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Terms of Service

Last updated: July 5, 2024

1. Introduction

These Terms of Service govern your access to and use of the GoSmart Travel website (gosmart.travel), operated by Smooth Sailing Travel, LLC. By accessing and using this website, you agree to be bound by these terms and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.

2. Limited License and Right to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not permit you to modify, distribute, transmit, or create derivative works based on the website or its content without explicit written permission.

3. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of GoSmart Travel or its content suppliers and is protected by international copyright laws. Unauthorized reproduction or distribution of this content is strictly prohibited.

4. Right to Modify

GoSmart Travel reserves the right to modify, amend, or update these Terms of Service at any time without prior notice. Your continued use of the website following any modifications constitutes your acceptance of the updated terms.

5. Website Users

You represent and warrant that you are either the age of majority in your jurisdiction or have parental consent to use this website. You agree to provide accurate and complete information and to maintain the confidentiality of any account information.

6. Your Account

If you create an account on our website, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account and to notify us immediately of any unauthorized use.

7. User Name & Password

You are solely responsible for safeguarding your username and password. Do not share your login credentials with anyone, and do not use another person's account without permission. We will not be liable for any unauthorized access to your account resulting from your failure to protect your credentials.

8. Online Services / Your Responsibilities

You agree to use this website only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting content that is defamatory, offensive, or contains threats, or disrupting the normal flow of communication within our website.

9. Forums & Submissions

If we offer forums, comments, or submission features on our website, any content you submit becomes the property of GoSmart Travel. By submitting content, you grant us the right to use, modify, publish, and distribute that content without compensation to you.

10. Termination

We reserve the right to terminate or suspend your account and access to the website at any time, without notice, for violation of these terms or for any other reason at our sole discretion. Upon termination, your right to use the website will immediately cease.

11. Eligibility

You must be at least 18 years of age to use this website. By using the website, you represent and warrant that you meet this eligibility requirement and that you have the right to enter into and be bound by these terms.

12. Privacy

Your use of our services is also subject to our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.

13. Copyright Infringement (DMCA)

We respect intellectual property rights and will respond promptly to claims of copyright infringement. If you believe that content on our website infringes your copyright, please contact us with details of the infringement and we will investigate and take appropriate action.

14. Third-Party Offerings

Our website may contain links to third-party websites and services. We are not responsible for the content, accuracy, or practices of these external sites. Your use of third-party services is subject to their terms and conditions, not ours.

15. Disclaimer of Warranties

This website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the website will be error-free, uninterrupted, or secure, or that any defects will be corrected.

16. Limitation of Liability

In no event shall GoSmart Travel be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the website, even if we have been advised of the possibility of such damages.

17. Indemnification

You agree to indemnify, defend, and hold harmless GoSmart Travel and its officers, directors, employees, and agents from any claims, damages, losses, or liabilities arising from your use of the website or your breach of these terms.

18. Notice for California Users

Under California Civil Code Section 1798.83, California residents have the right to request information about the types of personal information we share with third parties for their direct marketing purposes.

19. Statute of Limitations

Any claim or cause of action arising from your use of the website must be filed within one year after the cause of action arises, or you agree to waive such claim or cause of action.

20. Modifications to these Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website constitutes acceptance of the modified terms.

21. Mobile Terms

If you access our website through a mobile application, additional terms specific to that application may apply. Please review any mobile-specific terms before using our mobile services.

22. Governing Law / Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction of the state and federal courts located in Florida.

23. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

24. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies posted on our website, constitute the entire agreement between you and GoSmart Travel regarding your use of the website.

25. Contact

If you have questions about these Terms of Service, please contact us at support@gosmart.travel.