We're going to take a r...Site User Agreement
This Agreement governs your use of this Web site. It exempts TripSmarter.Com from liability or limits its liability and contains other important provisions that you should read. Each time you use this Web site, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement as it then reads, and you warrant and represent that you are at least 18 years of age. If you do not agree with each provision of this Agreement each time you use this Web site, or if you are not at least 18 years of age, you may not use this Web site.
In this Agreement:
1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Disclaimers, Liability Exclusions, Liability Limitations, and Indemnity
4. Jurisdictional Issues
5. Governing Law and Dispute Resolution
6. Termination of Web Site Use
7. Ownership and Permitted Use of this Web Site and its Content
8. Trademark Information
9. No Advice or Solicitation
10. Restricted Areas
11. Information Submissions
12. Links
to Other Sites
13. Linking and Framing this Web Site
14. Unsolicited Submissions
15. Privacy
16. Other Matters
1. Your Acceptance of This Agreement
This Web Site Use Agreement (referred to as the "Agreement")
governs the use of this Web site and constitutes an agreement between
TripSmarter.Com (referred to as "TripSmarter.Com") and users
of this Web site, such as you. Each time you use this Web site you signify
your acceptance and agreement, and the acceptance and agreement of any
party you purport to represent, without limitation or qualification,
to be bound by this Agreement as it then reads, and you represent and
warrant that you are at least 18 years of age and have the legal authority
to agree to and accept this Agreement on behalf of yourself and any
party you purport to represent. If you do not agree with each provision
of this Agreement, or you are not authorized to agree to and accept
this Agreement, or you are not at least 18 years of age, you may not
use this Web site.
2. Changes to this Agreement
You may not change, supplement or amend this agreement in any manner.
We may, in our sole discretion, change, supplement or amend this agreement
as it relates to your future use of the web site from time to time,
for any reason, and without any prior notice or liability to you or
any other person.
3. Disclaimers, Liability Exclusions, Liability Limitations, and Indemnity
TripSmarter.Com strives to make your use of this Web site a useful and
enjoyable experience. Nevertheless, TripSmarter.Com does not accept
any liability for your use of this Web site or its Content. For that
reason, the following provisions apply to your use of this Web site
or its Content:
DISCLAIMER
YOU AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THIS WEB
SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS, AND
WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ALL OF WHICH ARE HEREBY FULLY DISCLAIMED BY TRIPSMARTER.COM TO THE
FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
YOU (AND NOT TRIPSMARTER.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT ARISING FROM OR CONNECTED
TO YOUR ACCESS TO THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, TRIPSMARTER.COM DOES NOT REPRESENT OR WARRANT THAT:
(A) THIS WEB SITE OR ITS CONTENT WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; OR
(B) THE USE OF THIS WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY CONTENT, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
(C) THE USE BY YOU OF THIS WEB SITE OR ITS CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; OR
(D) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; OR
(E) THE WEB SITE WILL MEET YOUR REQUIREMENTS; OR
(F) THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL OR TIMELY; OR
(G) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE
TRIPSMARTER.COM WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THIS WEB SITE BY YOU OR ANYONE ELSE, AND REGARDLESS OF ANY NEGLIGENCE BY TRIPSMARTER.COM OR ANYONE FOR WHOM TRIPSMARTER.COM IS RESPONSIBLE, AND NOTWITHSTANDING THAT TRIPSMARTER.COM MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANYONE ELSE.
LIABILITY LIMITATION
IN NO EVENT WILL TRIPSMARTER.COM EVER BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY,
AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY TRIPSMARTER.COM
OR ANYONE FOR WHOM TRIPSMARTER.COM IS RESPONSIBLE, IN AN AMOUNT EXCEEDING
$100 (USD) OR THE AMOUNT YOU PAID TO TRIPSMARTER.COM TO USE THIS WEB
SITE, WHICHEVER IS LESS.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TRIPSMARTER.COM AND ALL OF ITS
AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS AND
LICENSEES, OFFICERS AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED
INDIVIDUAL OR CORPORATE PARTIES (COLLECTIVELY, THE "INDEMNIFIED
PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND
COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES,
INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR
DEMAND ARISING OUT OF OR CONNECTED TO YOUR USE OF THIS WEB SITE OR
ITS CONTENT AS DEFINED HEREIN, YOUR BREACH OF THIS AGREEMENT, YOUR
VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHERS, OR YOUR VIOLATION
OF ANY APPLICABLE LAWS. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS
REASONABLY REQUIRED BY TRIPSMARTER.COM IN THE DEFENCE OF ANY SUCH
CLAIM OR DEMAND
This Web site is controlled by TripSmarter.Com from Panama City Beach, Florida. Access to this Web site from locations where the Content is illegal is prohibited. It is solely your responsibility to determine whether your use of this Web site is lawful, and you must comply with all laws applicable in your jurisdiction.
5. Governing Law and Dispute Resolution
Unless otherwise specified, the materials on this Web site are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by TripSmarter.Com from its offices within the State of Florida, United States of America. TripSmarter.Com makes no representation that material in this Web site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or TripSmarter.Com bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Bay County, Florida, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by TripSmarter.Com.
6. Termination of Web Site Use
If you breach any provision of this Agreement, you may no longer access or use this Web site or its Content.
TripSmarter.Com, in its sole discretion, may terminate your right to use this Web site or its Content at any time, for any reason, without any notice to you and without any liability to you or any other person.
If TripSmarter.Com terminates your right to use this Web site, this Agreement will nevertheless continue to apply and be binding upon you in respect of your use of this Web site prior to the termination of this Agreement, any information or materials obtained by you from this Web site, and anything connected with, relating to or arising from those matters.
7. Ownership and Permitted Use of the Web Site and its Content
This Web site and all of its content, including information (in text, graphical, video and audio forms), images, icons, software, and other elements (referred to as "Content") are the property of TripSmarter.Com or its suppliers, and are protected by United States and international copyright, trademark, and other laws. Your use of this Web site and its Content does not transfer to you any ownership or other rights in this Web site or its Content. Your only rights are to use this Web site and its Content as described specifically in this Agreement.
This Web site and its Content are made available to you for your lawful, personal, and non-commercial use only. This Web site and its Content may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Content (including the design of this Web site) may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way, in whole or in part, without the express prior written consent of TripSmarter.Com.
You may access and browse this Web site using a commercially available Web browser. You may print the pages of this Web site for your personal use provided that you do not modify any of the Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
You may not use any of the software that is used in the operation of this Web site except while you are browsing this Web site or performing other activities provided through this Web site. You may not copy any of the software used in the operation of this Web site.
TripSmarter.Com, Tripsmarter.com, and www.tripsmarter.com.com are registered and unregistered trademarks and trade names owned by TripSmarter.Com. Other product and company names and logos appearing on this Web site may be registered and unregistered trademarks or trade names of their respective owners.
Any use of the trademarks, trade names and logos (collectively the "Marks") displayed on this Web site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on this Web site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on this Web site.
This Web site and its Content are for informational purposes only. They do not constitute professional, investment, legal, accounting, tax or other advice or recommendations. If you require such advice or recommendations, you must seek it from persons other than TripSmarter.Com.
This Web site and its Content do not constitute a solicitation to buy any product or service.
10. Restricted Areas and Passwords
Certain areas of this Web site may be accessed only by use of a unique user identification and password. If you are provided with a password, you are responsible for ensuring that your user identification and password are not disclosed to or used by any other person. You are fully responsible for all activities that occur under your identification or password, and release TripSmarter.Com from and indemnify TripSmarter.Com against all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by any other person. You must immediately notify Tourism Vancouver of any unauthorized use of your identification or password.
In order to use portions of this Web site you may be required to submit information through this Web site. All information you provide through this Web site must be true, accurate, and complete. TripSmarter.Com will rely on the information you provide. If you submit incorrect or incomplete information, you will be responsible for any loss, damage, or additional costs you, TripSmarter.Com, or others may incur as a result.
This Web site may include links to Web sites or resources operated by TripSmarter.Com's Web site sponsors or other third parties ("Other Sites"). Links to Other Sites are provided solely for your convenience. Other Sites are independent from TripSmarter.Com, and TripSmarter.Com has no responsibility for or control over Other Sites, their content, or their availability. TripSmarter.Com does not sponsor or endorse any Other Sites or their content or the products or services available through those sites. Your use of Other Sites and dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against TripSmarter.Com arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. The provisions of this Agreement under the section headed Disclaimers, Liability Exclusions, Liability Limitations, and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their content.
13. Linking and Framing this Web Site
Links to this Web site without the express written permission of TripSmarter.Com are strictly prohibited. To request permission to link to this Web site, please contact dean@tripsmarter.com. TripSmarter.Com reserves the right to cancel and revoke any permission it may give to link to this Web site at any time, for any reason, without any notice, and without any liability.
The framing of this Web site or any of the Content in any form and by any method is strictly prohibited, without written authorization from TripSmarter.Com.
If you send Submissions to TripSmarter.Com or this Web site you automatically grant to TripSmarter.Com and its assigns a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of TripSmarter.Com or its assigns, and you agree, warrant and represent that all moral rights in the Submissions are waived.
TripSmarter.Com respects the privacy of the visitors to this site. To see this site's Privacy Policy, please click here.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and TripSmarter.Com relating to your use of this Web site and supersedes all previous agreements, written, oral or otherwise, between the you and TripSmarter.Com with respect to your use of this Web site and its Content. This Agreement does not vary, alter, modify or otherwise affect any other more specific agreements between you and TripSmarter.Com regarding other matters. Any rights not expressly granted by this Agreement are reserved to TripSmarter.Com. You and TripSmarter.Com are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the web site.
This Web Site Use Agreement is subject to change without notice.
Last modified: October 1, 2002
