Ownership - This Site, and each of its constituent parts, together with the arrangement and compilation of the content found on this Site, is the copyrighted property of SMI and/or its various third party providers and distributors. Some of the content found on this Site is owned by third party providers and distributors and, specifically. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of SMI, its affiliates, and various third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of SMI, or such other party that may own the Trademarks.
Age and Responsibility - If you use this Site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
Disclaimers - THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SMI AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE. NEITHER SMI NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM SMI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMI further does not warrant the accuracy and completeness of the materials, software or services at this Site. SMI may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and SMI makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Indemnification - You shall defend and indemnify SMI and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site.
Use of software - Any software that is made available to download from this Site is the copyrighted work of SMI and/or its suppliers. Use of the 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 download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
eCommerce – While it is intended that the particulars of the accommodations, services and products set forth in the Site are correct at time of posting, prices, descriptions and photographs are representational only and not a guarantee. SMI cannot be held responsible for modifications that can take place after publication, and with errors and omissions excepted. By reserving accommodations, you are entering into an agreement with the accommodation provider – SMI may not own, manage, operate or control any such accommodations, or other supplier of services and is not responsible for their acts or omissions. Reservations are made on a first come, first served basis – accordingly even though the accommodations may still be listed as available on the Site, the removal of listings already taken may be delayed. Confirmations will only be issued upon receipt of full payment for the accommodations and of any other amounts owing to SMI. Once confirmed, accommodations cannot be cancelled or changed. SMI cannot guarantee special requests such as room location, number of bedrooms, adjoining rooms, bed preference, etc. While SMI will attempt to accommodate such special requests, SMI will not be held responsible if such requests cannot be fulfilled or if surcharges are applied. No refunds or adjustments will be made for portions of accommodations not taken or used.
Notice to Travelers – You should be aware that different living standards and practices may exist outside of where you reside, including but not limited to provision of utilities, eg. water and electricity, services of all kinds, food, food preparation, water quality, security, insects, wildlife and weather conditions. SMI cannot be responsible for any loss, damage, illness or injury resulting from different living standards or views from resorts. All accommodation providers undergo routine maintenance and renovations. Certain resort areas are undergoing major growth with ongoing construction in and about the resort, and some services, features or facilities many not be working or curtailed. SMI cannot be held responsible for such ongoing activities and service limitations outside of its control including but not limited to unavailability of accommodations or facilities related thereto such as pool, recreation, etc. that may be undergoing periodic or other maintenance or have been discontinued for any reason whatsoever. SMI shall in addition not be liable for any failure or delay in performance to the extent said failures or delays are caused by causes beyond SMI’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or other persons or entities to substantially meet performance obligations, Acts of God, and other causes including but not limited to, wars, riots or other major upheaval, strikes, natural disasters (earthquakes, hurricanes, floods), fires, governmental restrictions, power failures, or damage or destruction of any network facilities or servers. In the event of an occurrence aforesaid, SMI will do what is reasonably possible to relocate into accommodations of equal or better quality, provided if SMI is unable to source similar accommodation, SMI’s liability shall be limited to the amount received for the accommodations respecting a particular reservation and that at SMI’s option you may instead be credited with a substitute accommodation Interval to be used within 12 months of the original reservation. SMI will not be responsible for the behavior of resort personnel or guests, and consequences of cultural or political occurrences.
Customs & Immigration – Certain accommodation may require the crossing of international borders. At their discretion, customs and/or immigration officials can deny entry into a country. SMI cannot be held responsible for denied entry under any circumstance. It is your responsibility to obtain, at your expense, all documentation required by all relevant government authorities, which may depend upon citizenship status. It is suggested that prior to departure, you ascertain the documentation required.
User submissions - SMI may receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary, unless constituting personally identifiable information which will be treated as set forth below. SMI will have no obligations with respect to the Communications. SMI and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to SMI for the purpose of receiving products or services will be handled in accordance with the SMI online Privacy Statement.
Linking to this Site - You may not create links to this Site from other sites, unless in accordance with the terms of the Guidelines and Linking License for linking to the Site and in compliance with all applicable laws. For a copy of such Guidelines and Linking License please contact SMI.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by SMI infringe your copyright, you (or your agent) may send notice requesting that the material be removed, or access to it blocked. If you believe in good faith that SMI has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to SMI, 690 Rowntree Diary Rd., Suite 201, Woodbridge, Ontario, L4L 5T7, Phone: 905-856-1173, Fax: 905-856-1571, Email: email@example.com. SMI suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Relationship. The relationship between SMI and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Rev. March 2010