BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.
Welcome to the user agreement (the “Agreement” or “User Agreement”) for Traveler.co.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of Traveler.co.com (the “Site”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this User Agreement at any time by posting the amended terms on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Traveler.co.com. This site is owned and operated by Traveler.co Inc. (“Traveler.co”), a duly incorporated company. Traveler.co.com reserves the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations or updates.
General Terms and Conditions of Use
1. Proprietary Rights
(1) All materials on this site, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, surveys and special promotions (“User Content”), are protected by intellectual property rights owned and controlled either by Traveler.co.com or its affiliates and subsidiaries, or by third parties who have licensed their material to Traveler.co.com. Material from the Traveler.co.com web site may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Traveler.co.com or except as specifically permitted on Traveler.co.com. Modification of material or use of material for any purpose other than your own personal, non-commercial, institutional or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other web site or networked computer is prohibited.
(2) The trademarks, logos and service marks that you see on this site are registered and unregistered marks of Traveler.co.com or its affiliates and subsidiaries, or third parties who have licensed the use of such marks to Traveler.co.com. Nothing in this site grants any licence or right to use any marks displayed on this site without the written permission of the owner of the mark. Your misuse of the marks displayed on this site or any other content on this site is strictly prohibited.
(3) Traveler.co.com makes no representation that materials on the site are appropriate or available for use in locations other than Canada. Those who choose to access this site from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.
(4) Traveler.co.com is entitled to use any material that you submit for any type of use forever in any media whether known now or developed later. When you submit material to the Traveler.co.com site, you agree that Traveler.co.com has the right to publish the material for any use as outlined above including, but not limited to, promotional and advertising purposes, without compensation to you of any kind.
2. Use of Traveler.co.com by you
(a) Unless otherwise specified, Traveler.co.com is intended for your personal use only. You may not authorize others to use Traveler.co.com, and you are responsible for all use of Traveler.co.com by you and by those you allow to use, or provide access to Traveler.co.com. You may not impersonate, imitate or pretend to be somebody else when using Traveler.co.com.
(b) You may not provide to or post on or through Traveler.co.com any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers,unless expressly authorized by Traveler.co.
(c) You agree not to use any obscene, indecent or offensive language, or to provide to or post on or through Traveler.co.com any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using Traveler.co.com.
(d) You may not provide to or post on or through Traveler.co.com any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local, provincial, federal, national or international law or regulation. You agree to use Traveler.co.com only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
(e) You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on Traveler.co.com does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party, or are provided or posted with the permission of the owner(s) of such rights.
(f) For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
(g) You understand that Traveler.co.com does not approve or control the content posted or gathered by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, Traveler.co.com is not liable for any statements, representations, or User Content provided by its users on Traveler.co.com or in connection with its services. Traveler.co.com assumes no responsibility for monitoring Traveler.co.com or its services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, Traveler.co.com reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. Traveler.co.com nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.
(h) You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through Traveler.co.com, including without limitation Traveler.co.com content, except as permitted by the Copyright Act (Canada) or other law or as expressly permitted in writing by this User Agreement or Traveler.co.com.
(i) You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with Traveler.co.com or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of Traveler.co.com.
(j) Other than connecting to Traveler.co's servers by using a web browser or other authorized agent, you may not attempt to gain unauthorized access to Traveler.co's servers by any means — including, without limitation, by using administrator passwords or by masquerading as an administrator while using Traveler.co.com or otherwise.
(k) You acknowledge that Traveler.co has not reviewed and does not endorse the content of all sites linked to from Traveler.co.com and is not responsible for the content or actions of any other sites linked to from Traveler.co.com. Your linking to any service or site is at your sole risk.
(l) You acknowledge that taxes and service charges for admission passes (tickets) purchased on Traveler.co as part of a travel package will be charged in a separate transaction according to the latest price tier, upon delivery of tickets by festival. This transaction will take place before the start of the festival, with the amount to be charged clearly visible on the ticket description when placing your order.
(m) You understand that while Traveler.co strives to provide hotel confirmation numbers in a timely manner, they are at the discretion of the chosen property and are dependent on their relay of information to our company. Traveler.co does not have access to confirmation numbers in advance, during, or before them being sent to us by the hotel or property in question.
Enforcement of this User Agreement is solely in our discretion, and failure to enforce the User Agreement in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these User Agreement do not create any private right of action on the part of any third party or any reasonable expectation that Traveler.co.com will not contain any content that is prohibited by this User Agreement.
3. Copyright Complaints
Traveler.co respects the intellectual property of others, and we ask our users to do the same. Traveler.co may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on Traveler.co.com in a way that constitutes copyright infringement, or that Traveler.co.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Traveler.co by providing the following information as required to our copyright agent set forth below:
(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Traveler.co to locate the material;
(d) Information reasonably sufficient to permit Traveler.co to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright agent: Me.David Ghavitian
15 Notre Dame West
Only copyright complaints should be sent to agent. No other communications will be accepted or responded to. For communications on other matters, please contact us.
4. Linked Sites
SOME LINKS IN THE TRAVELER.CO.COM SITE LET YOU LEAVE THE TRAVELER.CO.COM WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF TRAVELER.CO.COM AND TRAVELER.CO IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. TRAVELER.CO.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TRAVELER.CO OF THE LINKED SITE.
5. Third Party Advertising and Business Dealings
Traveler.co.com may run advertisements and promotions from third parties on Traveler.co.com or may otherwise provide information about or links to third-party products or services on Traveler.co.com. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Traveler.co is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release Traveler.co.com from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6. Electronic Communications
(1) When you visit Traveler.co.com or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(2) By joining Traveler.co.com, user acknowledges and agrees that Traveler.co.com will send member e-mails relating to their member account, transactions and Traveler.co.com promotions. You can opt out of your subscription to Traveler.co.com e-mail services at any time by logging in to Traveler.co.com and selecting Notification Preferences under the heading Account Settings. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences.
7. Your Traveler.co.com Password
Traveler.co.com is entitled to act on instructions received under your password. You are responsible for keeping your username, email address, password, and account information confidential.
The materials and information in the Traveler.co.com site are provided “as is” and without warranties of any kind either express or implied, unless otherwise specifically noted herein. To the fullest extent permissible pursuant to applicable law, Traveler.co.com disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Traveler.co.com site and any web site with which the Traveler.co.com site is linked. Traveler.co.com does not warrant the functions, information or links contained on these sites or that their contents will meet your requirements, that these sites or their contents are fit for any particular purpose or that the operations of the Traveler.co.com network or its contents will be uninterrupted or error-free, or that these sites or the server that makes them available are free of viruses, worms or other harmful components. Without limitation, Traveler.co.com makes no representations and warranties, express or implied, with respect to any specific merchandise or service that will be available for or obtained by members through the redemption of rewards.
These terms and conditions of use constitute an agreement that is effective until terminated by Traveler.co.com at any time without notice. Traveler.co.com may terminate your right to use this site immediately, without notice to you if, in the sole discretion of Traveler.co.com, you fail to comply with any of these terms and conditions of use or engage in any fraudulent activity. In the event of termination, you are no longer authorized to access the benefits of this site; and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this agreement. These terms and conditions of use constitute the entire agreement between you and Traveler.co.com related to this site.
10. Governing Law
11. Compliance with Laws
(1) You agree that your use of the site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
(2) You agree not to impersonate another person in your use of the site or the sending of any e-mail to an address listed on the site.
While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
13. Our Obligations
Traveler.co.com may be required by law to disclose information you have provided in obtaining our products or services. Traveler.co.com may also disclose information against someone who poses a threat to Traveler.co.com’s interests (such as fraud) or whose activities could bring harm to others.
14. Other Web Sites
(1) There are several places throughout Traveler.co.com that may link you to other Web sites that do not operate under Traveler.co.com information privacy practices. When you click through to these Web sites, Traveler.co.com information privacy practices no longer apply. We recommend that you examine the privacy statements for all third party Web sites to understand their procedures for collecting, using, and disclosing your information.
(2) You have the option of sending e-mail to Customer Support requesting a change to the information you provided to us or to receive a copy of the information we have stored during the length of the contest or sweepstakes. We will make every reasonable effort to honour your wishes. Proof of identity is required.
15. Request Customer Support or Submit Questions/Suggestions
When you request assistance with viewing your profile, logging on to the Traveler.co.com Web site, or accessing your account, we will respond to you via e-mail.
17. No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS AND OUR EMPLOYEES PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
18. Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS AND OUR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. Neither Traveler.co.com, its parent, nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on the Traveler.co.com site or from the use of, or the inability to use Traveler.co.com materials and information. You specifically agree that Traveler.co.com is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Traveler.co.com site or any materials on the site, or with any of Traveler.co.com’s terms and conditions of use, your sole and exclusive remedy is to discontinue using the Traveler.co.com site.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
20. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services.
21. No Agency
You and Traveler.co.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
22. Changes to These Terms and Conditions of Use
Traveler.co.com reserves the right to change the above Terms and Conditions of Use without notice. Any changes will be posted on our Web site.