Thank you for visiting the Smart Travel website located at www.SmartTravel.tips (the "Website"). The Website is an Internet property of SmartTravel.tips ("Smart Travel," "we" or "us"). Via the Website, end-users may register as Smart Travel members ("Members," each with a "Membership") which enables them to enter into contests and promotions from time to time ("Promotions”). Be advised that Smart Travel will feature and display third party advertising with the Promotions, as well as in between various Promotions ("Third Party Ads").
Unless explicitly stated otherwise, future offer(s) made available on the Website augmenting or otherwise enhancing current features of the Smart Travel Offerings shall be subject to the Agreement. Smart Travel shall not be liable to you or any third party for any suspension, modification or discontinuation of any Smart Travel Offerings, service, product or promotion offered by Smart Travel. You understand and agree that refusal to use the Smart Travel Offerings is your right and the sole remedy with respect to any dispute with Smart Travel.
1. Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and Smart Travel with respect to your use of the Smart Travel Offerings and supersedes all prior or contemporaneous representations, warranties, agreements and/or understandings between you and Smart Travel with respect to the Smart Travel Offerings. We may amend the Agreement from time to time in our sole discretion, without notice to you; provided, however, that any modification or amendment to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to disputes incurred prior to the applicable modification or amendment. By your use of any of the Smart Travel Offerings, you agree to comply with, and be bound by all of the terms and conditions within the Agreement effective at that time (other than with respect to disputes arising prior to the modification or amendment of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). As such, you should check the Website for updates and changes regularly.
2. Requirements. The Smart Travel Offerings are available only to legal residents of the United States, Australia, Canada, South Africa and New Zealand (collectively the “Authorized Territory”) and who can enter into legally binding contracts under applicable law. The Website is restricted for use by individuals under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age. Individuals under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age, and/or not a legal resident of the Authorized Territory, do not have permission to use and/or access the Smart Travel Offerings.
3. Cancellation of Membership. You may cancel your Membership at your convenience by emailing [email protected]. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Smart Travel.
4. Registration. To register as a Member and/or enter a Promotion, fully complete the applicable registration form located on the Website ("Application"). Depending on which Smart Travel Offering you are attempting to access, the required information on the Application may include some or all of the following: (a) full name and title; (b) e-mail address; (c) mailing address; (d) password; and (e) any and all other information requested on the Application (collectively, "Registration Data").
Should Smart Travel approve your Application, Smart Travel will set up a Membership account ("Account") and send a confirmation email to the e-mail address that you provided upon registration. You are responsible for maintaining the confidentiality of your Account, including the user name and password and for restricting access to your computer by others. You agree to accept responsibility for all activities that occur through use of your Account, username and password.
Individual people (“Person”) are permitted only one (1) Smart Travel Account. Any attempt by the same Person to create more than one (1) Smart Travel Account is grounds for cancellation of all of that Person’s existing and future Smart Travel Accounts, as well as the forfeiture of all Prize eligibility and any Prizes not yet fulfilled to that Person.
5. Rejection/Termination. Smart Travel may reject any Application or terminate any Membership/Account at our discretion at any time and for any reason. Reasons may include, among other reasons, cases where Smart Travel believes that you have breached the Agreement.
6. Description of Membership. Upon registration and approval as a Member, you will be granted access to the Promotions.
7. Description of Promotions. Occasionally, the Website offers Members and, if applicable, non-Member end-users the opportunity to qualify for promotional prizes and other awards via Promotions. If you provide true and accurate information in connection with the Promotion Application and agree to the Official Contest Rules applicable to each Promotion, you are eligible to attempt to obtain promotional prizes and awards offered in the applicable Promotion. Be advised that Smart Travel will display certain Third Party Ads with in between various Promotions.
In order to enter Promotions featured on the Website, you must fully complete the applicable entry form. You are not required to purchase any products and/or services or interact with any Third Party Ads in order to enter any Promotion. Purchasing products and/or services or interacting with any Third Party Ads will not in any way increase your chances of any Prize Promotions.
YOU UNDERSTAND AND AGREE THAT SMART TRAVEL DOES NOT TAKE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR INABILITY TO QUALIFY FOR THE PROMOTIONS, OR FOR ANY CLAIM IN CONNECTION WITH ANY PROMOTIONS. PLEASE UNDERSTAND THAT YOU AGREE THAT SMART TRAVEL WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION OR DISCONTINUATION OF ANY PROMOTION.
8. License Grant. As a Website-user and/or Member, you are granted a revocable, non-exclusive, non-transferable and limited license to access and use portions of the Smart Travel Offerings and associated content in accordance with the Agreement. At any time and for any reason, Smart Travel may terminate this license. You are permitted to use Smart Travel Offerings on one computer for your own personal use. No part of the Smart Travel Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than as expressly authorized. You agree not to use any automated means or form of scraping or data extraction to access, query or other method to collect information or content from the Website. You may not copy, use, clone, emulate, rent, lease, decompile, sell, modify, disassemble, transfer or reverse engineer the Smart Travel Offerings, content or any portion thereof. Smart Travel reserves any and all rights not explicitly granted in the Agreement. You may not use any device, routine or software to disrupt, interfere or attempt to disrupt or interfere with the proper working of the Smart Travel Offerings. Your right to use the Smart Travel Offerings is not transferable.
9. Proprietary Rights. The organization, content, graphics, design, magnetic translation, compilation, digital conversion, software, services and other matters related to Smart Travel Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, publication, redistribution or sale of any part of the Smart Travel Offerings is strictly prohibited. You do have ownership rights in or to the Smart Travel Offerings or any content, document, software, services or other materials viewed at or through the Website or otherwise by and through the Smart Travel Offerings. The posting of information or material on the Website or otherwise by and through the Smart Travel Offerings by Smart Travel does not constitute a waiver of any right in or to such information and/or materials.
10. Editing, Deleting and Modification. We reserve the right to edit and/or delete any documents, information or other content appearing on the Website or otherwise by and through the Smart Travel Offerings in our sole discretion.
11. Indemnification. You agree to indemnify and hold Smart Travel, its parents, subsidiaries and affiliates, and each of their respective members, employees, officers, directors, co-branders, other partners, and/or agents harmless from and against any and all claims, expenses (including attorneys' fees), damages, costs, suits, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Smart Travel Offerings; (b) any dispute between you and any Member or Website-user; (c) your breach of the Agreement; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of Smart Travel, its parents, subsidiaries and/or affiliates, and each of their respective members, employees, officers, directors, agents, shareholders, attorneys, suppliers and/or licensors. Each of these individuals and entities has the right to assert and enforce these provisions directly against you on its own behalf.
12. Disclaimer of Warranties. THE SMART TRAVEL OFFERINGS AND/OR ANY OTHER PRODUCTS/SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED TO YOU ON AN " AS AVAILABLE" AND "AS IS" BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SMART TRAVEL MAKES NO WARRANTY THAT: (A) THE SMART TRAVEL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE SMART TRAVEL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE; OR (C) RESULTS THAT AVAILABLE ON THE WEBSITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT ARE AVAILABLE ON THE WEBSITE WILL BE RELIABLE OR ACCURATE. THE SMART TRAVEL OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE ON THE WEBSITE MAY CONTAIN BUGS, PROBLEMS, ERRORS OR OTHER LIMITATIONS. WE DO NOT TAKE LIABILITY FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SMART TRAVEL OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Smart Travel, OR OTHERWISE BY AND THROUGH THE WEBSITE OR OTHER Smart Travel OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Smart Travel IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Smart Travel HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE Smart Travel OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE; (B) THE COST OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, GOODS, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE UNAUTHORIZED ALTERATION OF OR ACCESS TO YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER ARISING FROM THE INABILITY TO USE THE Smart Travel OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT ARE AVAILABLE ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE Smart Travel FROM ANY AND ALL LIABILITIES, OBLIGATIONS AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Smart Travel TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Smart Travel. THE ABILITY TO USE THE Smart Travel OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
14. Third Party Websites. The Smart Travel Offerings may refer and link you to other websites and/or resources. Because Smart Travel has no control over third party websites and/or resources, you acknowledge and agree that Smart Travel holds no responsibility for the availability of such third party websites and/or resources. Furthermore, Smart Travel does not endorse, and does not hold any responsibility or liability for, any terms and conditions, privacy policies, services, content, advertising, products and/or other materials at or available by third party resources or websites, or for any damages and/or losses arising therefrom.
16. Legal Warning. You may not take any action imposing an unreasonable or disproportionately large load upon the Smart Travel infrastructure. Any attempt by any individual or entity, whether or not a Smart Travel customer, to damage, tamper with, destroy, vandalize and/or otherwise interfere with the operation any Smart Travel Offering is a violation of civil and criminal law and Smart Travel will pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
17. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Cold Spring Harbor, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Smart Travel Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found at https://travel.smarttravel.tips/i/smart-travel-docs; and (b) the parties agree to submit their dispute for resolution before a reputable arbitration organization. Smart Travel may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you choose not to accept it, or we cannot otherwise satisfactorily resolve your dispute, you may submit your dispute for resolution by arbitration before an arbitration organization mutually agreed upon by both parties, in your county of residence. You may do so by filing a separate Demand for Arbitration, which is also available on the Website at https://travel.smarttravel.tips/i/smart-travel-docs. For claims of Five Thousand Dollars ($5,000.00) or less, you may choose whether the arbitration proceeds in person, by telephone or based only on submissions. Should the arbitrator award you relief greater in amount than the Final Settlement Offer, we will pay all administration, filing and arbitrator fees associated with the arbitration and we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, pursuing and preparing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) pursuing the matter in small claims court rather than arbitration; and/or (ii) seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Although we may have the right to an award of attorneys' fees and expenses should we prevail in arbitration, we will not seek such an award from you with the exception that the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Smart Travel and/or its officers, employees, directors, representatives, members and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove yourself as a participant in any such suit. You also agree to pay the court costs and attorney's fees that Smart Travel incurs in seeking such relief. This provision prevents you from bringing, joining or participating in class action lawsuits: (A) is not a waiver of any of your rights or remedies to individually pursue a claim and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. By providing written notice within thirty (30) days of the date that you first access the Website, you may opt-out of these dispute resolution provisions.
18. Miscellaneous. Should any part of the Agreement be held unenforceable or invalid, remaining portions shall remain in full force and effect. To the extent that anything in or associated with any Smart Travel Offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, in the event that there is any inconsistency between these Terms and Conditions and any Official Contest Rules, the Official Contest Rules shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
19 . Contact Us. If you have any questions regarding the Agreement, the Smart Travel Offerings or would like more information, you may contact us by calling customer service at: 516-200-4424; you may also email us at: [email protected] or send us mail to: Smart Travel c/o Bulletpoint Digital, 2885 Sanford Ave SW #31899, Grandville, MI 49418.