Welcome to the SmartTraveler network of websites. This website is owned and operated by SmartTraveler. The Websites of SmartTraveler connect travelers to SmartTraveler's affiliated travel specialists and experts - the Travel Agent Experts / Vacation Experts that have the knowledge, experience and contacts to provide the best possible services at the best possible price for whatever travel needs you may have. Please take a few minutes to review these terms and conditions ("Terms").
IMPORTANT! THIS IS A CONTRACT. These terms and conditions apply to the Website including the travel quote request services offered on the Website (the "Services"). By accessing and using this Website, you agree to each of the terms and conditions set forth herein ("Terms"). If you do not agree to these Terms, please do not use the Website or Services.
The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Website or using the Services for any reason.
You must be 18 years of age or older to visit the Website or use the Services. By visiting smarttraveler or accepting these Terms, you represent and warrant to Smart Traveler, Inc. d/b/a smarttraveler") that you are 18 years of age or older and that you have the right, authority and capacity to agree to and abide by these
Trip Request Service
If you submit your contact information and trip details through the Website (a "Trip Request" or "Quote Request"), hereinafter "Request", Smarttraveler will pass your information to one or more of our Vacation Experts.
By submitting your Request, you authorize Smarttraveler to pass your Request to one or more Vacation Experts and you are expressly inviting these Vacation Experts to contact you by telephone and/or email. You hereby consent to any such calls even if your phone number is on any Do Not Call list. By submitting a Request, you furthermore authorize Smarttraveler to follow up with you with respect to a Request submitted by you and to contact you regarding any future Smarttraveler or Smart Traveler, Inc. promotions or services.
There is no charge to you for submitting a Request. smarttraveler is paid a fee by participating Vacation Experts for passing on your Request, and by submitting a Request you hereby agree to this.
For the purposes of these terms, a "Vacation Expert (also traditionally known as a Travel Agents)" is any person or entity who acts as an agent of a supplier of, sells or offers for sale any travel, transportation or vacation arrangements.
What SmartTraveler Does Not Do
SmartTraveler is not a Travel Agency. SmartTraveler does not sell travel. We are a referral service connecting travelers to the Vacation Expert(s) / Travel Agent Expert(s), the "Experts", who can best service their needs. SmartTraveler does not endorse or recommend the products or services of any particular supplier. Your interactions with SmartTraveler or persons or entities arising out of any dealings with Experts, this Website or Services ("Other Parties"), including engagement of services, payment and delivery of services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Experts or Other Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any Vacation Expert or Other Party. The Smarttraveler Request & Referral service relies on information provided and statements made by Experts to determine which Expert to include in its database and which service(s) .
No Unlawful or Prohibited Use
As a condition of your use of the Website and Services, you agree that you will not use the Website or Services for any purpose that is unlawful or that is prohibited by these Terms. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services (or the network(s) connected to the Website or Services) or interfere with any other party's use and enjoyment of the Website or Services. You may not attempt to gain unauthorized access to the Website or Services, other accounts, computer systems or networks connected to the Website or Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services.
Smarttraveler has the right to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
(a) Restrict, suspend, or terminate your access to all or any part of the Website(s) or Services;
(b) Change, suspend, or discontinue all or any part of the Website(s) or Services;
(c) Refuse, move, or remove any material that you submit to the Website(s) or Services for any reason;
(d) Refuse, move, or remove any content that is available on the Website(s) or Services;
(e) Deactivate or delete your account(s) and all related information and files in your account;
(f) Establish general practices and limits concerning use of the Website(s) or Services.8>
You agree that Smarttraveler will not be liable to you or any third party for taking any of these actions.
From time to time you may post or otherwise make available certain postings including Vacation Experts /. Travel Agent Experts feedback, personal reviews, ratings and testimonials (collectively, the "User Postings") on the Website(s) or in response to smarttraveler generated emails. You understand that the posting or otherwise making available of such User Postings is the sole responsibility of the person or entity from whom such User Posting originated.
You agree that you are entirely responsible for each individual item of User Posting that you post or otherwise make available via the Website of SmartTraveler and you shall not post or otherwise make available postings that are (i) unlawful, harmful, deceptive, threatening, abusive, harassing, defamatory or invasive of another's privacy, or (ii) harasses, degrades, intimidates or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
You understand that SmartTraveler does not control, and is not responsible for User Postings made available through the Website(s), and that by using the Website(s) or Services, you may be exposed to User Postings that are defamatory, offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that smarttraveler does not pre-screen or approve User Postings, but that smarttraveler shall have the right in its sole discretion to refuse, delete or move any User Postings that are available via the Website or smarttraveler generated emails, for violating the letter or spirit of these Terms or for any other reason.
You agree that you must evaluate, and bear all risks associated with, the use of any User Postings, that you may not rely on said User Postings, and that under no circumstances will smarttraveler be liable in any way for any User Postings or for any loss or damage of any kind incurred as a result of the use of any User Postings posted or otherwise made available via the Website or smarttraveler generated emails. Intellectual Property Rights
SmartTraveler grants you a non-exclusive, non-transferable, limited and revocable license to access the Website and for the purpose of making legitimate connections with SmartTraveler and for no other purpose. smarttraveler reserves and retains all rights, including without limitation all intellectual property rights, in the Website and Services not expressly granted in the aforesaid paragraph.
All content that is made available in connection with the Website and Services is protected under copyright laws and international conventions and is owned by smarttraveler; provided that smarttraveler does not claim ownership of User Feedback that its users post.
Any reproduction, modification, creation of derivative works from or redistribution of any portion of the Website or Services to any other server or location for further reproduction or redistribution is prohibited without the express written consent of smarttraveler. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website or Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or Services.
You grant, and you represent and warrant that you have the right to grant, to smarttraveler an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute your User Feedback and to prepare derivative works of, or incorporate into other works, your User Feedback, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
TravelAgentExperts is a service mark of Smart Traveler, Inc. All other trademarks, logos, and service marks (collectively the "Marks") used in the Website and Services are the property of Smart Traveler, Inc. or their respective owners. Your access to the Website and Services should not be construed as the granting, by implication or otherwise, any license or right to use any marks or any other proprietary rights without the prior written consent of smarttraveler or the third party owner thereof, as shall be relevant.
The Website(s) and Services may contain images of and/or links to third party web sites, whether in the form of advertising or other types of links. The Linked Websites are not under the control of SmartTraveler and SmartTraveler is not responsible for the contents of any Linked Website. SmartTraveler is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SmartTraveler of the site or any association with its operators.
Disclaimer of Warranties
SMARTTRAVELER IS NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN YOU AND ANY SMARTTRAVELER OR ANY OTHER PARTIES ARISING OUT OF YOUR USE OF THIS WEBSITE OR SERVICES.
THE INFORMATION, USER POSTINGS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR SMARTTRAVELER GENERATED EMAILS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
SMARTTRAVELERr MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, USER POSTINGS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, USER POSTINGS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SMARTTRAVELER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, USER POSTINGS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN SMARTTRAVELER ACCEPTS NO LIABILITY IF IT IS UNABLE TO PERFORM A SERVICE AS A RESULT OF (I) A TECHNICAL PROBLEM WHICH IS NOT IN ITS CONTROL OR FOR WHICH IT IS NOT RESPONSIBLE FOR, OR (II) THE NON OR PARTIAL PERFORMANCE OF ANOTHER PARTY UPON WHICH IT IS DEPENDENT TO PERFORM A SERVICE.
Limitation of Liability
IN NO EVENT SHALL TRAVELAGENTEXPERT(S) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED WITH THE USE OF THE WEBSITE, TRIP REQUEST OR SERVICES (INCLUDING, WITHOUT LIMIATION, SERVICES PROVIDED BY Smart Traveler OR OTHER PARTIES), WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, USER CONTENT, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
IF THERE IS A DISPUTE BETWEEN YOU AND ANY TRAVEL AGENT EXPERT OR OTHER PARTY ARISING OUT OF OR RELATED TO THE TRIP REQUEST AND/OR THE SERVICES, YOU UNDERSTAND AND AGREE THAT SMARTTRAVELER IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE SUCH A DISPUTE, YOU HEREBY RELEASE TRAVELAGENTEXPERT(S), ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SMARTTRAVELER'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You shall indemnify and hold harmless SmartTraveler (and its officers, directors, agents, employees, successors and assigns) from and against any and all liability, damage, loss or expense arising from any claim, demand, action or proceeding based upon or arising out of or related to the Website, Trip Request or Services (including without limitation any services provided by a Travel Agent Expert or Other Party), or the breach or alleged breach of any of the representations and warranties or other terms and conditions set forth herein.
Violation of the Terms
Please report any violations of these Terms of which you become aware by flagging the posting(s) for review, or by emailing to email@example.com. SmartTraveler's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Privacy Protection
Changes to the Website
You acknowledge that SmartTraveler retains the right to add, delete, modify, discontinue, or to make any change whatsoever in the Website and Services, or any aspect or feature thereof, as SmartTraveler in its sole discretion deems appropriate.
SmartTraveler reserves the right to change these Terms at any time. Updated versions of the Terms will appear on this Website or Services and shall be effective immediately. You are responsible for regularly reviewing these Terms. Continued use of the Website or Services after any such change constitutes your consent to such changes.
Claims for enforcement, breach or violation of duties or rights under these Terms shall be adjudicated under the laws of the State of Florida, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Circuit Court, Ninth Judicial Circuit, in West Palm Beach, Florida in all disputes arising out of or relating to the use of the Website or Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SmartTraveler as a result of these Terms or use of the Website or Services. If any part of these Terms 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 Terms shall continue in effect. These Terms constitute the entire agreement between you and SmartTravelerr with respect to the subject matter hereof and it supersedes all prior or contemporaneous communications and proposals between you and smarttraveler.