BY AGREEING TO THESE TERMS YOU CONSENT TO SMART LAYOVER’S COLLECTION OF INFORMATION, INCLUDING PERSONAL INFORMATION, FROM YOUR USER INTERFACE AND FROM YOUR THIRD PARTY ACCOUNTS AND OTHER SERVICES WHEN YOU SIGN INTO SUCH THIRD PARTY SERVICES OR ACCOUNT THROUGH THE SMART LAYOVER MOBILE APPICATION.
SMART LAYOVER SHALL NOT BE RESPONSIBLE FOR DAMAGES IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FOR MISSED FLIGHTS, SCHEDULING ERRORS, UNSATISFACTORY OR PROBLEMATIC SERVICES ENGAGED THROUGH THE APP, PERSONAL INJURY OF ANY KIND, OR OTHER FEES AND COSTS. YOU ARE SOLELY RESPONSIBLE FOR PAYMENT TO ANY THIRD PARTY PROVIDER FOR ITEMS NOT ORDERED DIRECTLY THROUGH OUR SERVICE.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU USE THE SERVICE IN A MANNER THAT ALLOWS YOU TO FULFILL YOUR TRAVEL PLANS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND COMPLYING WITH ANY PASSPORT OR VISA REQUIREMENTS, TRAVEL ADVISORIES, IMPORT OR EXPORT RESTRICTIONS, OR OTHER INTERNATIONAL LAWS IN CONNECTION WITH YOUR TRAVELS. SMARTLAYOVER HAS NO RESPONSIBILITY FOR YOUR SELECTION OF TRAVEL DESTINATION, NOR ANY OBLIGATION TO ADVISE YOU IF ANY DESTINATION IS UNSAFE FOR ANY REASON. YOU TRAVEL IS SOLELY AT YOUR OWN RISK.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SMART LAYOVER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- You must be at least 18 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Smart Layover prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Smart Layover upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Smart Layover users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post, collect, or attempt to collect private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content“) that you submit, post or display on or via the Service, including without limitation in the form of comments, ratings, or feedback.
- IF YOU CHOOSE TO BOOK TRAVEL OR SERVICES THROUGH THE SERVICE FOR OTHERS, YOU MUST OBTAIN THEIR EXPRESS CONSENT TO DO SO AND TO SHARE THEIR PERSONAL INFORMATION WITH US. YOU ARE NOT PERMITTED TO BOOK SERVICES OR TRAVEL FOR THIRD PARTIES USING THE SERVICE WITHOUT THEIR EXPRESS, INFORMED CONSENT.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Smart Layover.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Smart Layover users.
- You must not use domain names or web URLs in your username without prior written consent from Smart Layover.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Smart Layover page is rendered or displayed in a user’s browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Smart Layover account by sending email to email@example.com. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your data will no longer be accessible through your account and, but those materials and data may persist and appear within the Service for a period of approximately thirty days in order for Smart Layover to finalize payment processing and address any refund claims, among other matters. YOU MUST INFORM SMART LAYOVER OF ANY COMPLAINTS OR REQUESTS FOR REFUNDS FROM OUR PARTNERS YOU HAVE CONTACTED THROUGH THE APP WITHIN THIRTY DAYS OF USING THE APPLICABLE SERVICE. SMART LAYOVER CANNOT PROVIDE ANY ASSISTANCE IN OBTAINING REFUNDS OR RESOLVING COMPLAINTS UNLESS WE HEAR FROM YOU ABOUT THE ISSUE WITHIN THIRTY DAYS OF ITS OCCURRENCE. IF YOU CHOOSE TO DELETE YOUR ACCOUNT, YOU WILL HAVE THIRTY DAYS AFTER YOUR DELETION TO INFORM US OF ANY ISSUES OR COMPLAINTS AND SMARTLAYOVER SHALL HAVE NO RESPONSIBILITY FOR ASSISTING IN THE RESOLUTION OF SUCH COMPLAINTS AFTER THIS THIRTY-DAY PERIOD.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username or account for any reason.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Smart Layover is not responsible or liable for the conduct of any user. Smart Layover reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you share Content or any personal or other information in connection with the Service.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites, applications or features. There may also be links to third-party web sites, applications, or features in the display within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Smart Layover does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Smart Layover is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. This includes, for example, where you have purchased additional goods or services from a third party whom you originally contacted or became aware of through the Services. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information through the Service, you are consenting to information about you on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Smart Layover has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Smart Layover Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service. You further agree that you are solely responsible for any transaction fees charged by your bank or credit card provider for international transactions for purchases or reservations made through the Service.
- You agree that we may debit your credit card account either (i) in advance of our partners’ providing services to you or (ii) after a purchase or service, for any costs we incur as a result of your dispute with or nonpayment to a third party service provider encountered through the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles (except as may be the result of standard search engine protocols or technologies used by a search engine with Smart Layover’s express consent). You may not use automated means other than the Smart Layover mobile application to access any Service, any Content thereon, or any of Smart Layover’s web properties.
- You agree that any reviews or feedback you provide through the Service are the sole and exclusive property of Smart Layover and that we may display them through the Services or otherwise to third parties in connection with your name, username, product or service usage, and/or location.
- You acknowledge and agree that any ratings or reviews displayed in connection with the Service have originated with third parties, are intended only for general information, and are not to be considered a recommendation to engage with any particular service provider.
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Smart Layover may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You agree that the Service is also supported through commissions for services engaged through our partners using our App interface and agree to pay any such commissions in connection with your payment for the applicable partner service.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- The Service contains content owned or licensed by Smart Layover (“Smart Layover Content”). Smart Layover Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Smart Layover, Smart Layover owns and retains all rights in the Smart Layover Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Smart Layover Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Smart Layover Content; provided, however, that you may make a limited number of copies of your travel itinerary and related documents for travel services booked through the Services for your personal use.
- The Smart Layover name and logo are trademarks of Smart Layover, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Smart Layover. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Smart Layover, and may not be copied, imitated or used, in whole or in part, without prior written permission from Smart Layover.
- Although it is Smart Layover’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Smart Layover reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Smart Layover, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Smart Layover encourages you to maintain your own backup of your Content. In other words, Smart Layover is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Smart Layover will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- We may make the Googleâ Translate tool available through the Service to enable you to translate content such as user reviews and hotel websites. This tool uses an automated process to translate text, which may result in inaccuracies, and your use of this tool is entirely at your own risk. We make no warranties or guarantees whatsoever about the accuracy or completeness of the translations offered through the Googleâ Translate tool.
- Your use of the mapping services in connection with our Services is owned and operated by Google Maps or another third party map service provider, and your use of such services is subject to those third parties’ terms and conditions http://www.google.com/intl/en_us/help/terms_maps.html.
- It is Smart Layover’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Smart Layover does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Smart Layover is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, SMART LAYOVER CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SMART LAYOVER NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE ” SMART LAYOVER PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SMART LAYOVER CONTENT; (C) USER CONTENT; (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SMART LAYOVER OR VIA THE SERVICE; (E) THE QUALITY, QUANTITY OR NATURE OF THIRD PARTY SERVICES OFFERED THROUGH THE APP OR OUR SERVICES; OR (F) THE SAFETY OR ADVISABIITY OF ANY ACTIVITY OFFERED THROUGH OR FACILITATED BY THE APP OR OUR SERVICES. IN ADDITION, THE SMART LAYOVER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE SMART LAYOVER PARTIES DO NOT ENDORSE CONTENT OR ANY THIRD PARTY SERVICES OFFERED THROUGH THE APP OR OUR SERVICES AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE SMART LAYOVER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE SMART LAYOVER CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SMART LAYOVER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, BAGGAGE, POSESSIONS, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, (i) DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, OR (ii) DAMAGE FROM ANY ACT OR OMISSION OF ANY THIRD PARTY, WHETHER OR NOT CONTACTED OR ENGAGED THROUGH OUR SERVICES, INCLUDING, WITHOUT LIMITATION, IN EACH CASE, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION OR FINANCIAL LOSS, EVEN IF FORESEEABLE OR EVEN IF THE SMART LAYOVER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SMART LAYOVER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SMART LAYOVER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTIONS EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SMART LAYOVER’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SMART LAYOVER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SMART LAYOVER PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
SMART LAYOVER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Smart Layover can require the other to participate in an arbitration proceeding. To opt out, you must notify Smart Layover in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
1200 Westlake Ave N, Suite 1006
Seattle WA 98109
You must include your name and residence address, the email address you use for your Smart Layover account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Smart Layover.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Smart Layover must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Smart Layover to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Smart Layover provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, 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.
© 2017 Smart Layover, LLC