistributed, imitated or used, in whole or in part, without the prior written permission of Smarter Travel Media LLC, except as permitted in Section 11. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are used for identification purposes only and are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Smarter Travel Media LLC. If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Complaint Policy and by e-mailing us at email@example.com. We only address messages concerning brand infringement at this email address.
Section 11. Creative Commons ShareAlike License
There may be, at a given time, images on the Website that appear under a Creative Commons Attribution-ShareAlike license (“ShareAlike Images”). The ShareAlike Images are not proprietary to Smarter Travel Media LLC and may be copied and reproduced under the terms of the Creative Commons Attribution-ShareAlike license. The parameters of the Creative Commons Attribution-ShareAlike license can be found at http://creativecommons.org. For the avoidance of doubt, the ShareAlike Images are the only images on the Website which may be copied and/or reproduced. ShareAlike Images can be identified by their attribution, which appears below: