Thank you for using SmarterTravel.com website or mobile properties, including related applications (collectively, the “Site”), which are provided by Smarter Travel Media LLC (“SmarterTravel.). The terms “we”, “us”, “our” and “SmarterTravel” refer collectively to Smarter Travel Media LLC and/or our affiliates and subsidiaries. The term “you” refers to the customer visiting the Site and/or contributing content on this Site.”
Section 1. Use of the Site
Section 2. Prohibited Activities
The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. This Site and the SmarterTravel Newsletters and other publications (collectively, “Publications”) offered by the Site are for your personal and non-commercial use. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site.
- use this Site or its contents for any commercial purpose, except as permitted in Section 11;
- access, monitor or copy any content or information of this Site 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 Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- 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 Site for any purpose without our express written permission;
- “frame”, “mirror” or otherwise incorporate any part of this Site 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 SmarterTravel in connection with the Site or the services;
Section 4: Forums and Other Interactive Areas
By your action of emailing, posting or otherwise distributing any and all content on or through the Site, (“Content”) unless we indicate otherwise, you grant SmarterTravel and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) 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, for any purpose; (b) use the name that you submit in connection with such Content.
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 and that you use such Interactive Areas at your own risk. 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:
- 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 may infringe 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;
- 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 SmarterTravel Media LLC;
- 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.
- 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.
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
- Content or links to content that, in the sole judgment of SmarterTravel, (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 SmarterTravel or its affiliates or its users to any harm or liability of any type.
SmarterTravel takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is SmarterTravel liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, SmarterTravel 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 does not control the information delivered to the Interactive Areas, and SmarterTravel has no obligation to monitor the Interactive Areas. Although SmarterTravel has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, SmarterTravel reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Site at any time and for any reason, or to have such actions performed by third parties on its behalf, 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 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) 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 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, and its licensees, successors and assigns, from any claims that you could otherwise assert against SmarterTravel by virtue of any such moral rights.
Section 5. Travel Destinations
International Travel. When you book international travel reservations with third-party suppliers or plan international trips using this Site, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. SmarterTravel accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. SmarterTravel 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, SMARTERTRAVEL 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 6. 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, RESERVATION AVAILABILITY AND PRICING ERRORS.
SMARTERTRAVEL 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 THISSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, SMARTERTRAVEL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMARTERTRAVEL MEDIA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE AT ANY TIME.
SMARTERTRAVEL 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 SITE 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 SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY SMARTERTRAVEL MEDIA LLC. ALL SUCH PUBLICATIONS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SMARTERTRAVEL MEDIA LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMARTERTRAVEL 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 SMARTERTRAVEL 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 YOUR 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 SMARTERTRAVEL 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.
If SmarterTravel is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then SmarterTravel’s liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to SmarterTravel for the transaction(s) on this Site giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
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 SmarterTravel Media LLC.
SmarterTravel is a travel information service. 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 7. Indemnification
You agree to defend and indemnify SmarterTravel 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:
- your violation of any law or the rights of a third party; or
- your use of this Site.
Section 8. Links to Third-Party Sites
This Site may contain hyperlinks to Web sites operated by parties other than SmarterTravel. Such hyperlinks are provided for your reference only. SmarterTravel 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 Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. SmarterTravel’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 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 9: Software Available on This Site
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote SmarterTravel’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The SmarterTravel Site is controlled and operated by TripAdvisor from its offices in the Commonwealth of Massachusetts in the United States. SmarterTravel makes no representation that materials on the SmarterTravel Site is appropriate or available for use outside of the United States. Those who choose to access the SmarterTravel Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the SmarterTravel Site is further subject to United States export controls. No software from the SmarterTravel Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the SmarterTravel Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the SmarterTravel Site (“Software”) is the copyrighted work of SmarterTravel Media or TripAdvisor or their affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Site, is owned by TripAdvisor and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
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: www.cybersitter.com, www.securitysoft.com, and/or www.surfcontrol.com.
Section 10. Copyright and Trademark Notices
All contents and information on this Site and the Publications are: ©2016 SmarterTravel Media LLC and/or its suppliers. All rights reserved. SmarterTravel Media LLC is not responsible for content on websites operated by parties other than SmarterTravel Media LLC. SMARTERTRAVEL and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of SmarterTravel 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 SmarterTravel Media LLC or the applicable trademark holder.
Content or layout of the Site or the Publications, individual elements of the Web site design, photographs, as well as the infrastructure used to provide such content and information, and, 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 SmarterTravel Media LLC and may not be copied, reproduced, redistributed, imitated or used, in whole or in part, without the prior written permission of SmarterTravel 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 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 SmarterTravel 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.
COPYRIGHT COMPLAINT POLICY
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying SmarterTravel that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, SmarterTravel has adopted a policy of terminating, in appropriate circumstances and at SmarterTravel’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. SmarterTravel may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Section 11. 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 SmarterTravel, 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 12. Jurisdiction and Governing Law
Section 13. General
You agree that no agency, joint venture, partnership, employment or agency relationship exists between you and SmarterTravel Media LLC as a result of this agreement or use of this Site or the Publications.
SmarterTravel reserves the right to change the terms, conditions and notices under which this Site is offered. SmarterTravel 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’s ????tent agree to confirm all aspects of third-party offers with the offering party, and to hold SmarterTravel harmless for any circumstances that may arise from interactions with a third party.
SmarterTravel’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SmarterTravel’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 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 Site 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 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 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 Site are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
©2016 TripAdvisor LLC. All rights reserved.